Courses

  • LAW JD 748: International & Comparative Legal Research
    To understand international law, it is necessary to develop expertise in working with the diverse sources of this area of law. Students will learn to navigate the international system and locate the relevant primary sources of law, including treaties, decisions of international tribunals, documents of international organizations and other sources of state practice. The course will explore the United Nations, the European Union and the WTO, among other organizations; topics will include international trade, human rights and "private" international law. In addition, students will be introduced to strategies for researching the law of foreign jurisdictions. Students will gain hands-on experience in answering legal research questions in the area of international and comparative law. Classes will combine instruction and hands-on exercises using major print sources, subscription databases, and web-based resources for international legal research. Students will be evaluated on several grounds, including class participation, regular assignments, quizzes and a final project. NOTE: This seminar satisfies the Upper-class Professional Skills requirement.
  • 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 856 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.
  • 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: Students may not add this course after the first class has been held. Meeting dates January 26 to March 2, 2017.
  • 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 spring. 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 766: Environmental Law Practicum (C)
    Through the Environmental Law Practicum, J.D. students receive credit for completing environmental law-related legal projects for a Boston-based environmental law organization. Projects will vary in scope and content based on student interest and the needs of the partnering organization. Students will work on environmental law projects on behalf of the Conservation Law Foundation and Alternatives for Community and Environment. Project topics will include clean energy, clean water, and environmental justice, which concerns the intersection of civil rights, fundamental fairness, and environmental policy. Students may also have the opportunity to work on litigation-related matters. Throughout the semester, students will work both under the supervision of an attorney at the partner organization and under the supervision of Professor Pam Hill. Practicum students must attend six class meetings with Professor Hill. Depending on the nature of the project and as determined at the outset of the semester, students will receive either 1 or 2 graded credits. Each credit requires students to spend a minimum fifty hours on practicum work during the semester. This class is restricted to students who have applied to and been accepted into the Practicum. NOTE: This class satisfies the Upper-class Professional Skills requirement.
  • LAW JD 768: Criminal Motion Practice 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. 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. GRADING NOTICE: This course does not offer the CR/NC/H option. ** 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. Meeting dates September 8 to October 13, 2016. **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 semester-long transaction simulations offered as part of the School's Transactional Law Program and satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. The simulated transaction involves the consolidation of ownership of a family-owned retail drugstore 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, including interests in real estate used in 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. The course will consider the respective rights and obligations of these two shareholders as majority and minority owners in a closely held business. The course will also address issues involved in commercial real estate leasing and financing, including negotiating a commercial lease, mortgage and mortgage note from the perspective of each party. The course is intended to expose students to the principal tasks undertaken, and issues faced, 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, with each team 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. The course grade will be based on periodic drafting and other written assignments (individual and the individual's portion of team or group assignments), individual contributions to other team or group efforts, and individual class participation (including oral reports). CLASS SIZE: Limited to 12 students. NOTES: This course does not satisfy the Upper-Class Writing Requirement. This course 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 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 semester-long transaction simulations offered as part of the School's Transactional Law Program and satisfies the Transaction Simulation Requirement of the Transactional Practice Concentration. 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 primary 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 analytical, drafting and other legal tasks during each stage of the transaction from inception through closing, including revising and negotiating final terms of a merger agreement for the proposed transaction and preparing the related disclosure schedules. Much of the course work will be done in teams representing the company being sold or a potential purchaser of that company. The course grade will be based on drafting assignments, contributions to team efforts such as in-class presentations and negotiation sessions, and individual class participation. CLASS SIZE: Limited to 12 students. PREREQUISITE: Contract Drafting. PREREQUISITE or COREQUISITE: Corporations. NOTES: This course does not satisfy the Upper-Class Writing Requirement. This course satisfies the Upper-Class Professional Skills Requirement. 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: Acquisition of Urban Real Estate for Major Commercial Re-Development
    This course is one of the semester-long transaction simulations offered as part of the School's Transactional Law Program and satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. The simulated transaction involves the sale of an urban site in Cambridge, MA comprised of buildings currently or previously occupied by commercial tenants which is to be re-developed into a high-end mixed-use multi-family and retail building. The course is intended to expose students to various transactional, regulatory and other issues faced, and lawyering tasks undertaken, by both junior and more senior attorneys in this type of transaction, and to enable students, in performing these tasks, to develop important practice skills in the area of commercial real estate. The class will be divided into teams at various stages of the transaction, with each team representing the buyer or the seller, regarding the acquisition of the property, or the local developer or capital partner regarding forming the venture that will acquire this property. 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. Throughout the semester students will be able to interact with a variety of real estate developers and experts. The course grade will be based on periodic drafting, negotiating and other written assignments (both in-class and homework), contributions to team efforts, and individual class participation. CLASS SIZE: Limited to 12 students. NOTES: This course does not satisfy the Upper-Class Writing Requirement. This course 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 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. GRADING NOTICE: This course 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 777: Education Law and Policy (S)
    This seminar considers the legal and policy framework of K-12 public education. During the first two-thirds of the meetings, we will study the historical development of public education; school desegregation and resegregation; school finance; federalism, localism, and accountability efforts; achievement gap and equity reforms such as school choice, charters, and vouchers; single-sex public education and other identity-based public schooling; commitments to students with disabilities; and bullying. For the final third of the course, students will work in pairs to develop a topic for further research, evaluation, and problem-solving, and present their work in person and in writing to the class. Students will leave this course with a foundation in substantive education law and policy, and develop and practice the following skills: oral communication, written communication, law and policy analysis, and collaboration. This is a reading and writing intensive course. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. GRADING NOTICE: This course 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 778: Introduction to Risk Management and Compliance
    This course covers the core legal concepts underlying compliance -- the new paradigm in corporate accountability -- and its impact on transnational business operations. We will examine the Federal Sentencing Guidelines for Organizations; the Foreign Corrupt Practices Act and the Sarbanes Oxley Act, as well as guidance issued by the Department of Justice and the Securities and Exchange Commission. You'll learn how to: * Identify an enterprise's compliance obligations; * Assess the legal risks associated with those obligations; * Build a compliance and ethics program that effectively mitigates legal risk; and, * Generate value through compliance and ethics.
  • LAW JD 779: Topics in Environmental Law: Current Hot Button Issues (S)
    This seminar will examine current hot button issues and controversies in environmental law with an emphasis on their legal and policy implications. Examples may include greenhouse gas emissions from power plants and other fossil fuel sources/users; NIMBY fights over the location of pipelines and wind farms; and the respective environmental impacts of wind, solar, biomass and other alternative energy sources, coal, oil, nuclear or natural gas powered-energy. Through stakeholder analysis, role playing and decision making exercises involving actual cases, students will gain a focused understanding of key federal environmental laws, regulations and policies and learn how practicing lawyers apply the law to a complex set of facts where there are no black and white answers. The course will be conducted in seminar format which means that active participation in discussion and in class exercises will count for a major part of the final grade. Several written projects, collaborations and presentations will be required throughout the semester. Experience in Administrative Law is preferred but not required. NOTE: This seminar does not satisfy the Upper-class Writing Requirement. GRADING NOTICE: This course 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 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 challenge of applying trademark laws in the Internet context. In addition to a 3-hour final exam, all students will be required to complete a short memorandum dealing with trademark clearance and registration issues. GRADING NOTICE: This course does not offer the CR/NC/H option.
  • LAW JD 781: Tax Aspects of International Business & 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 semester-long transaction simulations offered as part of the School's Transactional Law Program and satisfies the Transactional Simulation requirement of the Transactional Practice Concentration. 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). PREREQUISITE OR COREQUISITE: Corporations. NOTES: This course does not satisfy the Upper-class Writing Requirement. This course satisfies the Upper-Class Professional Skills Requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class and does not 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 the class are required to attend the first meeting to be considered for enrollment.
  • 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.