• LAW JD 865: Health Law: Medicine & Ethics
    This course examines health care law from the perspectives of the individual and the state. Broad topics include the common law of medicine; the scope of state power over individual medical choices (individual rights); the division of regulatory power between national and state governments (federalism); and the division of power among legislative, executive, and judicial branches (separation of powers). Specific topics include the doctor-patient relationship; informed consent; medical malpractice; confidentiality and privacy; regulation of contagious disease, smoking, and obesity; regulation of illicit and prescription drugs; and regulation of insurance, especially through the Affordable Care Act's market reforms, mandate, and subsidies and under Medicare and Medicaid. The goal of the course will be to deepen understanding of the relationship between the individual and the state in making choices about short- and long-term health, critically evaluating assertions of state interest to regulate human bodies and lives and equally critically evaluating assertions of individual freedom to make healthcare choices.
  • LAW JD 867: Health Law: Business, Organization & Finance
    This course focuses on the business side of health care, including health care insurance regulation and laws designed to increase the quality and lower the cost of care. Topics include managed care regulation, institutional liability for medical malpractice and other forms of negligence, professional and facilities regulation, the corporate practice of medicine doctrine, corporate form, medical staff organization, referral fee laws, and antitrust law related to health care providers. The goal will be to provide a solid doctrinal background on today's most relevant areas of health law and to develop a strong ability to view the doctrine and policy through the lens of economics with a particular focus on law as the cause of and solution to health care and health care insurance market imperfections.
  • LAW JD 868: Moot Court
    The second component of the First Year Research and Writing requirement is participation in the J. Newton Esdaile Appellate Moot Court Program in the spring semester. Students conduct research, draft a brief and present a case in oral argument before a panel of moot-court judges made up of faculty, lawyers and students.
  • LAW JD 870: Patent Law
    The basic questions in patent law are: why should society permit the grant of an exclusive property right in information relating to an invention? Who should be given the right? What is the scope of the right? How should the right be enforced? What disclosure duties should be placed on the patent holder? We will concentrate on these legal issues without getting mired in discussions of the technical details of particular inventions. Students without a technical background are welcome and encouraged to enroll.
  • LAW JD 871: Trusts, Wills & Basic Estate Planning
    Examination of the rules governing intestate and testate distribution of property including formal requirements governing execution, alteration and revocation of wills; requisite elements of express trusts and requirements for their creation; resulting trusts and constructive trusts; special rules relating to charitable trusts and spendthrift trusts; rules concerning construction of wills and trusts; and general rules governing administration of decedents' estates and trusts. NOTE: For Professor Tritt's fall section, short drafting assignments will be distributed throughout the semester. A special one-credit drafting supplement may be arranged for a small number of students to work with an adjunct instructor on longer drafting projects. (See Writing Supplements description below.)
  • LAW JD 872: Financial Reporting for Lawyers
    Understanding financial statements and reports. The objective of the course is that students will be able to read and understand the four financial statements and the 10-k annual report. Emphasis is placed on understanding the nature and meaning of the reports, as well as the relationship to the underlying transactions. Other topics include: basic accounting principles, US GAAP versus IFRS, financial statement analysis, the relationship of the financial statement information to covenant documents, and accounting gamesmanship. RESTRICTION: Not open to students who have had more than one three-hour college course, or its equivalent, in accounting.
  • LAW JD 873: Civil Procedure
    Examines the structure and function of civil procedure and the requirements of due process of law.
  • LAW JD 874: Advanced Legal Writing and Editing Workshop (S)
    The purpose of this seminar is to provide students with the opportunity to improve their writing, editing and communication skills. Students will prepare a variety of practice related documents based on a single fact pattern. Some legal research will be necessary, but the emphasis will be on writing, not on research. Students will also have the opportunity to edit other students' papers, with the goal of improving their own writing skills. Actors will perform a scenario for the class, from which students will extract the pertinent facts. From this fact pattern, students will draft an inter-office memo, a letter or memo to a non-lawyer client, and a trial or appellate brief. Students will also engage in simulated client interviewing and counseling sessions, as well as a simulated meeting with a supervisor. Students will be graded on the basis of their written work, editing work on their classmate's papers and on their classroom performance. There will be no final exam. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the Upper-class Professional Skills Requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. ENROLLMENT LIMIT: 16 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 876: Property
    Conceptual analysis and underlying policy considerations in basic property law.
  • LAW JD 877: Civil Rights Litigation
    This course is about civil and criminal enforcement of constitutional rights and other federal rights against government officials. The primary focus is on civil rights litigation in federal courts against state officials under the civil rights statutes passed in the wake of the civil war, including 42 U.S.C. § §1983, 1981, 1982 and 1985 on the civil side and 18, U.S.C. §§ 242 and 249 on the criminal side. The criminal segment of the course will be taught by an Assistant United States Attorney in charge of the Public Corruption and Special Prosecutions Unit and the Civil Rights Enforcement Team in the District of Massachusetts. Criminal issues include prosecutions of police officers for violating the civil rights of arrestees and hate crimes. On the civil side, we will examine the rights that give rise to civil rights action and, to a lesser extent, the scope of those rights. The kinds of cases include police brutality, unlawful searches and seizures and discrimination in government jobs. The issues that arise include many statutory questions, such as identification of proper parties to 1983 actions, and judge-make defenses, such as official and state immunities from damages actions and injunctive suits. We will also look at federalism and eleventh amendment limitations on congressional power and federal court remedial power in 1983 actions, although coverage of these issues will not be as thorough as in Federal Courts. The standards for holding local governments liable for damages will also be examined. Our major foray into the substance of constitutional rights will be with regard to the role of state remedies and defendant's state of mind for fourteenth amendment procedural due process violations. We will also look at substantive constitutional rights such as police brutality, medical care for prisoners and detainees, high speed police chases and other similar areas. There will also be some coverage of remedies against federal officials directly under the constitution and remedies against private individuals for civil rights violations. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.
  • LAW JD 878: The Color Line and the Problem of Reparations (S)
    This seminar examines the role of race and ethnicity in American law and social practice from the early colonial period to the present and in the light of that history it considers the possibility of reparations for those affected by slavery and discrimination. It will focus on the experiences of Native Americans, African Americans, Asian Americans Latinos Americans, and some immigrant groups, and will address such issues as the history of reparations, their aims and forms, who might have a valid claim to reparations, and how reparations might reasonably be funded. Readings will include A Different Mirror by Ronald Takaki, Reparations: Pro and Con by Alfred Brophy, and other historical and legal materials. Seminar members will take turns initiating discussion by addressing the issues set for a given seminar meeting. A term paper will be required on an approved topic: a complete and polished draft will be revised in light of comments received. Grades will primarily be based on the final version of the term paper, with consideration given to contributions to seminar discussions. This seminar is open to law students, philosophy graduate students, and advanced philosophy majors. As it originates in the Law School, it will follow the Law School's calendar and time schedule. ENROLLMENT LIMIT: 8 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 880: European Union Law
    The course begins with the legal history of European integration and with an analysis of the institutional foundations of the European Union. Then classes focus on trade within Europe. Students learn about free trade and its many constraints in the Old Continent. This part of the course includes a unit on Competition Law. The course emphasizes the impact of trade and legal harmonization upon culture, human rights and social policies. The study of external relations of the Union follows, with particular attention to US-EU relations.
  • LAW JD 881: Alternative Dispute Resolution
    The goal of this course is to improve your ability to resolve disputes and to productively engage in conflict. In this highly interactive class, students will examine a variety of dispute resolution processes, other than traditional court adjudication, including negotiation, mediation, arbitration, dispute system design and restorative justice. Over the course of the semester, students will engage in a series of exercises (i.e., role-plays) through which they can develop and hone their skills and approaches to dispute resolution. Discussion and short lectures will accompany the exercises, as appropriate. There will be short written assignments (2-3 pages), as well as a longer paper due at the end of the semester. No final exam. ENROLLMENT LIMIT: 18 students. NOTE: This course satisfies the Upper-class Professional Skills requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. RESTRICTION: Students may not enroll in Alternative Dispute Resolution and Negotiation (JD921).
  • LAW JD 882: Immigrants' Rights Clinic: Core Lawyering Skills (C)
    In the seminar portions of the Immigrants' Rights Clinic, the traditional law school classroom is flipped. Students take a leadership role in the weekly seminar through performing simulations, presenting case rounds issues, and participating in facilitated discussion. In additional to an "immigration law bootcamp" class focused on asylum law and representing migrant children, students will develop competencies with classes covering the following topics: Client interviewing and counseling; Oral advocacy, including preparing opening and closing statements, conducing direct examinations and cross examinations, evidentiary foundations, responding to and making objections; Case planning; Legal research; Language access and working with interpreters; Legal storytelling and developing a theory of the case; Affidavit writing; and Professional responsibility.
  • LAW JD 883: Securities Regulation
    This course offers an introduction to federal securities regulation under the Securities Act of 1933 and the Securities Exchange Act of 1934. We will examine how the securities laws shape the process by which companies raise capital through IPOs, public offerings, and private placements. We will also focus on the mandatory disclosure regime for publicly traded companies and the related topics of securities fraud, insider trading, market manipulation, and shareholder voting. We will study core concepts such as the definition of a security and materiality. Finally, we will spend significant time examining the role of the SEC and private shareholder litigation in policing the securities laws. PREREQUISITE/COREQUISITE: Corporations is a corequisite. GRADING NOTICE: This course is NOT offered as CR/NC/H.
  • LAW JD 884: Research and Writing Seminar
    Small-group instruction in legal research and writing, with emphasis on developing legal research techniques, writing abilities, and legal problem-solving abilities. (Required First Year, fall semester.)
  • LAW JD 885: Research and Writing Seminar
    Small-group instruction in legal research and writing, with emphasis on developing legal research techniques, writing abilities, and legal problem-solving abilities. (Required First Year, spring semester.)
  • LAW JD 887: Taxation of Corporations and Shareholders
    Graduate Prerequisites: INTRO TO FEDERAL INCOME TAXATION
    Federal income tax considerations have major implications for planning in the corporate area. This course focuses on income tax issues in transactions between corporations and shareholders, including distributions, exchanges, reorganizations and capital contributions. PREREQUISITE: Introduction to Federal Income Taxation. GRADING NOTICE: This course does not offer the CR/NC/H option.
  • LAW JD 888: Immigrants' Rights Clinic: Adv. Advocacy & Trial Theory (C)
    Advanced Advocacy and Trial Theory In Advanced Advocacy and Trial Theory, students will further develop their Oral advocacy skills in class by participating in multiple mock hearings and portions of simulated trials. They will also learn about custody determinations and "crimmigration," the intersection of immigration and criminal law. Courses will focus on developing students' competencies in the following topics: Witness preparation, including working with lay and expert witnesses; Vicarious trauma (effects and prevention); Factual investigation; Cross-cultural lawyering and implicit bias; Legal advocacy and brief writing; Basic negotiation; Developing Professional roles and identities; and Law and organizing.
  • LAW JD 889: Introduction to Federal Income Taxation
    The income tax is a pervasive feature of life in the United States and lawyers encounter tax issues in virtually every field of practice. This course introduces students to the fundamental principles of the federal income tax, and its impact on a wide range of matters, including employment, tort claims, divorce, retirement, and especially business activities and investments of all types. Topics include: the concept of income, determination of gross income, allowance of deductions and the determination of taxable income, identification of the taxpayer, taxable periods and timing, the determination of gain or loss (including realization and recognition) from dealings in property, the concept of income tax basis, and the process of change in the tax law. GRADING NOTICE: This course does not offer the CR/NC/H option.