Courses

  • 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, Latino Americans, and some immigrant groups, and will address such issues as whether anyone could have a valid moral claim to reparations, who could be morally liable to support reparations, what forms reparations might reasonably take, and how any justifiable reparations might reasonably be funded. Readings will include Lyons, The Color Line, and other historical and legal materials. A day or two prior to each class meeting, seminar members will submit three to five questions that are suitable for discussion. A term paper is required: a topic must be proposed (which the instructor can aid a seminar member develop) and must be approved; a complete and polished draft of the term paper will be submitted, for comments and suggestions, and a version of the paper that has been revised in light of comments received will be submitted for grading. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this class. LAW ENROLLMENT LIMIT: 10 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 879: Advanced Legal Research
    In this class students will be exposed to how legal research functions in practice. The class will be structured like a legal workplace with students in the role of new attorneys completing research projects for senior attorneys. The research projects will be designed to highlight major legal research tools in both online and print formats. The projects will feature tasks such locating court documents, doing a legislative history, finding agency regulations and guidance, doing state specific research with practice series, researching an unfamiliar area of the law using secondary sources, as well as learning to use Lexis/Nexis, Westlaw and Bloomberg Law in a cost effective manner. Each class will have an assignment and these will include longer projects such as a client letter, a research memo for a supervisor, and a research log for a motion with the motion for the court. The last assignment will be an oral exam where the students must demonstrate their research skills to the instructor. The objective of the class is for students to become comfortable completing simple and complex research in a work setting. NOTE: This class satisfies the Upper-class Professional Skills requirement.
  • 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. This seminar is open to law students, graduate students in International Relations and advanced IR majors. As it originates in the Law School, it will follow the Law School's calendar and time schedule.
  • 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 does not offer the CR/NC/H option.
  • 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 886: Law and Sports (S)
    This seminar will survey a range of legal issues presented by sports in America. There are no pre-requisites. However, students should be prepared to learn and apply basic principles of antitrust law and labor law. Intellectual property law, constitutional law, administrative law, anti-discrimination law, contract law and tort law also will be applied. Topics will include the regulation of the professional sports labor market. The course also will treat the regulation of agent representation of athletes, the regulation of sports franchises and sports leagues, and the regulation of intercollegiate sports, with special attention to the NCAA. Grades will be based on client-directed writing and on oral class participation, including an advocacy presentation. Some students may satisfy the Upperclass Writing Requirement. There is no examination. GRADING NOTICE: This course does not offer the CR/NC/H option. 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 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.
  • LAW JD 890: National Security & Foreign Relations Law
    This course will introduce the framework of constitutional, statutory, and international law that both authorizes and constrains the conduct of U.S. national security policy. After studying the constitutional allocation of foreign affairs powers among the branches of government and the foundations of the national security apparatus in the United States, the course will turn to selected topics of contemporary relevance, including but not limited to counter-terrorism policy. Specific topics will include the role of international law in the U.S. legal system; intelligence methods, data gathering, and surveillance; covert action; domestic and international law governing recourse to force and the conduct of hostilities; the detention, interrogation, and trial, before courts and military commissions, of unprivileged belligerents and other terrorism suspects; debates over extraordinary rendition and torture; and the protection of individual liberties and civil rights in wartime.
  • LAW JD 891: Historic Preservation (S)
    Historic Preservation Law is an interdisciplinary seminar that will explore legal issues encountered in the preservation, conservation and management of historic buildings, neighborhoods, and districts. In lieu of a traditional exam or term paper, students will engage in field research and investigation of real community projects as part of semester long case studies, where they will work with lawyers, government officials and grass-roots advocates involved with the projects. Students will work with teams of other students on these projects, and each team will make a formal presentation to the class at the end of the semester. The relative utility of traditional legal techniques (such as land use planning devices, transfer of development rights, zoning, easements, revolving trusts, leasehold covenants and financing) will be carefully analyzed; the policies and impact of federal, state and local laws, including federal historic tax credits and the Community Preservation Act in Massachusetts, will be examined; and possible new approaches will be considered. By incorporating students from related disciplines into the seminar, it is hoped that the interface of law, economics, planning, design review, and the architectural discipline will enable the problems to be analyzed from a variety of perspectives reflecting a client?s and a community?s practical concerns. NOTE: This seminar satisfies the Upper-class Professional Skills requirement. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. **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 892: Torts
    Principles of civil recovery for injury, including strict liability, negligence, and the intentional torts, with emphasis on the social, economic, and moral underpinnings of the doctrines.
  • LAW JD 893: Research and Writing Seminar
    This two-credit Legal Research and Writing seminar is required for LL.M. students in the American Law program and optional for students in the LL.M. programs in Banking and Financial Law and Taxation. It is specifically designed to introduce foreign lawyers to the basic principles of American legal writing. In small class settings and individual conferences, students receive guidance on drafting and editing memoranda and agreements. Their work is critiqued and rewritten. The research component of the seminar trains students to locate cases, statutes and secondary material through indexing systems and the latest computer technology. Research assignments are integrated into writing assignments -- exposing students to the methods of US legal analyses -- so that by the end of the term, students obtain the skills needed to write memoranda appropriate for submission to US law firms.