Courses

  • LAW JD 894: Trial Advocacy
    Graduate Prerequisites: EVIDENCE
    This course introduces the student to the structure of the trial process and the skills used by trial lawyers. The topics covered range from opening statements to closing arguments, including conducting direct and cross examination of witnesses, making and meeting objections, introducing documents and discovery into evidence, and using hypothetical questions with expert witnesses. Students must perform simulated exercises and will try one or more civil or criminal cases before a jury. Visit the web for more information on the instructors. PREREQUISITE: EVIDENCE. Students taking TRIAL ADVOCACY in the second semester of their third year may take EVIDENCE as a COREQUISITE. Students who have taken part in a clinic may not subsequently enroll in Trial Advocacy. GRADING NOTICE: This course does not offer the CR/NC/H option. NOTE: This class satisfies the Upper-class Professional Skills requirement. ** A student who fails either to attend the initial meeting of a section of Trial Advocacy, or to obtain permission to be absent from either the instructor or the registrar, WILL BE administratively dropped from the section. Students who are on a wait list for a section are required to attend the first section meeting to be considered for enrollment.
  • LAW JD 898: Criminal Trial Practice II/Defenders (C)
    THIS CLASS IS RESTRICTED to 3L students who have applied to and been accepted into the Criminal Clinical Program and who will begin the program in Fall 2016. This course will meet in the second semester for those students who have completed Criminal Trial Practice I. Students in the Defender Program will be assigned to represent indigent defendants charged with criminal offenses in either the Boston Municipal Court or the Boston Juvenile Court. In both locations, the students will act as defense counsel under the supervision of a clinical professor. The work in court will provide students with exposure to lawyering experiences such as investigation, interviewing, counseling and trial advocacy. Primary emphasis is on the development of trial skills, and students will spend the first part of the semester acting as defense counsel in misdemeanor cases of increasing complexity. Later in the semester, representation in felony cases is possible, as well as exposure to a number of other aspects of the criminal justice system. At all times, of course, case assignments are based upon an individual assessment of a student's progress and demonstrated competence. Students in the Defender Program must be available to be in court two days a week, from Monday through Thursday. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.
  • LAW JD 899: Criminal Trial Practice II/Prosecutors (C)
    THIS CLASS IS RESTRICTED to 3L students who have applied to and been accepted into the Criminal Clinical Program and who will begin the program in Fall 2016. This course will meet in the second semester for those students who have completed Criminal Trial Practice I. Students in the Prosecutor Program will act as prosecutors in the Quincy District Court, for the Norfolk County District Attorney's office. The students will have responsibility for all aspects of the cases they are assigned, under the supervision of the clinical professor. Students will be exposed to a wide variety of experiences, including investigation, interviewing and trial advocacy. Students will spend the first part of the semester representing the Commonwealth in misdemeanor cases of increasing complexity. Later in the semester, representation in felony cases is possible, as well as having an opportunity to appear before a six-person jury session. At all times, of course, case assignments are based upon an individual assessment of a student's progress and demonstrated competence. Students in the Prosecutor Program must be available to be in court two days a week, Monday through Thursday. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.
  • LAW JD 900: The Economics of Intellectual Property Law (S)
    This seminar will explore the economics of intellectual property law. There are no prerequisites. The readings for the seminar will consist of Cass and Hylton, Laws of Creation (2013), and several cases and articles. The seminar will emphasize understanding the policy justifications for the major doctrines in intellectual property. The topics studies will include patent law, copyright law, trademark law, trade secret law, and the intersection of antitrust and intellectual property. ENROLLMENT LIMIT: 14 students. GRADING NOTICE: This class will 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 901: Appellate Advocacy Program Director
    This class is restricted to third-year students who applied and were accepted as directors of the BU Law Moot Court programs (Esdaile, Stone and Albers). NOTE: This class satisfies the Upper-class Professional Skills requirement.
  • LAW JD 903: Supreme Court 2016 Term: Criminal Law, Criminal Procedure and Habeas Cases (S)
    This course will focus on criminal procedure and criminal law cases that are currently on the docket of the Supreme Court. Each week, the class will read a substantial amount of materials in preparation for one case, including its lower court opinion, the briefs from each party, two sets of amicus briefs, and a Supreme Court opinion drafted by a member of the class. Students will also be expected to read the most significant Supreme Court precedents involving each case. Prior to each class session, each student will be responsible for writing a 3-5 page memo critiquing the readings of the week. Students will also be responsible for drafting one 20-25 page Supreme Court opinion to be distributed to and discussed by the class. Criminal Procedure is not a prerequisite for this course. ** 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 904: Law of Consumer Markets (S)
    Understanding the laws governing consumer transactions is relevant not only to our daily lives but also to many careers in the law. Why do consumer laws matter for societal issues such as racial and income inequality? How can government agencies best promote compliance while minimizing burden to businesses? How should leaders of consumer corporations navigate a heavier regulatory era? This seminar will examine consumer laws from three main perspectives: the businesses that must comply with regulations; the agencies--such as the Consumer Financial Protection Bureau and the Federal Trade Commission--that write or enforce rules; and the consumers who purchase over $10 trillion in goods and services annually. NOTE: This seminar does not satisfy the Upper-class Writing Requirement. GRADING NOTICE: This course will 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 905: Entertainment Law (S)
    This seminar will focus on the varied legal doctrines that influence both the business and practice of Entertainment Law. Some of the primary topics include issues involving publicity rights and the use and control of image, celebrity and promotion issues, defamation and free speech, invasion of privacy, copyright including infringement and dispute and other general contractual relations surrounding the entertainment field. The course will also explore the practical aspects of entertainment law such as complicated litigation issues involving jurisdictional and venue concerns, client counseling and negotiations and other ethical concerns raised in the course of representation of your client. This course will not focus on sports entertainment or any other specific labor-related organizations. There will be no final exam. Grades will be based upon papers and class participation. 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. ENROLLMENT LIMIT: 18 students. 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 907: Representing Life Sciences Companies: Biotechnology, Pharmaceuticals and Medical Devices (S)
    Biotechnology and Pharmaceuticals are two of the fastest growing industries in the U.S., and the legal issues that arise in connection with representing them are complex and evolving. This seminar will focus on the transactional, intellectual property, and regulatory legal issues that challenge lawyers working with clients in these industries. We will begin with an overview of these industries, including a basic review of the sciences underpinning them (intended for non-scientists). We will then delve into complex legal issues such as licensing, collaborations, and consortium building; academic-industry interactions; the drug and biologic regulatory approval process; issues arising in clinical trials; and legal issues arising in the manufacture and distribution of life sciences products. If time permits, we will also examine the medical device industry and the ways in which that industry differs from the biopharmaceutical industry. In lieu of an exam, students will prepare a 25 page, journal-worthy article addressing a legal topic of the student's selection. PREREQUISITE: No scientific background will be required, but students will benefit from prior or contemporaneous coursework in intellectual property. 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. NOTE: This seminar satisfies the upper-class professional skills requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class is 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 (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 908: Judging in the American Legal System (S)
    This seminar explores the professional role of judges, both state and federal, in our American legal system. It invites analysis of the distinctive features of our judiciary, its multiple roles in legal determinations under stare decisis, in statutory interpretation, in fact finding (both at trial and in other contexts), in the many interactions with the direct democracy of the American jury, in administration and case management, and in contacts with the legislative and executive branches. 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, 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 909: LLM Moot Court/Persuasive Advocacy
    This class will introduce LL.M. students to appellate advocacy, both written and oral. To introduce students to persuasive writing -- a critical lawyering skill, applicable to a range of legal practice settings -- students will first draft a motion and memorandum in support thereof. Students will then draft an appellate brief and participate in an oral argument based on that brief. Students will write multiple drafts of each written assignment and will have the opportunity to meet with the instructor to discuss these drafts. The oral arguments will give students an opportunity to develop their speaking and presentation skills in simulated court setting. For students considering transferring into the J.D. program, this course will satisfy the J.D. Moot Court requirement.
  • LAW JD 913: Criminal Trial Practice II (C)
    THIS CLASS IS RESTRICTED to 3L students who started the Criminal Clinic in Spring 2015. Criminal Trial Practice II will consider advanced issues in criminal practice, such as motions to suppress and sentencing advocacy. In conjunction with their class work, these students will be assigned to either the Prosecutor or Defender component of the clinic. Each student will be expected to devote at least two mornings a week to their work in court. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.
  • LAW JD 914: Entrepreneurship & IP Clinic Seminar 1
    Graduate Prerequisites: INTRO TO FEDERAL INCOME TAXATION
    The Clinic also includes a classroom component which is integrated with the client work and examines lawyering skills related to corporate, transactional and IP practice, including interviewing, strategic planning, counseling, negotiation and drafting; discusses professional roles and ethical issues; and explores substantive law topics, including choice of entity, equity structure and compensation, financing options, immigration and tax considerations confronting start-ups, and intellectual property.
  • LAW JD 915: Entrepreneurship & IP Clinic Seminar 2
    The Clinic also includes a classroom component which is integrated with the client work and examines lawyering skills related to corporate, transactional and IP practice, including interviewing, strategic planning, counseling, negotiation and drafting; discusses professional roles and ethical issues; and explores substantive law topics, including choice of entity, equity structure and compensation, financing options, immigration and tax considerations confronting start-ups, and intellectual property.
  • LAW JD 917: Constitution & Foreign Affairs (S)
    This seminar will examine how the constitution is implicated in U.S. foreign affairs. We shall begin by reviewing the main theories of foreign affairs: idealism, realism, multilateralism, bilateralism and more. Then and throughout the seminar we shall attempt to understand how these theories are manifested in American constitutional law. We shall ask how the structure and substance of the constitution of the United States affect the national decision making process concerning foreign policy. We shall address matters of international business, war and peace, federalism, human rights, freedom of expression and more. The respective powers of the executive and legislative branches, the power of the senate vs. the president and the Senate vs. the House of Representatives will be examined. We shall emphasize judicial opinions, but also look at other materials. ** 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 919: Negotiated Mergers & Acquisitions (S)
    This seminar introduces students to the principal business and legal issues found in and raised by mergers and acquisitions transactions and highlights the significant role that lawyers play in structuring, managing and effecting these complex transactions. The seminar will begin with an overview of how and why mergers and acquisitions take place. The course will then cover the mergers and acquisitions process, including deal-making strategies the corporate law affords, and will proceed through all aspects of the life of an M&A deal from inception to closing (and beyond). The seminar will cover how M&A lawyers negotiate and document the inherent risk allocations of business combinations. We will examine deal terms and structures, risk defining and shifting devices, and the role of the lawyer in managing the process. We will also highlight the due diligence process, stockholder relationships, fiduciary duties and securities laws considerations, and liquidity considerations. Theoretical readings will be balanced against practical articles and commentary, recent court decisions and model deal documents. The assigned reading will include materials from real deals and transaction documents. Students are encouraged to analyze and discuss the real-world problems faced by parties, legal counselors and courts called upon to judge such transactions. The seminar will be highlighted by guest lectures by experts in international M&A and Delaware jurisprudence. Students will be required to participate in mock negotiations/discussions. In addition, there will be a short final exam. Grades will be based on class participation and written materials (70%), which may include required email submissions prior to class and mock negotiations/discussions during class, and a final exam (30%). PREREQUISITE: Corporations. (May be waived with an instructor's permission.) NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the Upper-class Professional Skills requirement. **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 920: Issues in Criminal Justice
    This seminar will explore issues which the students encounter in the cases which they litigate. The seminar will discuss the role of the parties in the criminal justice system and institutional problems that play a recurring role.
  • LAW JD 921: Negotiation
    The goal of this course is to improve your effectiveness as a negotiator. In this highly interactive class, students will examine negotiation from a variety of perspectives and learn specific negotiation strategies and tactics. Over the course of the semester, students will engage in a series of negotiation exercises (i.e., role plays) through which they can develop and hone their negotiation skills and approaches. Discussion and short lectures will accompany the role-plays, 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. NOTE: This course satisfies the Upper-class Professional Skills requirement. GRADING NOTICE: This seminar does not offer the CR/NC/H option. RESTRICTION: Students may not enroll in Negotiation and Alternative Dispute Resolution (JD881).
  • LAW JD 923: Criminal Trial Practice/Professional Responsibility
    THIS CLASS IS RESTRICTED to 3L students who started the Criminal Clinic in Spring 2016. The course will focus on ethical issues that arise in the context of criminal trial litigation. NOTE: This component satisfies the School of Law's Professional Responsibility requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
  • LAW JD 924: Legal Externship Program: Fieldwork (C)
    The Legal Externship Program is a one semester clinical program where students work for credit at a public interest, for profit company, judicial or government organization. Through the program, students gain hands-on legal experience under the supervision of practitioners who are experts in their fields. Students receive variable credits (pass/fail) for the fieldwork component of the externship, determined as follows: 3 credits = 150 hours total; 4 credits = 200 hours total; and 5 credits = 250 hours total. The student's schedule and hours are determined in consulation with the placement supervisors. Some placements require 250 hours. The fieldwork begins the first week of classes and students work through the last week of classes. Students may not begin the fieldwork before the semester begins. Upon acceptance, the Clinical Programs Office 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. Although there are no formal prequisites, some classes are highly recommended. For any litigation-based placement, you should have taken Evidence. For any criminal placement, in particular the criminal division of the US Attorney's Office, you should have taken Criminal Procedure. Additionally, you should take any other substantive law class that will help you understand the law related to your placement. For example, if you want to work at an environmental placement, you should take an environmental law class. COREQUISITE: Legal Externship Program: Legal Ethics (JD 925).