Juris Doctor

• LAW JD 974: Civil Litigation Program/Trial Advocacy
  The program also includes a serious classroom component during which you learn the theories of practice for use in the field. Trial Advocacy is taught in groups of roughly 14 students and two clinical professors per group. Half of the classes are devoted to activities and simulations in which you role play with the skills that are taught. Students in the HEFD (section A1) and AHR (section B1) options take Trial Advocacy in the spring. Students in the ERC spring option (section C2) will take Trial Advocacy plus a "bootcamp" in Pretrial Advocacy.
• LAW JD 975: Chinese Law for U.S. Lawyers (S)
  This course is a seminar designed to give students a basic introduction to the structure and function of the legal system of the People's Republic of China (Mainland China) and the topics and legal issues of Chinese law that U.S. lawyers may encounter in practice. Readings will provide exposure to the institutions of the PRC legal system and the relevant basics of its civil, criminal, and administrative dimensions. Specific sessions will include, for example, the various corporate forms available to foreign companies in China, issues of regulatory compliance, the protection of intellectual property, the interpretation of Chinese law by U.S. courts, and the role of Chinese law in human rights debates with consequences for U.S. policy and lawmaking on immigration, labor, and trade. Students will complete a seminar paper on a topic to be approved by the instructor. NOTE: This seminar does not satisfy the Upper-class Writing Requirement. ** 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 980: International Business Arbitration (S)
  Legal dimensions of international business dispute resolution through binding arbitration. Treaty framework for determining validity of arbitration agreement and for recognition and enforcement of arbitral awards (New York Convention, Panama Convention, Washington Convention). Comparative approach (French, English, Swiss, and U.S. legal systems) to the influence of national law on international arbitration. UNCITRAL Model Law. NAFTA Chapter 11 and bilateral investment treaties. Special status of international commercial arbitration in national law. Major arbitral institutions and rules, including ICC, LCIA, AAA and ICSID. State contracts: Act of State and sovereign immunity. Expropriation claims. Delocalization and the influence of the arbitral seat. Arbitral awards as a contribution to lex mercatoria . NOTE: This seminar satisfies the upper-class professional skills requirement. ** 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 981: Criminal Trial Advocacy
  THIS CLASS IS RESTRICTED to 2L students who have applied to and been accepted to start the Criminal Clinic in Spring 2013. Trial Advocacy is a three credit course which will meet once a week for two hours. It will focus on courtroom skills in the context of criminal trial litigation. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.
• LAW JD 982: Criminal Trial Practice I (C)
  THIS CLASS IS RESTRICTED to students who have applied to and been accepted into the Criminal Clinical Program. The Fall section is restricted to 3Ls who will begin the program in Fall 2012. The Spring 2013 section is restricted to 2L students who will begin the program in Spring 2013. (Fall/3L section) Criminal Trial Practice I will meet in the first semester for two hours each week at the law school and will require students to be available one morning a week to be in court, from Monday through Thursday. The classroom component of this course will provide students an introduction to Massachusetts criminal procedure and basic instruction in lawyering skills such as case planning and investigation. Students in the program will be assigned to cases handled by senior members of the Prosecutor and Defender programs and will be expected to conduct tasks out of court such as legal research, fact investigation, witness interviews and preparation. One morning a week, these students will be in court observing and second seating the cases they have helped to prepare. After the completion of this course, students will be assigned to the Prosecutor or Defender component of the clinic and must register for the appropriate section in the following semester. (Spring/2L Section) Criminal Trial Practice I will meet in the second semester for three hours each week at the law school and will require students to be available one morning a week to be in court, from Monday through Thursday. The classroom component of this course will provide students an introduction to Massachusetts criminal procedure and basic instruction in lawyering skills such as case planning and investigation. Students in the program will be assigned to cases handled by senior members of the Prosecutor and Defender programs and will be expected to conduct tasks out of court such as legal research, fact investigation, witness interviews and preparation. One morning a week, these students will be in court observing and second seating the cases they have helped to prepare. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.
• LAW JD 984: Professional Responsibility
  This course offers an approach to the lawyer's responsibilities to clients, the profession, and the public. Topics addressed will be problems of disclosure, conflict of interest, advertising, adversary tactics, competence, attorney fees, and fiduciary duties. NOTE: This course satisfies the upper-class professional responsibility requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 985: Corporate Finance
  Graduate Prerequisites: CORPORATIONS
  This course covers the foundations of corporate finance. It starts with an overview of accounting fundamentals, including basic financial statement analysis. With this background, it then considers the major financial decisions made by corporate managers. Topics include criteria for making investment decisions, portfolio theory, valuation of financial assets and liabilities, relationships between risk and return, market efficiency, capital structure choice, and payout policy.
• LAW JD 986: Legal Writing Fellows
  This class is restricted to students who have applied and been accepted as Writing Fellows for the First Year Writing Program. Accepted students must register for both the fall and spring sections of the class.
• LAW JD 987: Securitization (Structured Financing)
  Securitization is a process which converts illiquid financial assets (e.g., loans, receivables) into liquid and tradable financial assets (securities). After an overview of the financial system we follow the process: creating loans, transferring loans to an entity, choosing the entity (form, possible regulation and tax considerations), distributing the entity's securities, and examining global-cross-border securities. Because the process touches on many legal areas (e.g., banking, securities regulation, regulation of investment companies, corporation, trusts, UCC, bankruptcy, contract, and fiduciary duties) the class offers a high level understanding of the process and awareness of the issues on which it touches, focusing on planning. Students are graded on 2 short papers (up to 10 double-spaced pages) analyzing problems in particular topics related to the materials. Papers should be completed after presentation in class. Teaching book: Tamar Frankel, Mark Fagan Securitization (2008), with discussion topics, problems and role-plays. NOTE: This course satisfies the upper-class professional skills requirement.
• LAW JD 988: Mergers and Acquisitions
  This course will cover the principal legal, tax and business issues of mergers and acquisitions. PREREQUISITE: Corporations or permission of the instructor. NOTE: This course satisfies the upper-class professional skills requirement.
• LAW JD 989: Jessup Moot Court: Problem Solving in International Law
  This course is restricted to students who applied and were accepted as participants for the Jessup Moot Court competition.
• LAW JD 990: Feminist Jurisprudence (S)
  This seminar examines the evolution of feminist legal theory and its critique of the U.S. legal system and its norms. It takes up various debates within feminist jurisprudence and examines its application to many contemporary issues of law and public policy. The seminar provides an introduction to feminist jurisprudence and the various "generations" of such scholarship, as well as its relationship to other forms of legal theory. Students will learn about several prominent strands of feminist legal theory, including liberal (or sameness), relational (or difference), radical (or dominance), Critical Race and anti-essentialist, postmodern, and "Third Wave." We will consider the relationship between feminist jurisprudence and other forms of critical theory, such as Critical Race Theory, Queer Theory, and masculinities theory. The seminar will assess debates within feminist jurisprudence concerning how best to understand gender, the ideals of sex equality and equal citizenship, questions of sameness and difference between women and men, and over whether, in view of differences among women based on class, ethnicity, race, sexual orientation and the like, it is desirable or possible to speak about "women" -- or "men" -- as a meaningful category. Topics covered vary, but will likely include some of the following: legal regulation of sexuality, marriage, reproduction, and family; work/life conflict; employment discrimination (including sexual harassment); political leadership and representation; pornography; poverty and social welfare policy; violence against women; war and military service; international human rights; and the debate over multiculturalism and its impact on sex equality. The format of the seminar is primarily discussion, with some lecturing. The written requirement may be satisfied either by a research paper (which may be used to satisfy the certification requirement) or three shorter papers on assigned questions (which may also be used to satisfy the certification requirement) or a take-home exam. Students will also write several short reaction papers about the readings. **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 991: International Human Rights (S)
  This seminar provides a detailed overview of the substantive and procedural aspects of international human rights law, with a special emphasis on the roles of individual, governmental, and corporate actors on the international plane. Topics may include: * Fundamental rights to freedom, family, and bodily integrity, as well as other rights to health and education, cultural expression, and the like * The emerging intersections between human rights and issues of corporate law, business interests, and the work of corporate lawyers and attorneys in private practice * International and regional human rights instruments and systems, the obligations of states, businesses, and individuals to uphold human rights, and remedies for violations * The use of military force and the doctrines of pre-emptive self-defense and "humanitarian" intervention * International crimes such as genocide, crimes against humanity and war crimes * International terrorism, indeterminate detention and the use of military tribunals for alleged terrorists * The professional and ethical obligations of lawyers with respect to human rights issues There will be some comparative analysis of international and domestic laws and frameworks. A common theme throughout is the intersection of national and international legal norms with the realms of national and international politics, and the extent to which one or the other is better suited to address the serious challenges faced by the international community. Grading: The final grade will be based on a course paper. PREREQUISITE/COREQUISITE: International Law, similar coursework, or permission from the instructor. 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 992: Health Insurance, Health Reform and the Law (S)
  Graduate Prerequisites: HEALTH LAW (LAW JD867) PUBLIC HEALTH LAW (JD 926) OR PUBLIC HEALTH LAW (SPH LW751)
  The seminar examines the pivotal role of insurance in health reform, health policy and the distribution of health care in the US. We explore how the Patient Protection and Affordable Care Act affects the design, operation, and regulation of health benefit plans, as well as the constitutionality of the individual mandate. Investigating arguments for and against specific regulations, we learn fundamentals of insurance and whether reforms affect larger principles of law. We also study Massachusetts, the model for federal health reform, and the comparative advantages of federal and state governance. Students explore the changing roles of insurance in the health system by analyzing and comparing federal and state laws governing different health benefit plans (including indemnity insurance, managed care, consumer choice, and health promotion plans), and how reforms affect current law, including state licensure, Medicare, Medicaid, and the Employee Retirement Income Security Act. Topics include basic concepts of insurance; accepting, managing and shifting financial risk; individual and employer mandates; health insurance exchanges; contracting with providers, employers, and individuals; designing and administering plans; defining benefits; and appeals and remedies. PREREQUISITE: JD 867 (Health Law) or JD 926 (Public Health Law) or LW 751 (Public Health Law at BUSPH) or permission of instructor. NOTE: This seminar satisfies the upper-class professional skills requirement. LIMITED WRITING REQUIREMENT: A limited number of students may elect to use this course to fulfill the upper-class writing requirement with permission of the instructor. ** 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 997: Counseling the Start-up Entrepreneur (S)
  In today's economy new venture attorneys must provide entrepreneurs with timely and appropriate legal advice in an increasingly fast-paced, complicated and competitive environment. In this course, students will learn how to blend practical and theoretical approaches in meeting the needs of the start-up venture. We will examine how to effectively advise clients, who are typically highly committed to their idea, product, innovation or service. We will learn to work with the entrepreneur to identify priorities and develop translatable legal solutions relating to: entity selection; business planning; managerial control; capital development; use of media; property rights and patent concerns; contract negotiations; employment and tax issues; and the examination of potential growth and exit strategies. Through a combination of lectures, readings, case studies, and legal exercises we will examine successful (and some not so successful) examples of critical stage legal decision-making. 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, 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 998: Health Care Transactions (S)
  This course is similar to Deals (JD 904) but centered in the health care sector. Partners, associates and general counsel from leading firms will discuss the deals they were personally involved in. After an introduction to joint venture theory and the regulatory context of health care, everyone in the class examines 2 transactions: a physician recruiting agreement and an ambulatory surgery center JV. The remainder of the course will involve 5 -- 6 complex health care transactions, using actual documents from recent deals. The transactions run the gamut from hospital M&A to biotech licenses. For the transaction you select, you will work in teams to analyze the deal, and will present your conclusions to the lawyers who closed it. Your final project will be a negotiation or drafting assignment drawn from class materials. The course is taught by Dan Roble (partner emeritus, Ropes & Gray, Boston) and Jeff Heidt (partner at Verrill Dana, Boston), based on the course created by Professor Outterson. PREREQUISITES: The course does not have pre-requisites, but Corporations and Health Care are suggested; if you select the biotech transactions, IP and FDA are suggested. NOTES: This seminar satisfies the Upper-class Professional Skills requirement. This seminar does not satisfy the Upper-class Writing Requirement. OFFERING PATTERN: This class is frequently offered in alternating years. 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.