Juris Doctor

  • LAW JD 797: Law and War: Contemporary Issues (S)
    Does law continue to operate in times of war? This seminar will examine the knotty legal questions underlying current wartime debates, with a primary focus on modern conflicts facing the United States in the post-9/11 era. A complex architecture of international and domestic law governs states and state actors during wartime. Evolving threats, new technologies, and domestic politics have tested these legal frameworks, and the domestic and international laws of war continue to adapt to challenges to their relevance and viability. Topics for discussion may include, among others: Guantanamo detention, targeted killing and drones, interrogation and torture, humanitarian intervention in conflicts like those in Libya and Syria, and the scope of the U.S. President's constitutional and statutory authority to wage war. NOTE: This seminar does not satisfy the Upper-class Writing Requirement. RECOMMENDED COURSES: International Law. GRADING NOTICE: This seminar 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 800: Local Government Law
    Local governments are considered the closest and most responsive form of government to the people. They are designed to create cities and towns that reflect the ideal of the residents' view of the ideal community. When all local government entities are taken into consideration, there are approximately 89,000 local government units in the country - including counties, municipalities, townships, special districts and school districts. Where do they get their powers? What are the limits? What should be the limits? This course provides a study of the law governing the powers and duties of local governments, mainly municipal corporations such as cities and towns. We look at the sources of municipal powers, the limits on those powers, the relationship between municipalities and the state including the relationship between state and local law, and the formation and expansion of municipalities. An important subject of study involves looking at various models of the relationship between the municipality and the state including home rule. We will also look at some issues in municipal finance and zoning power. Where possible, this course will focus on the intersection of local government law and important current events both locally and nationally. 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 802: Food, Drug and Cosmetic Law (S)
    This seminar examines the Food and Drug Administration as an administrative agency combining law and science to regulate activities affecting public health and safety. Topics include testing and approval of pharmaceuticals and medical devices; food safety and nutritional policy; biologics and biotechnology regulation; cosmetic regulation; pricing of and reimbursement for drugs and devices; global aspects of pharmaceutical regulation, US and foreign patent issues, and FDA practice and procedure; jurisdiction and enforcement. A writing project involving research on food and drug issues will be required. RECOMMENDED COURSES: Intellectual Property, Administrative Law & Health Law. ** 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 803: Bankruptcy & Creditors' Rights
    This course focuses on corporate reorganization and corporate finance. We will study the legal requirements for reorganization plans under Chapter 11 of the Bankruptcy Code, as well as the use of going concern sales outside of Chapter 11. We will study important doctrinal issues relating to reorganization of corporate groups, including substantive consolidation and equitable subordination. We will investigate avoidance actions in bankruptcy, including preferences and fraudulent conveyance, and the treatment of pre-bankruptcy contracts. Other topics include the financing of corporate debtors in bankruptcy and workouts and duties to creditors outside of bankruptcy. Finally, we will also introduce and ultimately master some basic tools of corporate finance--present value, expected value, and risk and diversification. GRADING NOTICE: This class will not offer the CR/NC/H option. PREREQUISITE: Business Fundamentals. PREREQUISITE/COREQUISITE: Corporations.
  • LAW JD 804: American Legal History
    Selected topics in 19th- and 20th-century U.S. legal history. We will first explore the role of the legal profession in four public controversies: the authority of English common law after the American Revolution, slavery and racism, women's rights, and organized labor. We will then turn our attention to various methodologies for interpreting legal change: formalism, realism, law and economics, critical legal studies, and feminist jurisprudence. Readings (which will be plentiful) are drawn from primary sources (cases, speeches, and treatises) and secondary literature (articles and books). Students can either write a research paper or complete a take-home examination. Research papers may, but need not, fulfill the Writing Requirement.
  • LAW JD 805: Secured Transactions
    Many commercial and consumer financing transactions involve the creation of security interests in the borrower's personal property that are akin to mortgages of real property. (Indeed, much commercial activity involves the grant of a UCC Article 9 security interest, and the economic system depends on Article 9 to provide much of the law against which modern commerce takes place.) In a secured transaction, in the event of the borrower's default, the lender can foreclose on the collateral subject to the security interest to help liquidate the debt. While simple to describe, secured transactions and the rules that govern them can be complex. This course covers the basic secured transaction governed by Article 9 of the UCC. Topics covered will include creation and perfection of security interests, priority contests, and default. The course is an excellent precursor to Bankruptcy and often helpful when sitting for the bar exam. GRADING NOTICE: This course does not offer the CR/NC/H option. PRE-REQUISITE/CO-REQUISITE: Business Fundamentals
  • LAW JD 806: Prosecutorial Ethics (S)
    Former U.S. Supreme Court Justice Robert Jackson once noted, "The prosecutor has more control over life, liberty, and reputation than any other person in America." This seminar examines the unique role and power of prosecutors in the United States and their responsibility to ensure "that guilt shall not escape or innocence suffer." We will study the ways in which a prosecutor exercises discretion -- in deciding what charges to bring (or whether to bring them at all), in conducting trials, in recommending punishment -- and the ethical and practical considerations that affect those determinations. What duty does the prosecutor owe to the victim? To the police? To the public at large? How might their interests conflict with prosecutors' objectives and impact their decisions? A major focus of this course will be the prosecutor's obligations to the accused and the various ways in which they are breached. We will examine the potential consequences of prosecutorial misconduct, the instances in which it may or may not be remedied, and to what extent it can be deterred. Students will engage in mock disciplinary hearings, playing the role of bar counsel in bringing allegations of misconduct or defending prosecutors against such claims. Throughout the semester we'll refer to the ABA Model Rules of Professional Conduct, Model Code of Professional Responsibility, and other rules that govern the conduct of all lawyers while scrutinizing others that bind prosecutors but not defense attorneys. Other topics to be covered include the relationship between the prosecutor and the grand jury, conflicts of interest, selective prosecution, trial misconduct, prosecutorial immunity, mandatory minimum sentences, the use of confidential informants and cooperating witnesses, discovery of exculpatory evidence, post-conviction obligations and wrongful convictions. Our study will draw heavily from historical events such as the Duke Lacrosse rape allegations, the Clinton/Lewinsky and other political scandals, and the prosecutions of O.J. Simpson and other celebrities, as well as more recent events such as the Boston Marathon bombing, the Dookhan drug lab scandal, and the deaths of Trayvon Martin, Michael Brown, Freddie Gray, Eric Garner and Tamir Rice. NOTE: This seminar does not satisfy the Upperclass Writing Requirement. This seminar satisfies the Professional Responsibility requirement. While there are no required prerequisites for taking this course, students should be prepared that some basic principles of Criminal Procedure, Evidence, and Trial Advocacy will necessarily be a focus of some of our discussions. 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 807: Business Immigration
    This course will provide an overview of business immigration law, with a particular focus on how various federal administrative agencies are engaged in shaping a complex, multidisciplinary immigration law ecosystem for employers. In addition to a substantive overview of nonimmigrant and immigrant visa classifications throughout the course, we will explore how immigration laws are informed by, and overlap with, other key areas such as corporate and securities law, employment and labor law and tax law. Topics will include entity formation of new businesses; visa challenges in entrepreneurship; immigration obstacles faced by multinational businesses; immigration consequences of mergers and acquisitions; the intersection of business immigration with employment laws; enforcement trends targeted at employers; and the role of the IRS and tax laws in business immigration. We will also briefly review administrative law basics, explore the parameters of executive power in shaping business immigration law, and examine the plenary power of the President over immigration. Throughout the course, we will discuss how debates about outsourcing, unemployment and national security, among others, inform a complex national discussion about business immigration. We will also identify, examine and discuss core professional responsibility issues that arise in business immigration practice. There are no prerequisites for this course. There is no writing requirement, but there will be weekly quizzes and a final examination. Class attendance and participation are essential. NOTE: This class satisfies the Upper-class Professional Skills requirement.
  • LAW JD 808: Corporate Governance: Current Trends
    This course will cover key aspects of and issues in the field of corporate governance. While basic concepts and principles of corporate governance will be addressed, including the relevant legal framework and the roles of different players and constituencies such as Boards of Directors, management and shareholders, the emphasis will be on current trends and developments in this important and rapidly evolving area. The course will include lectures and in-class discussion of assigned readings, as well as simulations and role-playing exercises intended to present students with "real-world" situations faced by practitioners in the corporate governance field. Homework assignments will focus substantially on recent experiences of U.S. public corporations. Readings will include current articles, whitepapers, issuer, investor and proxy advisor policies, representative SEC filings and website postings. We will also study relevant statutes, SEC rules, case law and commentaries. Drafting assignments will include sample client memos, website and proxy disclosure, press releases, position statements and written presentations to Boards of Directors. There may also be some reaction papers. Certain of the assignments will require online research about a publicly held U.S. corporation that you will select (from a list of companies provided) at the beginning of the term. Some of the assignments will be done in teams. For some of the classes, we will have governance experts representing multiple constituencies as guest instructors. The course grade will be based on research and drafting assignments, contributions to in-class activities and thoughtful participation in class discussions. CLASS SIZE: Limited to 12 students. PREREQUISITE: Corporations. NOTES: This class satisfies the 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 809: Learning From Practice Externship (C)
    This CLASS IS RESTRICTED to students who have received permission from the Office of Experiential Education to enroll. Students receive credit for working in the legal department of a non-profit, government agency, private company, or at a law firm (working on pro bono projects only). Placements may be paid or unpaid. Students may find their own placements that must be approved by the Office of Experiential Education, or the Office has resources to help students identify and apply to suitable field placements based on their interests and career goals. NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement. COREQUISITE: Learning from Practice: Seminar (JD 771).
  • LAW JD 810: Constitutional Law
    Considers selected issues concerning judicial review, federalism, separation of powers, and individual rights.
  • LAW JD 812: Contracts for LLMs
    This course will use the case method to examine legal and equitable remedies for enforcing contracts, determining what promises are enforceable, elements of assent, standards of fairness and restrictions on bargaining process, and tests for performance and breach. Designed for students preparing to sit for the bar, this course will focus on those areas emphasized on the multi-state, New York, and Massachusetts bar exams. GRADING NOTICE: This class will not offer the CR/NC/H option.
  • LAW JD 813: Contracts
    Legal and equitable remedies for enforcing contracts, determining what promises are enforceable, elements of assent, standards of fairness and restrictions on bargaining processes, and tests for performance and breach
  • LAW JD 814: Family Law
    McClain: This course offers a survey of family law, including case law, statutory law, and the constitutional limitations on regulation of the family. An aim of the course is to introduce students to family law as a dynamic field of law concerning a basic social institution: the family. Family law is a foundational course relevant to many areas of law practice. Students will gain knowledge about how family law intersects with many other fields of law, such as contracts, constitutional law, conflicts of laws, criminal law, property, tax, torts, and trusts and estates, as well as how family law draws on the social sciences. Students will be introduced to the role of negotiation, mediation, and other forms of dispute resolution in the practice of family law. The course will focus on marriage, nonmarital families, divorce, pathways to becoming a parent, and the parent-child relationship. Topics include defining and regulating marriage; formal and informal marriage; cohabitation and alternatives to marriage (such as domestic partnerships); common law incidents of marriage and transformation of the common law; domestic violence; traditional and "no fault" divorce; property division; spousal support; child support; child custody; and regulating parenthood. There will be a final examination. There will also be one short paper and an in-class skills exercise, which will contribute to the final grade. Silbaugh: This survey course will provide an introduction to the legal regulation of the family. The course will focus on the legal regulation and response to both adult and adult-child relationships. Topics covered will include: cohabitation; marriage; civil union; divorce and dissolution of relationships; the financial consequences of divorce including property division and alimony; premarital agreements; the laws governing non-marital relationships; family mediation; child custody, visitation, and parenting plans; child support; paternity; assisted reproductive technologies; and adoption. The course will also cover the interaction between families and the state in related areas of law including employment law and education law. There will be a final examination as well as in-class drafting and negotiation exercises. GRADING NOTICE: This class does not offer the CR/NC/H option.
  • LAW JD 815: Corporations for LLMs
    Course about the legal structure and characteristics of business corporations. Topics include the promotion and formation of corporations; the distribution of power between management and shareholders; the limitations on management powers imposed by state law fiduciary duties and federal securities laws; shareholder derivative suits; capital structure and financing of corporations; and fundamental changes in corporate structure, such as mergers and sales of assets. The course serves as a PREREQUISITE to advanced courses. GRADING NOTICE: This class will not offer the CR/NC/H option.
  • LAW JD 816: Corporations
    Marks, Tung and Walker: Course about the legal structure and characteristics of business corporations. Topics include the promotion and formation of corporations; the distribution of power between management and shareholders; the limitations on management powers imposed by state law fiduciary duties and federal securities laws; shareholder derivative suits; capital structure and financing of corporations; and fundamental changes in corporate structure, such as mergers and sales of assets. The course serves as a prerequisite to advanced courses. PREREQUISITE: Business Fundamentals. GRADING NOTICE: The CR/NC/H option is only offered in Professor Marks's section. Ellias: This course is an introduction to the basic legal rules and principles governing corporations. We examine three basic problems: (1) conflicts between a firm's managers and its owners (the shareholders); (2) conflicts between shareholders; and (3) conflicts between shareholders and creditors. We examine the costs associated with these conflicts and how markets, legal rules, and contracts might reduce them. This is a foundational law school course that provides the fundamental knowledge of business and finance needed for upper level classes. No prior knowledge of business or finance is expected. PREREQUISITE: Business Fundamentals. GRADING NOTICE: This class does not offer the CR/NC/H option.
  • LAW JD 817: Human Trafficking Clinic: Adv. Advocacy Seminar (S)
    THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. In this seminar, students will further develop their trial advocacy and client counseling skills by participating in multiple simulations and a mock hearing. They will learn about comparative models to address human trafficking, and the challenges of a criminal justice framework to solving complex social problems. The course will focus on the lawyer's role in anti-trafficking work, given: (1) converging areas of law; (2) the emerging multi-disciplinary nature of legal work; and (3) tensions among the role of the client as both victim and defendant. Courses will focus on further developing students' competencies in the following areas: (1) strategic planning and decision-making; (2) client interviewing and counseling; (3) trial advocacy; (4) leadership and innovation; and (5) professional responsibility. Classes will focus on a wide range of topics, including: (1) oral advocacy; (2) direct and cross examination; (3) accompaniment and survivor-led advocacy; (4) legal advocacy and brief writing; (4) legislative advocacy; and (5) developing professional roles and self-care. NOTE: The Immigrants' Rights and Human Trafficking Program satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
  • LAW JD 819: Criminal Procedure: Comprehensive
    This course examines basic issues in criminal procedure that cut across the investigative and adjudicative stages. We will consider how the Constitution shapes the criminal justice system in the courtroom in areas such as the concepts of the presumption of innocence and proof beyond a reasonable doubt, the right to counsel, grand jury requests for the production of evidence, plea bargaining and the application of the Exclusionary Rule seeking to suppress evidence the police obtained in violation of the Constitution. We will also study the limits the Constitution places on the power of the police in the areas of interrogation, searches, seizures of property and stop and arrest, paying particular attention to the issue of racial profiling. RESTRICTION: Students may not enroll in this section and Criminal Procedure (JD821) or Criminal Procedure: Adjudicatory (JD820).
  • LAW JD 820: Criminal Procedure: Adjudicatory Process
    This course examines the procedures and institutions involved in adjudicating the fate of an accused after arrest. Topics include such matters as the right to counsel, charging by grand jury and otherwise, prosecutorial discretion and plea bargaining, discovery, double jeopardy, trial practice (including the right to a jury trial, the right to confront witnesses, the meaning of "proof beyond a reasonable doubt", etc.), evolving practices in sentencing, and criminal appeals. RESTRICTIONS: Enrollment is limited to students who have not taken and are not currently enrolled in Rossman's Criminal Procedure (JD 819). Students who have taken or who are enrolled in Maclin's Criminal Procedure (JD 821) are permitted to take this course.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 821: Criminal Procedure: Investigatory Process
    This course covers search and seizure, the privilege against self-incrimination, confessions and the rights to counsel during custodial police interrogation. In general the course will examine the constitutional law in cases arising out of the conflict between police practices and the Bill of Rights. RESTRICTION: Students may not enroll in this section and Criminal Procedure (JD819).