Juris Doctor

  • LAW JD 793: Trade Secrets and Restrictive Covenants
    This course will examine the theory, practice, and interrelationship of trade secret law and the law of restrictive covenants, including laws governing the use and enforceability of noncompetition agreements. We will explore what a trade secret is, what it is not, how it differs from other types of intellectual property, and how something secret can constitute protectable property. We will investigate how trade secrets can be misappropriated, including misappropriation through one's memory; whether and in what circumstances trade secrets will be protected, including through the use of noncompetition agreements, nondisclosure agreements, and other restrictive covenants; the other purposes served by those agreements; and the strengths and weaknesses of the various laws governing the protection of trade secrets and the use of restrictive covenants. Depending on class interest and time, we may discuss related issues such as the current debate over the use of noncompete agreements and their putative effects on innovation. NOTE: This course 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.
  • LAW JD 794: Bankruptcy Practice: Chapter 11 Reorganizations and Sales of Businesses (S)
    This seminar will examine Chapter 11 from the point of view of attorneys for all participants in the process. It is designed to provide the student with knowledge of the uses of Chapter 11, the parties involved in a Chapter 11 proceeding, the substantive law governing Chapter 11 and the Plan of Reorganization process. This seminar will explore the increasing use of Chapter 11 as a vehicle to accomplish the sale of insolvent businesses, the "cram down" of creditors to accomplish confirmation of Plans of Reorganization, executory contracts including those dealing with real estate, equipment and intellectual property and alternatives to Chapter 11. Also to be considered are the impact of changes in judicial, legislative and societal attitudes on the restructuring process. The material will consist of important cases and articles on the subjects to be discussed. Grades will depend primarily on one (1) research paper which will be required of each student. Grades will be adjusted to account for class participation. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the 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 795: E-DISCOVERY LAW & PRACTICE
    The Electronic Discovery Reference Model, or EDRM, sets out the basic work steps required to move Electronically Stored Information, or ESI, from its original location on a client's computer systems, through Identification, Preservation, Collection, Processing, Review, Production, Analysis and Presentation in a legal setting. Each step along the EDRM has both legal standards set out in statutory and case law, as well as best practices for how to implement those standards in practical work plans. This course will address both the legal requirements and practical work required to move data from its natural habitat into a legal action. In other words, we will address the law and practical steps required for civil ediscovery. In addition to class lecture and discussion, this course will include in class exercises where the students will form work groups and apply ediscovery law to hypotheticals, and work together with technical tools, with the assistance of visiting ESI technical specialists. Extra credit opportunities will also be available. Topics will include: Creating and Implementing a Litigation Hold; Identification and Preservation of Electronically Stored Information; Jurisdiction and Venue law as applied to internet evidence sources; Discovery of Cloud Evidence under the Stored Communications Act; Technology Assisted Review (TAR); eDiscovery Depositions under FRCP/MRCP 30(b)(6); Discovery of ESI located abroad in Europe or Asia; Discovery of Databases. NOTE: This course satisfies the Upper-class Professional Skills requirement. GRADING NOTICE: This class does not offer the CR/NC/H option.
  • LAW JD 798: Administrative Rule Making in Health Law (S)
    In this class, you will directly participate in the administrative rule making process with a federal or state agency. Within the broad parameters of health law, you will select the agency, rule, and position you choose to advocate. Your comment letters will be read by lobbyists and lawyers for the government agency, who are required to take your views into account. Relevant agencies include CMS, HHS, FDA, USDA, FTC, VA and USTR. We will also explore some of the theoretical foundations and alternatives to this process. This class satisfies the upper-level writing requirement and the professional skills requirement. Your writing will be the actual comments letters and supporting documents that you file with the agency. RECOMMENDED COURSES: Administrative Law or Health Law are recommended, but not required. ENROLLMENT LIMIT: 18 students. NOTE: 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 801: Administrative Law
    MONCRIEFF: This course will examine the nature and functions of federal administrative agencies and the legal controls on agency action. Topics include the status of administrative agencies in the constitutional framework of separation of powers; agency rulemaking and adjudication; and the availability, timing, and scope of judicial review of agency action. BEERMANN/DIVER: This course will examine the nature and functions of federal administrative agencies and the legal controls on agency action. Agency action is situated and examined in its political and legal contexts. Topics include the status of administrative agencies in the constitutional framework of separation of powers including the non-delegation doctrine, the President's appointment and removal powers in light of the unitary executive, the constitutionality of the legislative and line-item vetoes, the constitutionality of agency adjudication, and the constitutional (and political) status of independent agencies; agency rulemaking and adjudication including the choice of procedural model and the procedural requirements of the rulemaking model; and the availability, timing and scope of judicial review of agency action including standing to seek judicial review and exceptions to the availability of judicial review. The course also examines different methods of policy analysis such as regulatory impact analysis and cost-benefit analysis.
  • 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. PREREQUISITES: Corporations.
  • LAW JD 805: Business Law: Secured Financing Transactions
    Many commercial financing transactions involve the creation of security interests in the borrower's personal property that are akin to mortgages of real property. Much business credit is provided on a secured credit - if security is unavailable, credit markets can dry up. Additionally, the debt obligation can be packaged with others and serve as the backing for securities akin to those that have recently been much in the news. This course governs the basic secured transaction governed by Article 9 of the U.C.C. Topics covered will include creation and perfection of security interests, priority contests, and the consequences of default. There are no PREREQUISITES for this course. Students who desire a thorough exposure to the Uniform Commercial Code may wish to take the course Business Law: The Uniform Commercial Code instead. RESTRICTION: Enrollment is limited to students who have not taken or enrolled in Business Law: The Uniform Commercial Code.
  • LAW JD 806: Prosecutorial Ethics (S)
    United States Attorney (and later Supreme Court Justice) Robert Jackson noted in a speech that a "prosecutor has more control over life, liberty, and reputation than any other person in America." This seminar will analyze the unique role, power, and responsibilities of the prosecutor in the United States criminal justice system. How does a prosecutor balance her duty to "seek justice" and her role as a "minister of justice" within an adversarial system? Does public pressure (perceived or real) to obtain convictions and solve crimes have an impact on prosecutors' actions? Throughout this course, we will examine the Model Rules of Professional Conduct, the Model Code of Professional Responsibility, and the Standards of Criminal Justice as they apply to criminal attorneys in general and prosecutors in particular. How do the rules and case law demonstrate that a criminal prosecutor is different from a criminal defense attorney or civil attorney? We will study the ethical implications and constraints placed on prosecutors, as well as the unique power that they hold at various stages of a criminal case. We will examine the means by which a prosecutor exercises discretion from the investigation of alleged crimes to the decision to charge (or not charge), and through the conduct of trials, as well as post-trial obligations. We will address such topics as: What is the prosecutor's obligation to the police and/or alleged victims of crimes? What duty does a prosecutor owe to a criminal defendant? What restrictions are placed on a prosecutor at trial that do not exist for defense attorneys? We will also study some specific contemporary and historical cases that have raised questions about the ethical conduct of prosecutors, including (but not limited to) the so-called Duke Lacrosse case, the Dominque Strauss-Kahn matter, and the prosecution of United States Senator Ted Stevens and the subsequent findings of prosecutorial misconduct therein. NOTE: 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. ENROLLMENT LIMIT: 18 students. GRADING NOTICE: This seminar is NOT offered as CR/NC/H. ** 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 810: Constitutional Law
    Considers selected issues concerning judicial review, federalism, separation of powers, and individual rights.
  • 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
    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; regulating parenthood; and issues of federal and state jurisdiction over and recognition of marriage. There will be a final examination. There is also a course requirement of an in-class, pass/fail skills exercise. NOTES: (1) Students enrolled in this class have the option of taking a one-credit Writing Supplement focused on drafting. (2) In the 2014-2015 academic year, Family Law will only be offered in the Fall semester.
  • LAW JD 816: Corporations
    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: Professor Walker's section of this class will not offer the CR/NC/H option.
  • LAW JD 817: Advanced Human Trafficking
    In the Advanced Human Trafficking Seminar, students will examine the complexities of multidisciplinary legal practice in the human trafficking context. These topics will be explored through the use of case rounds and the discussion of issues arising in cases handled by the student attorneys. Topics will include the ethics of engaging with other professionals (e.g., social workers, medical professionals, etc.) as well as how to approach legal issues with a multi-disciplinary lens. For example, in the human trafficking context, courts have adopted diversion programs and "John" schools to alleviate the harsh implications of the criminal justice system while providing more effective protection to human trafficking survivors. Students will examine these approaches and the limitations of various models. Requirements include active class participation, journals, and a final paper.
  • LAW JD 818: Advanced Human Trafficking (C)
    Students will continue to represent human trafficking survivors in a variety of contexts. They will be expected to contribute ten hours per week to represent human trafficking survivors. The clinical work will be based at the Family Justice Center, which provides space to agencies providing social, legal and other services to human trafficking survivors.
  • 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). Students who previously enrolled in Criminal Procedure: Adjudicatory (JD820) are also restricted from registering. GRADING NOTICE: This class will not offer the CR/NC/H option.
  • LAW JD 820: Criminal Procedure: Adjudicatory
    This course focuses on the constitutional rules of the criminal process from arrest to sentencing and appeal ("bail to jail"), particularly under the Fifth, Sixth, and Eighth Amendments. Topics include the right to counsel, effective assistance of counsel, pretrial release and detention, charging, grand jury, prosecutorial discretion, discovery, double jeopardy, plea bargaining, juvenile vs. adult court, jury vs. bench trial, jury selection, speedy trial, confrontation, jury instructions, proof beyond a reasonable doubt, sentencing, and 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
    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).
  • LAW JD 822: Privacy (S)
    Modern information technology and new information-intensive businesses and social practices have moved privacy concerns into the spotlight. And though privacy law has existed as a legal practice area for a generation or more, laws and practice in the area are increasingly complex and evolving rapidly. This course examines law and policy issues concerning personal information and privacy. Law enforcement, national security, and other public law topics will be considered, but the main focus will be civil law and the use of personally identifying information by businesses. We will consider privacy-related statutes and regulations; a variety of recent controversies drawing from Constitutional law, contract, and tort law; established privacy regimes in the EU and elsewhere; and emerging laws that have implications for the use and protection of personal information globally. 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. 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 824: Juvenile Delinquency (S)
    The American juvenile justice system was established over one hundred years ago to address the problem of young offenders. This course examines the historical, social and legal foundations for our current system. We will examine the issue of "rights" as applied to children and look at the effects of ideology and politics on the current juvenile justice system. How have assumptions of childhood and responsibility changed? Has the juvenile court been "criminalized" with the introduction of due process rights for children? Under what circumstances are children treated as adult offenders? Selected issues for inquiry include: police interrogation of juveniles; school safety and zero tolerance policies; adjudicative competency; anti-youth crime policies; conditions of incarceration; and changes brought about by elimination of mandatory juvenile life without parole. We will examine these issues through use of court cases, law review articles, governmental and private organizational position papers, and legislative history. Using the Massachusetts model, one of the early and often emulated juvenile systems, we will examine the changes in the prosecution and incarceration of juveniles over the past century. As we consider the overarching issue of whether it makes sense to maintain a separate justice system for juveniles, we will compare our system to those of other nations. We will visit the Boston Juvenile Court to observe a delinquency session and speak with court personnel. Students are expected to attend each class prepared to discuss the assigned readings. Course requirements include a 15-20 page final paper, a class presentation based on the paper topic or related class readings, and several assigned reading response papers over the course of the semester. A limited number of students will be permitted to fulfill the upper-class writing certification requirement. This is a graded course. NOTE: This seminar satisfies the Upper-class Professional Skills requirement. ENROLLMENT LIMIT: 18 students. 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.