Juris Doctor

  • LAW JD 842: International Business Transactions
    This course is designed to give students a broad overview of the law--domestic, foreign, and international--governing international business transactions. With the significant growth in international commerce and trade, and the forces of economic and social globalization, lawyers will increasingly confront international legal issues during their professional careers. This course will focus on the legal problems encountered in business ventures that cross national borders. Topics include formation of contracts, choice of law, financing the international sale of goods through letters of credit, regulation of international trade, the organizations and operations of the institutions of the World Trade Organization, foreign investment, international dispute settlement, and international transfer of intellectual property. RECOMMENDED COURSES: International Law. GRADING NOTICE: This course does not offer the CR/NC/H option.
  • LAW JD 843: Int'l Human Rights Clinic: Human Rights Advocacy (S)
    Students must apply and be accepted to the International Human Rights Clinic before they register for this course. This course will build on the first-semester clinic instruction (International Human Rights and clinic group rounds), focusing on developing skills directly tied to students' ongoing fieldwork. Classes will cover: interviewing and counseling institutional (non-governmental organizations) clients; designing and implementing human rights field research; ethical pitfalls and professional 'best practices' in human rights collaborations with international networks; advocacy within the UN machinery; advocacy within selected regional human rights mechanisms; and in-depth research workshops using comparative and foreign human rights research problems. The classes will be a combination of readings and discussion; simulations; student presentations; short papers and case rounds to discuss project work; and group and individual feedback on project development.
  • LAW JD 846: Historical Perspectives on Law, Constitutions and Culture (S)
    This workshop-format seminar examines the interplay of law, constitutions, and culture from an historical perspective. The heart of the seminar is student engagement with works-in-progress by leading scholars in the history, theory, and culture of law, broadly understood. The first three class sessions will be devoted to developing the intellectual tools necessary for reading and engaging with such papers. Starting in week 4 of the semester, the class format will alternate between workshop sessions and more traditional seminar sessions. During the five workshop sessions, an invited scholar will present a current scholarly work-in-progress for discussion. Students will read the speaker's paper in advance and prepare discussion questions for the seminar. During the other sessions, the class will meet as a normal seminar, during which we will discuss readings related to the workshop papers and legal history more generally. The written work for the seminar will consist of a series of brief, critical essays in response to a student-selected subset of the workshop papers. NOTE: This course is open to law students and to graduate students from other departments. A background in history is not a prerequisite. Graduate students from outside the law school may be able to receive 4 credits for this course. Please consult the professor regarding this 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 849: Strategic Intelligence & Public Policy: Advanced Issues (S)
    Strategic intelligence -- the collection, analysis, and use of intelligence information to formulate and implement national military and diplomatic strategy -- plays a vital role in U.S. public policy. This course will explore the legal authorities, as well as the legal and policy restraints, on the role of strategic intelligence in our democratic society. Topics may include the historical development of constitutional and statutory law regarding government surveillance, and the emerging challenges of cybersecurity. The course will also explore the role of dissent in a democratic society and the balance between free expression and national security, including the investigation and prosecution of espionage cases and the use of the Classified Information Procedures Act. The course will also examine the intelligence oversight roles of the Executive and Legislative branches, including the use of presidential and congressional commissions and other efforts to ensure compliance. NOTE: This seminar does not satisfy the Upper-class Writing 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 852: Mutual Funds (Investment Companies)
    Investment companies have become an important part of the financial system. This course is designed to familiarize students with the special laws governing investment companies: their creation, structure, corporate governance, operations (including the distribution of shares and the management of the portfolios), dissolution and, time permitting, taxation. In particular, the course will focus on the Investment Company Act of 1940 and on the practice in this area before the Securities and Exchange Commission.
  • LAW JD 856: Health Law
    This class introduces the significant laws regulating the US health care sector, particularly the finance, organization and delivery of health care through our blended system of public & private insurance. Health law offers a privileged role to experts, particularly physicians, but simultaneously recognizes that health professionals and institutions are prone to decision making that generates enormous agency costs. These laws are generally responsible for the growth of health law as a recognized specialization in legal practice, while health care represents nearly one fifth of US economic activity. We also discuss health policy in the context of cost, quality and access, with some international comparisons. Some of the work in the class will be assigned in teams with class presentations. A final examination will be offered.
  • LAW JD 857: Intellectual Property
    This course explores how the law deals with the products of creative activity. The range of subject matter is large, embracing things as different as mechanical inventions and melodies; baubles and boat designs; catalogues, computers and cartoons. Among the areas of potential coverage are federal copyright law, federal trademark law, state law theories of unfair competition, trade secret law, patent law, state rights of publicity, and misappropriation. Also considered will be whether federal law should preempt the efforts of state judges and legislatures to regulate intellectual products.
  • LAW JD 859: Immigrants' Rights Clinic: Fieldwork (C)
    Graduate Prerequisites: OR CO-REQ: INTELLECTUAL PROPERTY, COPYRIGHT, PATENT LAW, OR PERMISSION OF INSTRUCTOR.
    In the Immigrants' Rights Clinic, students litigate cases on behalf of migrant clients, involving human rights abuses, child welfare, and release from detention. Students, working in pairs, assume the primary responsibility for multiple clients' complex cases, from start to finish. Students conduct client interviews, track down witnesses, speak with experts, develop documentary and testimonial evidence, write legal briefs, and ultimately conduct full hearings in court--in Boston's Immigration Court, as well as the Family and Probate Court. Students may also participate in "Know-Your-Rights" visits at local jails/detention centers. IRC professors prepare students for their cases through a weekly seminar class that integrates casework; weekly supervision meetings; and a mock hearing in the days before the real trial. Students will primarily work in clinic space at the BU Tower, and also have the opportunity to work at office space downtown at Greater Boston Legal Services. PRE-REQUISITE/CO-REQUISITE : If you have not already done so, you must take Evidence during the first semester to satisfy the student practice rule. NOTE: This clinic satisfies the upper-class professional skills requirement, and will be counted towards the International as well as Litigation and Dispute Resolution Concentrations.
  • LAW JD 861: Civil Litigation Program (C)
    The Civil Litigation Program gives students the opportunity to use their lawyering skills in all courtroom levels - from local trial and housing courts, to the state's Supreme Judicial Court, to the federal court. In fact, several landmark decisions by the Massachusetts Supreme Judicial Court began as student-represented cases in the Civil Litigation Program. Students in the Civil Litigation Clinic choose from two options: *Housing, Employment, Family and Disability Clinic (HEFD) (full-year program) - The average HEFD clinic caseload over two semesters typically includes 4-5 cases in areas such as domestic relations, eviction defense, employment law and Social Security appeals. Other kinds of cases may also be assigned. *Employment Rights Clinic (ERC) (one semester program, fall or spring) - Students will represent clients in unemployment compensation cases, and a possibility of working on wage and hour disputes, discrimination/sexual harassment cases, and Family Medical Leave Act cases. PREREQUISITE/COREQUISITE (HEFD OPTION): If you have not already done so, you must take Evidence during the first semester to satisfy the student practice rule. If you have already taken Trial Advocacy, you will still need to take the clinical section. It is closely integrated with your field work. PREREQUISITE/COREQUISITE (ERC OPTION): Spring ERC students must take Evidence and Professional Responsibility concurrently with the Employment Rights Clinic, or students must have already taken these courses. Fall ERC students must take Evidence concurrently, or have already taken this course. NOTE: This clinic satisfies the upper-class professional skills requirement.
  • LAW JD 862: Client Counseling (S)
    The purpose of this seminar is to provide students with the opportunity to develop client counseling skills needed to deal with a wide variety of clients and their various legal problems. The focus of the seminar is on the way in which students are able to guide, listen, and counsel a client. Students will learn the model of client-centered lawyering and will also explore topics such as cross-cultural lawyering. This seminar is designed for students to learn by engaging in mock client counseling interviews. Accordingly, much of the time will be filled with practice interviews and discussion of strategies for how to navigate client interviews and meetings. ENROLLMENT LIMIT: 12 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 863: Administrative Law II
    Graduate Prerequisites: ADMINISTRATIVE LAW
    Administrative Law II is designed for students who have had the first year required course in Administrative Law, or its equivalent. In addition to some review of Administrative Law basics, this course will go into depth on subjects not covered in the first year course including the availability of judicial review (standing, ripeness, mootness and reviewability), adjudication, freedom of information, open meetings requirements, pre-emption of state law, licensing and ratemaking procedure and government liability under the Federal Tort Claims Act. There will also be in depth coverage of some issues covered in the first year course such as statutory interpretation methodology in the administrative state, the place of administrative agencies in the government and standards of judicial review including Chevron and its alternatives. This course is not open to students who have taken Administrative Law as a second year student. Enrollment by students who have not had a previous course in Administrative Law is by permission of the instructor only.
  • LAW JD 864: Government Regulation of Financial Services
    This course will compare the legal and regulatory frameworks for the four major types of financial institutions in the United States: banks, broker-dealers, investment companies and insurance companies. The course will identify the essential economic activities of each type of financial institution and, in so doing, provide the context within which students can understand the fundamental purposes that underlie the legal rules that govern in each area. This study will draw comparisons and contrasts among the different regulatory approaches that apply. The course will explore the different forms of regulation that govern financial institutions, including disclosure rules, prohibitions or restrictions aimed at potential conflicts of interest, limitations on activities, capital requirements, limits on risk taking, price regulation and corporate governance requirements. Attendance at the Graduate Program in Banking and Financial Law's three-day program, "Financial Services Basics," is highly recommended. The program will meet on August 30 to September 1, 2016. Admission is free but registration by 8/1/2016 is required. GRADING NOTICE: This class does not offer the CR/NC/H option.
  • LAW JD 866: Technology & Cyberlaw Clinic: Seminar 1
    The Clinic also includes an academic component that introduces students to lawyering skills (including interviewing, counseling, negotiation, drafting, etc.) that will help them in counseling client innovators. From a substantive legal perspective, the course will likely involve an in-depth study of statutes, case law, and scholarly articles addressing law and technology issues. The course will also discuss legal reform efforts in the law/technology area.
  • LAW JD 868: Moot Court
    The second component of the First Year Research and Writing requirement is participation in the J. Newton Esdaile Appellate Moot Court Program in the spring semester. Students conduct research, draft a brief and present a case in oral argument before a panel of moot-court judges made up of faculty, lawyers and students.
  • LAW JD 869: Technology & Cyberlaw Clinic: Seminar 2
    The Clinic also includes an academic component that introduces students to lawyering skills (including interviewing, counseling, negotiation, drafting, etc.) that will help them in counseling client innovators. From a substantive legal perspective, the course will likely involve an in-depth study of statutes, case law, and scholarly articles addressing law and technology issues. The course will also discuss legal reform efforts in the law/technology area.
  • LAW JD 870: Patent Law
    The basic questions in patent law are: why should society permit the grant of an exclusive property right in information relating to an invention? Who should be given the right? What is the scope of the right? How should the right be enforced? What disclosure duties should be placed on the patent holder? We will concentrate on these legal issues without getting mired in discussions of the technical details of particular inventions. Students without a technical background are welcome and encouraged to enroll.
  • LAW JD 871: Trusts, Wills & Basic Estate Planning
    Professor Seipp's Section: This course explores the basic law surrounding the disposition of property at death: (1) overview of the estate planning process and the policy considerations regarding inheritance law; (2) the process by which property is distributed in the absence of a will (intestacy); (3) the law of wills, examining formal requirements for the execution of a valid will, revocation, challenges to a will, and construction; (4) will substitutes and planning for incapacity; (5) the law of trusts, including revocable and pour-over trusts, creditor and beneficiary rights, and spendthrift trusts; (6) powers of appointment, perpetuities, and brief coverage of charitable trusts. This course does not address in detail tax-motivated estate planning. Professor Hurwitz's Section: This course explores the basic law surrounding the disposition of property at death: (1) overview of the estate planning process and the policy considerations regarding inheritance law; (2) the process by which property is distributed in the absence of a will (intestacy); (3) the law of wills, examining challenges to a will, formal requirements for the execution of a valid will, revocation, and construction; (4) will substitutes and planning for incapacity; (5) the law of trusts, including revocable and pour-over trusts, and creditor and beneficiary rights; (6) brief coverage of powers of appointment, perpetuities, spendthrift, and charitable trusts. This course does not address in detail tax-motivated estate planning.
  • LAW JD 872: Financial Reporting for Lawyers
    Understanding financial statements and reports. The objective of the course is that students will be able to read and understand the four financial statements and the 10-k annual report. Emphasis is placed on understanding the nature and meaning of the reports, as well as the relationship to the underlying transactions. Other topics include: basic accounting principles, US GAAP versus IFRS, financial statement analysis, the relationship of the financial statement information to covenant documents, and accounting gamesmanship. RESTRICTION: Not open to students who have had more than one three-hour college course, or its equivalent, in accounting.
  • 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.