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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 class does not satisfy the upper-class writing requirement. This class satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning 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.
LAW JD 875: Public Interest Law (S)
Public interest legal practice consists of a wide variety of activities. It takes place in government agencies of all levels, from local to federal; in law firms specifically dedicated to public interest causes and in private law firms doing pro-bono work; in public defender's offices, in intergovernmental organizations, in labor unions, and in NGOs. It may take the form of litigation or legislative advocacy. A common denominator of such activities is the fact that actual or potential clients are/would not be able to pay for legal services. This seminar aims to introduce students to a significant subset of public interest law activities. Each week, a different faculty member or guest presents to the students a sample of their public interest work. Before each session, students submit short reaction papers commenting on readings assigned by that week's presenter, who will give students feedback during and after the session. NOTE: This seminar does not satisfy the Upperclass Writing Requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. ** 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 876: Property
Conceptual analysis and underlying policy considerations in basic property law.
LAW JD 877: Civil Rights Litigation
This course is about civil and criminal enforcement of constitutional rights and other federal rights against government officials. The primary focus is on civil rights litigation in federal courts against state officials under the civil rights statutes passed in the wake of the civil war, including 42 U.S.C. ?? 1983, 1981, 1982 and 1985 on the civil side and 18, U.S.C. ?? 242 and 249 on the criminal side. The criminal segment of the course will be taught by an Assistant United States Attorney in charge of the Public Corruption and Special Prosecutions Unit and the Civil Rights Enforcement Team in the District of Massachusetts. Criminal issues include prosecutions of police officers for violating the civil rights of arrestees and hate crimes. On the civil side, we will examine the rights that give rise to civil rights action and, to a lesser extent, the scope of those rights. The kinds of cases include police brutality, unlawful searches and seizures and discrimination in government jobs. The issues that arise include many statutory questions, such as identification of proper parties to 1983 actions, and judge-make defenses, such as official and state immunities from damages actions and injunctive suits. We will also look at federalism and eleventh amendment limitations on congressional power and federal court remedial power in 1983 actions, although coverage of these issues will not be as thorough as in Federal Courts. The standards for holding local governments liable for damages will also be examined. Our major foray into the substance of constitutional rights will be with regard to the role of state remedies and defendant's state of mind for fourteenth amendment procedural due process violations. We will also look at substantive constitutional rights such as police brutality, medical care for prisoners and detainees, high speed police chases and other similar areas. There will also be some coverage of remedies against federal officials directly under the constitution and remedies against private individuals for civil rights violations. 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 878: The Color Line, Resistance & Reparations (S)
The subject. This seminar examines the oppressive role of race and ethnicity in American society from the early colonial period to the present, resistance to it, and the moral case for reparations. It will focus on the experiences of Native Americans, African Americans, Asian Americans, and Latinos. Seminar objectives. Students are expected to become (1) familiar with the history of racial and ethnic stratification in the United States as well as of resistance to it, (2) enabled to pursue that history on their own, and (3) capable of appraising relevant scholarship and public policies. The seminar. Each seminar session will begin with a presentation by a seminar member, designed to promote discussion. A schedule will be developed after the first seminar meeting. Readings will mainly be drawn from the following texts: Roxanne Dunbar-Ortiz, An Indigenous Peoples' History of the United States (Beacon Press 2014) Juan Gonzalez, Harvest of Empire: A History of Latinos in America (Revised Edn, Penguin 2011) Thomas C. Holt, Children of Fire: A History of African Americans (Hill & Wang 2010). Shelley Sang-Hee Lee, A New History of Asian America (Routledge 2014) Additional readings will be available on our Blackboard Learn web site. Required writing: a term paper, with draft, on a topic that is proposed and approved. Topic proposals with preliminary bibliographies are due Friday, October 20th. Conferences will be scheduled to discuss topic proposals. Complete and polished drafts of 4,000-5,000 words are due Friday, November 17th. Conferences will be scheduled to discuss revisions of the draft. Revised papers of 5,000-6,000 words are due Friday, December 15th. Grades will be based primarily on the final version of the term paper, with some consideration given to class participation. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this class. LAW ENROLLMENT LIMIT: 8 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 879: Advanced Legal Research
In this class students will be exposed to how legal research functions in practice. The research projects will be designed to highlight major legal research tools in both online and print formats. The projects will feature tasks such locating court documents, doing a legislative history, finding agency regulations and guidance, doing state specific research with practice series, researching an unfamiliar area of the law using secondary sources, as well as learning to use Lexis/Nexis, Westlaw and Bloomberg Law in a cost effective manner. Most classes will have an assignment and some will be longer projects such as a client letter, a research memo for a supervisor and all will include a research log. There will be an exam where the students must do several short research assignments with a research log. The objective of the class is for students to become comfortable completing simple and complex research in a work setting. NOTE: This class satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement.
LAW JD 880: European Union Law
The course begins with the legal history of European integration and with an analysis of the institutional foundations of the European Union. Then classes focus on trade within Europe. Students learn about free trade and its many constraints in the Old Continent. This part of the course includes a unit on Competition Law. The course emphasizes the impact of trade and legal harmonization upon culture, human rights and social policies. The study of external relations of the Union follows, with particular attention to US-EU relations. This seminar is open to law students, graduate students in International Relations and advanced IR majors. As it originates in the Law School, it will follow the Law School's calendar and time schedule. GRADING NOTICE: This class does not offer the CR/NC/H option.
LAW JD 881: Alternative Dispute Resolution
The goal of this course is to improve your ability to resolve disputes and to productively engage in conflict. In this highly interactive class, students will examine a variety of dispute resolution processes, other than traditional court adjudication, including negotiation, mediation, arbitration, dispute system design and restorative justice. Over the course of the semester, students will engage in a series of exercises (i.e., role-plays) through which they can develop and hone their skills and approaches to dispute resolution. Discussion and short lectures will accompany the exercises, 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. ENROLLMENT LIMIT: 16 students. NOTE: This course satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. RESTRICTION: Students may not enroll in Alternative Dispute Resolution and Negotiation (JD921).
LAW JD 882: Immigrants' Rights and Human Trafficking Program: Core Lawyering Skills (C):
THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. The seminar is the fall companion course for students enrolled in the Program. It provides a practice-oriented introduction to advocacy on behalf of indigent clients, including noncitizens and survivors of human trafficking. Students will develop a wide range of competencies with classes focusing topics including: (1) client interviewing and counseling; (2) case planning; (3) legal research and writing; (4) cultural competency; (5) legal story-telling and developing a theory of the case; (6) affidavit writing; (7) vicarious and secondary trauma; and (8) professional responsibility. Students will participate in class simulations, present in case rounds, and actively engage in facilitated discussions. There also will be two boot camp classes for students with specialized training in the following areas: (1) immigration law with a focus on asylum law and representing vulnerable noncitizens; and (2) human trafficking law with a focus on the protection framework in the Trafficking Victims Protection Act and multi-disciplinary lawyering. 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 883: Securities Regulation
This course offers an introduction to federal securities regulation under the Securities Act of 1933 and the Securities Exchange Act of 1934. We will examine how the securities laws shape the process by which companies raise capital through IPOs, public offerings, and private placements. We will also focus on the mandatory disclosure regime for publicly traded companies and the related topics of securities fraud, insider trading, market manipulation, and shareholder voting. We will study core concepts such as the definition of a security and materiality. Finally, we will spend significant time examining the role of the SEC and private shareholder litigation in policing the securities laws. PREREQUISITE/COREQUISITE: Business Fundamentals is a prerequisite; Corporations is a corequisite. GRADING NOTICE: This course does not offer the CR/NC/H option.
LAW JD 887: Taxation of Corporations and Shareholders
Graduate Prerequisites: INTRO TO FEDERAL INCOME TAXATION
Federal income tax considerations have major implications for planning in the corporate area. This course focuses on income tax issues in transactions between corporations and shareholders, including distributions, exchanges, reorganizations and capital contributions. PREREQUISITE: Introduction to Federal Income Taxation. GRADING NOTICE: This course does not offer the CR/NC/H option.
LAW JD 888: Immigrants' Rights Clinic: Adv. Advocacy & Trial Theory (C)
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 skills by participating in multiple mock hearings and portions of simulated trials. In particular, this course will focus on developing students' competencies in the following topics: (1) witness preparation, including working with lay and expert witnesses; (2) oral advocacy, including direct/cross examination and opening and closing statements; (3) factual and legal research; (4) cross-cultural lawyering and implicit bias; (5) legal advocacy and brief writing; (6) basic negotiation; and (7) developing professional roles and identities. Students will also be introduced to the intersections between criminal and immigration law, and to law and organizing in the immigration context. 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 889: Introduction to Federal Income Taxation
The income tax is a pervasive feature of life in the United States and lawyers encounter tax issues in virtually every field of practice. This course introduces students to the fundamental principles of the federal income tax, and its impact on a wide range of matters, including employment, tort claims, divorce, retirement, and especially business activities and investments of all types. Topics include: the concept of income, determination of gross income, allowance of deductions and the determination of taxable income, identification of the taxpayer, taxable periods and timing, the determination of gain or loss (including realization and recognition) from dealings in property, the concept of income tax basis, and the process of change in the tax law. GRADING NOTICE: This course does not offer the CR/NC/H option.
LAW JD 890: National Security & Foreign Relations Law
This course will introduce the framework of constitutional, statutory, and international law that both authorizes and constrains the conduct of U.S. national security policy. After studying the constitutional allocation of foreign affairs powers among the branches of government and the foundations of the national security apparatus in the United States, the course will turn to selected topics of contemporary relevance, including but not limited to counter-terrorism policy. Specific topics will include the role of international law in the U.S. legal system; intelligence methods, data gathering, and surveillance; covert action; domestic and international law governing recourse to force and the conduct of hostilities; the detention, interrogation, and trial, before courts and military commissions, of unprivileged belligerents and other terrorism suspects; debates over extraordinary rendition and torture; and the protection of individual liberties and civil rights in wartime. GRADING NOTICE: This class does not offer the CR/NC/H option.
LAW JD 891: Negotiation for LLMs (S)
Whether you are a litigator, dealmaker or in-house counsel, your performance will turn in large part on your ability to negotiate effectively. Your effectiveness as a negotiator is a reflection of culture, personal style and technique. The goal of this course is to improve your technique so you can do your best work as a negotiator. Students will engage in in-class exercises (i.e., role-plays) through which they can develop and hone their skills and approaches to negotiation. Course will require occasional short written assignments (2-3 pages), and a longer paper (10-15 pages) due at the end of the semester. No final exam. **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 892: Torts
Principles of civil recovery for injury, including strict liability, negligence, and the intentional torts, with emphasis on the social, economic, and moral underpinnings of the doctrines.
LAW JD 893: Research and Writing Seminar
This two-credit Legal Research and Writing seminar is required for LL.M. students in the American Law program and optional for students in the LL.M. programs in Banking and Financial Law and Taxation. It is specifically designed to introduce foreign lawyers to the basic principles of American legal writing. In small class settings and individual conferences, students receive guidance on drafting and editing memoranda and agreements. Their work is critiqued and rewritten. The research component of the seminar trains students to locate cases, statutes and secondary material through indexing systems and the latest computer technology. Research assignments are integrated into writing assignments -- exposing students to the methods of US legal analyses -- so that by the end of the term, students obtain the skills needed to write memoranda appropriate for submission to US law firms.
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 course satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning 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 896: Corporate Counsel Externship Seminar
This CLASS IS RESTRICTED to students who have received permission from the Office of Experiential Education to enroll. This is a 2-credit graded seminar for those students doing fieldwork in Corporate Counsel offices that meets every week for 1.5 hours. The seminar will cover a range of topics and competencies essential to legal practice in the corporate counsel offices of corporations, such as the modern role of in-house counsel; representing and becoming a trusted advisor to the internal corporate client; upholding confidentiality and ethical standards; learning the client's business; communicating effectively in a business setting; collaborating with others; and solving problems to further the client's strategic objectives. To maximize the students' growth over the semester, the seminar will also teach students how lawyers learn from practice, build strong supervisory relationships, reflect and self-assess, and set and measure progress on professional development goals. Students will write reflective papers, make oral presentations, and complete other work as required by the instructor. NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement.
LAW JD 898: Criminal Trial Practice II/Defenders (C)
THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice II is for students in their second semester of the Program and who have been assigned to the Defender section. Students represent indigent defendants charged with criminal offenses in either the Boston Municipal Court or the Boston Juvenile Court. Students gain exposure to lawyering experiences such as investigation, interviewing, counseling and trial advocacy with a primary emphasis on the development of trial skills. Students 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. Students 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 and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.