Administrative, Regulatory & Public Law Courses

Administrative and Regulatory Law courses consider government regulation of private activity and affects regulated industries, such as banking, insurance, and health care. Public Law concerns the structure of government. Please note that some courses are not offered every year.

General Administrative Law Courses

4 credits

For over a century, administrative agencies have taken a massive role in government, carrying out extensive executive, legislative and adjudicatory roles. Indeed, working in many fields of law -- from environmental law, tax law to criminal law, requires an extensive understanding of how administrative agencies operate, and how private entities communicate, operate and, if necessary, challenge their decisions. This is the universal experience of all developed nations. This course focuses on federal administrative agencies, exploring their nature and functions and the various legal controls on their action. Among the topics covered are 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. Time permitting, some comparative legal viewpoints will be presented.

FALL 2018: LAW JD 801 A1 , Sep 4th to Dec 11th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 2:10 pm 4:10 pm 4 Guy Seidman

3 credits

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. PREREQUISITE: Administrative Law.

FALL 2018: LAW JD 863 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 10:45 am 12:10 pm 3 Jack M. Beermann

1 credits

Many practice areas, from environmental law to immigration law, are heavily regulatory. Learn about the structure of administrative law research, from enabling statutes to agency adjudication, in this class. The class will focus on developing your understanding of the structure of administrative agencies and using the various sources of administrative law. You will learn what information is available from government sources and what specialty publishers bring to the table with an emphasis on being cost effective in the workplace. Classes will combine instruction and hands-on exercises using the major print, electronic and web based resources in administrative law. NOTE: Students may not add this course after the first class has been held. ENROLLMENT LIMIT: 16 students 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. Meeting dates -- October 10 to November 14, 2018.

FALL 2018: LAW JD 763 A1 , Sep 5th to Dec 12th 2018
Days Start End Credits Instructors Bldg
Wed 8:30 am 10:30 am 1 Ellen Frentzen

Var credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students receive credit for working with a Senator, Representative or Committee in the Massachusetts Legislature. Externs may draft legislation; evaluate testimony; participate in planning meetings with legislators and staff; research questions of law and fact for proposed legislation; observe legislative strategy sessions and negotiations; and attend floor debates and committee meetings. Prior to the start of the semester, the program instructor, Professor Sean Kealy, works with each student and matches them with a Senator or Representative, depending on their areas of interest. Students receive 3-9 variable P/F credits for their fieldwork, as determined in consultation with their placement supervisors. Each credit requires 50 hours of work over the course of the 13-week semester (averaging 4 hours per week). NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Legislative Externship: Seminar (JD 938).

SPRG 2019: LAW JD 937 A1 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 3 Staff
SPRG 2019: LAW JD 937 A2 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 4 Staff
SPRG 2019: LAW JD 937 A3 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 5 Staff
SPRG 2019: LAW JD 937 A4 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 6 Staff
SPRG 2019: LAW JD 937 A5 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 7 Staff
SPRG 2019: LAW JD 937 A6 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 8 Staff
SPRG 2019: LAW JD 937 A7 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 9 Staff
SPRG 2019: LAW JD 937 B1 , Jan 14th to Apr 24th 2019
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ARR TBD TBD 3 Staff
SPRG 2019: LAW JD 937 B2 , Jan 14th to Apr 24th 2019
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ARR TBD TBD 4 Staff
SPRG 2019: LAW JD 937 B3 , Jan 14th to Apr 24th 2019
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ARR TBD TBD 5 Staff
SPRG 2019: LAW JD 937 B4 , Jan 14th to Apr 24th 2019
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ARR TBD TBD 6 Staff
SPRG 2019: LAW JD 937 B5 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 7 Staff
SPRG 2019: LAW JD 937 B6 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 8 Staff
SPRG 2019: LAW JD 937 B7 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 9 Staff
SPRG 2019: LAW JD 937 C1 , Jan 14th to Apr 24th 2019
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ARR TBD TBD 3 Staff
SPRG 2019: LAW JD 937 C2 , Jan 14th to Apr 24th 2019
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ARR TBD TBD 4 Staff
SPRG 2019: LAW JD 937 C3 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 5 Staff
SPRG 2019: LAW JD 937 C4 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 6 Staff
SPRG 2019: LAW JD 937 C5 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 7 Staff
SPRG 2019: LAW JD 937 C6 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 8 Staff
SPRG 2019: LAW JD 937 C7 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 9 Staff
SPRG 2019: LAW JD 937 D1 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 3 Staff
SPRG 2019: LAW JD 937 D2 , Jan 14th to Apr 24th 2019
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ARR TBD TBD 4 Staff
SPRG 2019: LAW JD 937 D3 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 5 Staff
SPRG 2019: LAW JD 937 D4 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 6 Staff
SPRG 2019: LAW JD 937 D5 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 7 Staff
SPRG 2019: LAW JD 937 D6 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 8 Staff
SPRG 2019: LAW JD 937 D7 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 9 Staff

3 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is the companion academic component for students enrolled in the Legislative Externship: Fieldwork course. The seminar covers subjects that affect the legislative process including: constitutional interpretation by legislatures, theories of representation, legislative organization and rules, lobbying, legislative oversight powers, and legislature-executive agency relationships. In addition, each student keeps a reflective journal chronicling their educational experience and reactions to the practice of law observed at the field placement. NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Legislative Externship: Fieldwork (JD937).

SPRG 2019: LAW JD 938 B1 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 3 Sean J. Kealy

6 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Legislative Policy & Drafting Clinic. Students learn about the law-making process through coursework and hand-on experience working with a client seeking to advance a bill or project through the state legislature. Students work on several projects during the semester that highlight different aspects of the legislative process, allowing students to relate and test the theories discussed in class to real life situations. The in-class seminar covers subjects that affect the legislative process including: constitutional interpretation by legislatures, theories of representation, legislative organization and rules, lobbying, legislative oversight powers, and legislature-executive agency relationships. The clinic instructor works with students to select projects in the students' specific areas of interest, if any. In particular, students interested in business and tax, environment law, or health law, may specialize in those areas for the full semester. NOTE: This clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2018: LAW JD 786 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 6 Sean J. Kealy
FALL 2018: LAW JD 786 A2 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 6 Sean J. Kealy
FALL 2018: LAW JD 786 A3 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 6 Sean J. Kealy
FALL 2018: LAW JD 786 A4 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 6 Sean J. Kealy
SPRG 2019: LAW JD 786 B1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 6 Sean J. Kealy
SPRG 2019: LAW JD 786 B2 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 6 Sean J. Kealy
SPRG 2019: LAW JD 786 B3 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 6 Sean J. Kealy
SPRG 2019: LAW JD 786 B4 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 6 Sean J. Kealy

10 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Through the Semester-in-Practice: Government Lawyering -- Washington, D.C., students spend a semester working full-time for credit at an externship placement in D.C. Examples include, but are not limited to, opportunities with the staff of a Congressional committee or subcommittee, in the legal office of an administrative agency, or with a federal board/commission. Externships may be paid or unpaid. Students may secure their own placement or work with Professor Sean Kealy, instructor of the Program, for help in identifying and applying to suitable placements based on the student's career and academic interests. NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Semester-in-Practice: Government Lawyering Paper (JD 746).

FALL 2018: LAW JD 745 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 10
SPRG 2019: LAW JD 745 A1 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 10 Sean J. Kealy

Public Law Courses

4 credits

For over a century, administrative agencies have taken a massive role in government, carrying out extensive executive, legislative and adjudicatory roles. Indeed, working in many fields of law -- from environmental law, tax law to criminal law, requires an extensive understanding of how administrative agencies operate, and how private entities communicate, operate and, if necessary, challenge their decisions. This is the universal experience of all developed nations. This course focuses on federal administrative agencies, exploring their nature and functions and the various legal controls on their action. Among the topics covered are 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. Time permitting, some comparative legal viewpoints will be presented.

FALL 2018: LAW JD 801 A1 , Sep 4th to Dec 11th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 2:10 pm 4:10 pm 4 Guy Seidman

3 credits

Admiralty cases comprise a significant portion of the case load of federal courts near U.S. ports. Clerks for judges in those courts should have an understanding of admiralty law. In addition, lawyers who handle international transactions will likely encounter admiralty issues even if they do not specialize in admiralty law; the practice of admiralty is by nature international. Admiralty practitioners work with lawyers and clients from many nations and travel often to those nations. The course will examine admiralty jurisdiction of the federal and state courts as well as oft litigated choice of law and choice of forum issues. Our examination of the substantive areas of admiralty law will show how they fit together and affect one another. The substantive areas will include the international and domestic multimodal carriage of goods, charter parties (contracts to use an entire ship or part of a ship), salvage, towing, pilotage, collision, stranding, general average, and personal injury. We shall also examine ship mortgages and marine insurance. Marine insurance affects almost all aspects of admiralty law. We shall attempt to predict the effects of the Rotterdam Rules (a new treaty that the United States and other nations are in the process of ratifying) on various aspects of admiralty law, particularly the carriage of goods. This course is a pre-requisite to apply for membership in the three student team for the national Judge John R. Brown Admiralty Moot Court Competition, which will be held from March 22-24, 2018 in Seattle. Applicants for the Admiralty Moot Court Competition must first compete in the Stone Moot Court Competition. The course will also include instruction and an exercise in brief writing. OFFERING PATTERN: This class may not be offered every year. It will be offered this year if 5 or more students register for it. Students are advised to take this fact into account when planning their long term schedule. GRADING NOTICE: This class will not offer the CR/NC/H option.

3 credits

This course will focus on several currently pressing U.S. constitutional topics and issues. We'll begin with two more general doctrinal areas -- standing and "political question" doctrine -- that underlie our current issues. Among the more particular issues we're likely then to consider are: (1) standards for executive privilege; (2) ongoing court challenges to President Trump's continuing business interests under the Constitution's Emoluments Clauses; (3) various issues related to presidential impeachment, both in general and as applied to President Trump; (4) the question whether a sitting President may be indicted for a crime, both in general and as applied to President Trump; (5) recent constitutional challenges to North Carolina's and Texas's packages of election-law reforms (including Voter ID); and (6) the Supreme Court's opinions, expected by June 2018, in two challenges to partisan gerrymandering (Wisconsin and Maryland). GRADING NOTICE: This class will not offer the CR/NC/H option.

FALL 2018: LAW JD 782 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 11:00 am 12:25 pm 3 Hugh W. Baxter

2 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students in the Practicum provide pro bono representation to low income defendants in small claims court on credit card collection matters. Students engage in client interviewing and counseling, negotiation, and oral advocacy including small claims trials, under the supervision of the clinic instructors. Students must be available to be at court on Thursday afternoons. In addition, there is a weekly seminar that covers substantive topics and skills development in areas related to the clinic work such as consumer law including Truth in Lending, Fair Debt Collection Practices Act and the Massachusetts Consumer Cost Credit Act. NOTE: The Consumer Debt Practicum counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option.

FALL 2018: LAW JD 705 A1 , Sep 10th to Dec 3rd 2018
Days Start End Credits Instructors Bldg
Mon 4:20 pm 5:50 pm 2 Staff
SPRG 2019: LAW JD 705 A1 , Jan 14th to Apr 22nd 2019
Days Start End Credits Instructors Bldg
Mon 4:20 pm 5:50 pm 2 StaffStaff

3 credits

This seminar considers the legal and policy framework of K-12 public education. During the first two-thirds of the meetings, we will study the historical development of public education; school desegregation and resegregation; school finance; federalism, localism, and accountability efforts; achievement gap and equity reforms such as school choice, charters, and vouchers; single-sex public education and other identity-based public schooling; commitments to students with disabilities; and bullying. For the final third of the course, students will work in pairs to develop a topic for further research, evaluation, and problem-solving, and present their work in person and in writing to the class. Students will leave this course with a foundation in substantive education law and policy, and develop and practice the following skills: oral communication, written communication, law and policy analysis, and collaboration. This is a reading and writing intensive course. NOTES: This class does not satisfy the upper-class writing requirement. 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.

SPRG 2019: LAW JD 777 A1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Wed 10:40 am 12:40 pm 3 Katharine B. Silbaugh

3 credits

This course examines the law that organizes democratic processes of election and decision-making. After considering the historical struggle for minority enfranchisement and the Supreme Court's first forays into redistricting and reapportionment, we move to more contemporary topics, including: (1) the constitutional role and rights of political parties, (2) campaign-finance law (with special attention to Citizens United and the DC Circuit's equally important decision in SpeechNow.org), (3) the connection of race and political participation under the Voting Rights Act, (4) the new wave of "vote denial" cases in the last few years, (5) the changed understanding of "racial gerrymandering" under the Constitution, (6) the Supreme Court's decision in Bush v. Gore, and (7) the constitutionality of partisan gerrymandering. GRADING NOTICE: This class does not offer the CR/NC/H option.

SPRG 2019: LAW JD 825 A1 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Mon,Wed 11:00 am 12:25 pm 3 Hugh W. Baxter

3 credits

This seminar will examine how globalization is reshaping U.S. constitutional law. Broad powers relating to U.S. foreign relations were historically allocated to the President. A functional imperative of traditional diplomacy and interstate conflict, this constitutional centralization justified anomalous doctrines of foreign relations relating to separation of powers, federalism, and individual rights. Globalization has enabled actors other than the President -- including Congress, the judiciary, the federal bureaucracy, state and local governments, corporations, and individuals -- to assume enlarged roles on the world stage. Globalization has also magnified the salience of international law and international institutions to U.S. constitutional law. This course will chart and interrogate this shift in various contexts -- including climate change, human rights, trade, and immigration -- in which constitutional law and norms are adapting to changed global realities. 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.

FALL 2018: LAW JD 696 A1 , Sep 5th to Dec 12th 2018
Days Start End Credits Instructors Bldg
Wed 4:20 pm 6:20 pm 3 Peter Spiro

3 credits

Over the last sixty years housing law has evolved in a number of significant ways. Where once a lease was primarily considered to involve a transfer of an interest in land, it is now considered to involve a relationship framed by contract principles. Consistent with this change, tort law involving rental property is moving from a traditional negligence standard to a more complex standard based upon a duty derived from the implied warranty of habitability. Courts must now determine whether landlords should be held strictly liable in tort for personal injury claims based on defective conditions, inadequate security, lead poisoning, etc. Where formerly a landlord had significant discretion over tenant selection and tenancy termination, a variety of state housing laws and federal/state anti-discrimination laws now place significant limits on the landlord's power and control over these tenancy relationships. Public housing and governmentally subsidized housing has generated much heated debate as well as litigation over such issues as development-based policing authority and the right to evict entire families based upon criminal conduct of one family member. Finally, during the past four years complex title, tenancy, consumer rights and community preservation issues have arisen in the wake of the foreclosure crisis that has swept the nation. This seminar will focus on the various legal, social policy, and practical issues emerging with respect to traditional tenancies, premises liability, public safety in public and subsidized housing, housing discrimination, environmental protection, and control of foreclosed property. Student classroom participation and papers are required. 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 course does not offer the CR/NC/H option. 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, 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.

3 credits

This course will focus chiefly on the crimes for which individuals incur direct criminal liability under contemporary international law. We will study (i) what crimes qualify as international in this sense, general principles of international criminal jurisdiction and immunities, and the historical evolution of the field from its genesis after World War I to Nuremberg to the permanent International Criminal Court established in 2002; (ii) statutory and tribunal jurisprudence defining the nature and scope of liability for core international crimes, viz., genocide, crimes against humanity, and war crimes; (iii) modern debates over other, at times more controversial, international crimes, in particular, torture and CIDT, aggression, and terrorism; (iv) the minimal requirements and forms of individual criminal responsibility under international law; and (v) selected defenses. Time permitting, we may also cover selected issues in the transnational cooperation and prosecution of crimes that transcend national borders, such as money laundering and human trafficking.

FALL 2018: LAW JD 996 A1 , Sep 5th to Dec 12th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 2:15 pm 3:40 pm 3 Robert D. Sloane

3 credits

Survey of modern labor management and union relations law in the private sector. Organization of workers and the representation process; collective bargaining; unfair practices, employer and union; negotiation and enforcement of collective agreement, including arbitration; regulation of strikes and lockouts. Administrative law and federalism principles will be treated. Employment discrimination and other individual employee protection laws are not treated in this course.

2 credits

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.

FALL 2018: LAW JD 800 A1 , Sep 10th to Dec 3rd 2018
Days Start End Credits Instructors Bldg
Mon 4:20 pm 6:20 pm 2 Robert A. DiAdamo

2 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is the companion academic component for students enrolled in the Pro Bono Scholars Program: Fieldwork course. Students work with a faculty supervisor in designing their own reading list, writing a 15-20 page research paper, and submitting seven 4-6 page bi-weekly journals. COREQUISITE: NY Pro Bono Scholars Program: Fieldwork (JD 743).

SPRG 2019: LAW JD 744 A1 , Mar 4th to May 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 2

10 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Through the Pro Bono Scholars Program, students spend their spring 3L semester working full-time for credit at a government agency or non-profit providing direct legal services to indigent clients. Participating students sit for the February New York bar exam, and begin their fieldwork the week after. Students passing the bar exam and completing other NY bar and BU Law graduation requirements are admitted to the NY bar in late-June. NOTE: Students who enroll in this program may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: NY Pro Bono Scholars Program: Directed Study (JD 744).

SPRG 2019: LAW JD 743 A1 , Mar 4th to May 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 10

3 credits

Public interest legal practice takes many forms. It can involve government agencies, non-profit organizations, private law firms doing pro bono work, public defender's office, labor unions, and inter-governmental organizations, among others. It can take the form of litigation, transactional work, policy-related work, or legislative advocacy. Also, attorneys adopt varied models of public interest lawyering, including approaches known as community lawyering, cause lawyering, and movement lawyering. This seminar engages through readings, guest speakers, and class discussion to examine the various approaches to public interest lawyering. Students will explore how to define the "public interest" and learn different models for public interest lawyering. Students also will gain familiarity with the different substantive areas of public interest law, organizational settings for public interest practice, and modes of public interest advocacy. Many class sessions will include a guest faculty member or a guest attorney who will present a sample of their public interest work in connection with class themes. There will also be time dedicated to discussing speaker presentations. Students will be required to submit short reaction papers to the readings and presentations and perform an in-class oral presentation based on class themes. NOTE: This class does not satisfy the upper-class writing requirement. GRADING NOTICE: This class 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.

FALL 2018: LAW JD 875 A1 , Sep 6th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 3 Julie A. DahlstromCarolyn G. Goodwin

Regulatory Law Courses

4 credits

For over a century, administrative agencies have taken a massive role in government, carrying out extensive executive, legislative and adjudicatory roles. Indeed, working in many fields of law -- from environmental law, tax law to criminal law, requires an extensive understanding of how administrative agencies operate, and how private entities communicate, operate and, if necessary, challenge their decisions. This is the universal experience of all developed nations. This course focuses on federal administrative agencies, exploring their nature and functions and the various legal controls on their action. Among the topics covered are 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. Time permitting, some comparative legal viewpoints will be presented.

FALL 2018: LAW JD 801 A1 , Sep 4th to Dec 11th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 2:10 pm 4:10 pm 4 Guy Seidman

3 credits

Climate change is the most important environmental issue of this century. It has generated major law and policy over the last several years, both in the United States and internationally, and presents significant legal and policy issues that remain unresolved. This seminar will examine the legal tools available to address climate change and possibilities for future action, as well as related challenges in light of the current political landscape. The seminar first will consider the international context and review the history of climate change efforts on a global scale, including the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the 2015 Paris Agreement. It will then focus on currently available U.S. authorities, including the Clean Air Act and executive branch powers, and on state and local efforts. Because there is no statute that addresses climate change head-on, the seminar will consider the challenges presented when a major policy concern is advanced in the absence of a firm statutory foundation. Climate change also raises important issues of human rights, environmental justice, and international and intergenerational equity, which will be examined. Finally, the seminar will look to the future and pose questions concerning expectations for international cooperation and possible developments in U.S. law and policy. There are no prerequisites. The grade will be based on class participation and papers. NOTE: This class does not satisfy the Upper Class writing requirement. GRADING NOTICE: This class will 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.

FALL 2018: LAW JD 796 A1 , Sep 5th to Dec 12th 2018
Days Start End Credits Instructors Bldg
Wed 4:20 pm 6:20 pm 3 Pamela A. Hill

4 credits

This course covers U.S. laws governing global trade and finance. We will examine the compliance obligations of multinational enterprises pursuant to U.S. export controls, sanctions, AML and terrorist-financing laws. Key focuses of the course will be the extraterritorial scope of U.S. laws, and techniques for mitigating legal risk in transnational business operations. Students will learn how to: 1. Identify and assess legal risk in transnational trade and financial operations; 2. Build compliance programs that effectively mitigate such risk; and, 3. Manage interactions between multinational enterprises and U.S. enforcement agencies.

SPRG 2019: LAW JD 918 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue,Thu 10:40 am 12:40 pm 4 Babak Boghraty

2 credits

The course is a survey of the key areas of compliance. The course will examine implementing and maintaining a compliance program. Topic areas to be covered include: U.S. Foreign Corrupt Practices Act; the Office of Foreign Assets Control; Bank Secrecy Act; Privacy; Investigations; Whistleblower Rates; Information Reporting/Disclosure; Insider Trading Policies; Code of Ethics; Audit; Conflict of Interest; Management Reporting; Internal Reporting/E- Discovery/Record Retention.

FALL 2018: LAW BK 931 A1 , Sep 6th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 2 Stephen Cesso

4 credits

An examination of case law, statutes, and regulations governing transactions entered into for personal or family purposes rather than business or professional ones. Topics include theories of consumer protection, advertising, disclosure requirements, credit reporting and access to credit, quality of goods and services, billing disputes, collection efforts, and methods of enforcing consumer rights. This course might be of both professional and personal interest.

3 credits

This course will consider legal and policy challenges arising from rapidly evolving threats in cyberspace. It will define an array of cyber threats, and consider the ways in which they impact a range of governmental and non-governmental actors and entities. It will identify the domestic and international legal frameworks that regulate conduct in cyberspace--including laws related to cybercrime, cyberespionage, and cyberwar--and examine substantive and institutional questions such as: What existing principles limit cyber threats? What are the norms emerging through state practice? How should we fill in the gaps? Who should make these decisions? How should they be enforced? The course will explore these questions within the context of broader policy debates about Internet governance and the role of governmental and non-governmental actors in defending against cyber threats; state restrictions on civil rights and liberties in defending against cyber threats; allocation of decision-making among (and within) the branches for U.S. cybersecurity; and issues of secrecy and accountability. The objective of this course is to deepen our understanding of the existing threats and protections in cyberspace, the regulatory challenges that exist, and the institutions that should address them. No technical knowledge is required. Familiarity with public international law, administrative law and criminal procedure is helpful, but not necessary. International law concepts will be introduced as necessary. GRADING NOTICE: This class will not offer the CR/NC/H option.

FALL 2018: LAW JD 792 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 2:15 pm 3:40 pm 3 Ahmed Ghappour

3 credits

This course is designed to develop a basic understanding of microeconomics principles and how they can be used to explain the structure of health law, to solve problems caused by market imperfections, to diagnose problems caused by the law, to make powerful legal arguments in health law disputes and to structure contracts and deals in the health care and insurance industries. The course will begin with a discussion of broad economic rationales behind industry regulation. We will then explore regulations designed to address asymmetric information and agency costs, health care insurance regulation, and regulation of market power. We will apply microeconomic theory to analyze strategies for achieving efficient levels of access, quality and quantity through law. Students will also learn how to read, interpret and critique empirical studies at a basic level. Familiarity with the fields of economics and health care law is not required.

4 credits

The course focuses on race, sex, age, and disability employment discrimination prohibitions. Affirmative action, religious discrimination, constitutional protections of public sector workers, anti retaliation and whistleblower laws, common law protection against arbitrary dismissals, the FMLA, and the FSLA are also covered. Important procedural issues, including arbitration, also are treated. RESTRICTION: Students who enrolled in Employment Discrimination (JD 853) may not register for this course. Students who enrolled in Employment Law (JD 834) may register for this course.

SPRG 2019: LAW JD 865 A1 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 4 Michael C. Harper

3 credits

This seminar focuses on the ways in which financial institutions should prevent violations of the law. Therefore, the seminar covers: (i) Law, (ii) Institutional culture; (iii) Institutional internal preventive mechanisms. (iv) the role of the lawyer and compliance officers, and (v) how to resurrect failed institutional self-regulation (e.g., NASA). Time permitted, students will present their papers in class for comments. LIMITED WRITING REQUIREMENT: A limited number of students may elect to use this course to fulfill the upper-class writing requirement. 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.

FALL 2018: LAW JD 694 A1 , Sep 4th to Dec 4th 2018
Days Start End Credits Instructors Bldg
Tue 10:40 am 12:40 pm 3 Tamar Frankel

3 credits

This course will survey the regulatory architecture of major U.S. financial institutions, including commercial banks, investment banks, hedge funds, mutual funds, and insurance companies. Understanding the regulatory framework surrounding financial institutions requires situating them within a rapidly evolving political, technological and global context. The course will explore various regulatory mechanisms, such as bank supervision, security disclosures, fiduciary duties, consumer protections, capital requirements, and risk monitoring. The design of these complex governance tools has important implications for the health and stability of the economy, and thus for society. Attendance at the Graduate Program in Banking and Financial Law's three-day program, "Financial Services Basics," is highly recommended. PREREQUISITE: Business Fundamentals. GRADING NOTICE: This class does not offer the CR/NC/H option.

FALL 2018: LAW JD 864 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 2:45 pm 4:10 pm 3 Rory Van Loo

3 credits

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. ENROLLMENT LIMIT: 14 students 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.

FALL 2018: LAW JD 802 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Thu 2:10 pm 4:10 pm 3 Frances H. Miller

Var credits

The Government Lawyering Externship is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Accepted students must register for the ungraded fieldwork component and the graded seminar. Through the Government Lawyering Externship Program (GLEP), students work at a state or federal agency. Upon acceptance to the Government Lawyering Externship Program program, the Office of Clinical Programs works with students to identify suitable field placements depending on each student's individual interests and career goals. The range of opportunities in the government is extensive and there are great options out there for every student. COREQUISITE: Government Lawyering Seminar (JD 729)

2 credits

The Government Lawyering Externship is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Accepted students register for the ungraded fieldwork component and this graded seminar. The two hour weekly seminar will explore topics including determining who the "client" is for purposes of the attorney-client relationship, the interaction with other government agencies, ethical and moral considerations unique to government attorneys, and the impact of politics on the work of a government lawyer. Students will write weekly journals about their externship experience and will also write a final research paper. COREQUISITE: Government Lawyering Externship: Fieldwork (JD 728)

2 credits

The Patient Protection and Affordable Care Act (PPACA), better known as health care reform, is the most important and controversial piece of federal social legislation of this generation. It is also basically an insurance regulatory statute. PPACA establishes a new and complex set of rules governing the operation of the health insurance industry, provides consumers with important rights with respect to access to medical care and imposes obligations with respect to health insurance on both businesses and individuals. The course will look at PPACA and the issues that surrounded its enactment--issues which continue to fuel debate over whether it should modified or repealed. This will be done as part of an examination of the regulatory rules that govern all of insurance industry?s products (annuities, auto, home owners? product liability, life insurance, etc). The course also takes a look at the insurance industry?s structure and financial performance and at the competitive interactions between the insurance, banking and securities industries. The impact on the industry of the financial crisis of 2008 and the resulting Dodd-Frank reform legislation will be reviewed.

FALL 2018: LAW BK 990 A1 , Sep 10th to Dec 3rd 2018
Days Start End Credits Instructors Bldg
Mon 6:30 pm 8:30 pm 2 Elisabeth A. Ditomassi

3 credits

This seminar will use a practical, case-study approach to some of the issues arising in the complex world of health care enforcement and compliance. With emphasis on the procedural mechanisms of the False Claims Act and the substantive law of the Anti-Kickback Act, the Stark I and II laws, the Food Drug and Cosmetic Act, and the government's remedial authorities, the seminar will explore how prosecutors, defense attorneys, whistleblowers, and compliance officials inside health care companies approach their work and advise their clients. The seminar will explore the relationships between regulated industries (e.g., pharmaceutical companies, hospitals, doctors, medical device companies) and government insurance programs (e.g., Medicaid and Medicare), why these relationships generate billions of dollars every year in fraud, and how the interested constituencies are approaching these issues. 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. ENROLLMENT LIMIT: 12 students. OFFERING PATTERN: This class is not offered every year. 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.

FALL 2018: LAW JD 726 A1 , Sep 4th to Dec 4th 2018
Days Start End Credits Instructors Bldg
Thu 10:40 am 12:40 pm 3 Robert M. Thomas

3 credits

Over the last sixty years housing law has evolved in a number of significant ways. Where once a lease was primarily considered to involve a transfer of an interest in land, it is now considered to involve a relationship framed by contract principles. Consistent with this change, tort law involving rental property is moving from a traditional negligence standard to a more complex standard based upon a duty derived from the implied warranty of habitability. Courts must now determine whether landlords should be held strictly liable in tort for personal injury claims based on defective conditions, inadequate security, lead poisoning, etc. Where formerly a landlord had significant discretion over tenant selection and tenancy termination, a variety of state housing laws and federal/state anti-discrimination laws now place significant limits on the landlord's power and control over these tenancy relationships. Public housing and governmentally subsidized housing has generated much heated debate as well as litigation over such issues as development-based policing authority and the right to evict entire families based upon criminal conduct of one family member. Finally, during the past four years complex title, tenancy, consumer rights and community preservation issues have arisen in the wake of the foreclosure crisis that has swept the nation. This seminar will focus on the various legal, social policy, and practical issues emerging with respect to traditional tenancies, premises liability, public safety in public and subsidized housing, housing discrimination, environmental protection, and control of foreclosed property. Student classroom participation and papers are required. 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 course does not offer the CR/NC/H option. 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, 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.

3 credits

The presence or absence of insurance is in many instances the single most important determinant of whether and how a tort or contracts action is litigated. This course focuses on both individual and commercial forms of insurance coverage. Students are introduced to the key insurance concepts of risk management, including the transfer, pooling and allocation of covered risks. Problems of contract interpretation, imperfect information, adverse selection and discrimination will be treated at length. Additionally, the class will take up issues particular to property, life, health, disability, liability and auto insurance. Finally, some time will be devoted to the state regulatory regimes designed to ensure solvency and profitability, and to the secondary market (i.e. reinsurance, and surplus and excess lines). A final exam is required.

SPRG 2019: LAW JD 850 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue,Thu 10:40 am 12:05 pm 3 Maria O’Brien Hylton

3 credits

Previously titled Telecommunications Law & Policy. The Internet and Telecommunications Law course will survey the legal regime for regulating the Internet and the telecommunications industries that support the Internet. The primary legal framework will be the Communications Act of 1934, as amended from time to time by Congress, administered by the Federal Communications Commission, and interpreted by the federal courts. Starting from the 1934 Act's separate regimes for regulating the broadcast and telephone industries, the course will trace the regulatory evolution responding to technological changes in the provision of electronic communications by cable, broadcast satellite, microwave, and wireless broadband. The course will conclude by focusing on the rapidly evolving regime for regulating (and in some cases deregulating) the Internet. Topics will include the "net neutrality" debate, strategies for closing the "digital divide," allocation of Internet regulatory authority among federal, state, and municipal governments, regulation and immunity of content on the Internet, and possible legal strategies for reining in the power of sites like Face Book and Google. The course instruction will assume a background in Administrative Law and a basic understanding of First Amendment Free Speech doctrine. It will not require any background in intellectual property nor cover (except perhaps in passing) any topics in intellectual property law. COREQUISITE: Administrative Law.

SPRG 2019: LAW JD 995 A1 , Jan 14th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 3:35 pm 3 Colin S. Diver

3 credits

Survey of modern labor management and union relations law in the private sector. Organization of workers and the representation process; collective bargaining; unfair practices, employer and union; negotiation and enforcement of collective agreement, including arbitration; regulation of strikes and lockouts. Administrative law and federalism principles will be treated. Employment discrimination and other individual employee protection laws are not treated in this course.

3 credits

The built environment around us is not inevitable or by accident. It is the outcome of a series of legal and political choices about how people should live together; about how to regulate and control the future use of the property around them. These choices result in a legal regime that, at once, is enormously complex, implicates the most basic questions of equity and constitutional freedoms, and affects people in every aspect of their daily lives. This course will examine land use from a legal, historical, theoretical, and, most important, practical perspective. Students will be introduced to a brief history of land use controls in the United States. The course will then cover the basic aspects of land use law: Euclidean zoning, special use permits, variances, vested rights and preexisting uses, exactions, exclusionary and inclusionary zoning, subdivision control, wetlands control, and legal challenges to zoning decisions. The course will also look at more recent trends and issues in land use law, such as smart growth and transit-oriented development, form-based zoning, marijuana regulations, short-term rentals, climate change resilience, and increased federal control of local land use. Finally, the course will examine the constitutional limits of land use regulation under the Fifth Amendment. Students will undertake practical exercises to introduce them to how land use lawyers practice. They will attend a zoning board hearing and report on it; they will analyze a client's proposal to determine what zoning relief is necessary; they will attend a zoning trial or appeal. The course will cover general zoning principles applicable nationally but will focus on Massachusetts law for the practical exercises. The class will require student participation in discussion. The only prerequisite is completion of first-year Property. Students will produce a brief paper on the zoning board meeting they attend and a final paper, and be asked to comment on the trial or hearing they attend. Grading will be based on class participation, the zoning exercise, the comments, and the two papers.

SPRG 2019: LAW JD 855 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue 6:30 pm 9:30 pm 3 Robert Foster

3 credits

This seminar will examine the burgeoning field of law surrounding the use, sale, and production of cannabis. Possible topics include federal versus state power to regulate cannabis, the substantive criminal laws regarding cannabis, and a variety of other issues such as banking, tax, and environmental laws that impact the cannabis industry in the United States. 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.

SPRG 2019: LAW JD 969 A1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Thu 2:10 pm 4:10 pm 3 Jay D. Wexler

3 credits

Understanding the laws governing consumer transactions is relevant not only to our daily lives but also to many careers in the law. Why do consumer laws matter for societal issues such as racial and income inequality? How can government agencies best promote compliance while minimizing burden to businesses? How should leaders of consumer corporations navigate a heavier regulatory era? This seminar will examine consumer laws from three main perspectives: the businesses that must comply with regulations; the agencies--such as the Consumer Financial Protection Bureau and the Federal Trade Commission--that write or enforce rules; and the consumers who purchase over $10 trillion in goods and services annually. PREREQUISITE: Business Fundamentals. RECOMMENDED COURSE: Antitrust. 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.

SPRG 2019: LAW JD 904 A1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 3 Rory Van Loo

3 credits

Military law was traditionally viewed as a specialized code of justice reserved for members of the armed forces; this view if clearly outdated. While our starting point will be the history and current state of military law in the United States (especially the Uniform Code of Military Justice) we will look much further beyond -- into the role of the military among security agencies, post 9-11; the legal implication of extra-territorial military operations, with the challenge of the International Criminal Court; what it means to serve in the military -- recruitment, diversity, codes of conduct and sexual misconduct; private and speech, veterans affairs issues (including PTSD and homelessness) etc. While the seminar looks primarily at current U.S. law, I will seek to incorporate comparative, historical, economic and sociological insights. 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.

FALL 2018: LAW JD 695 A1 , Sep 5th to Dec 12th 2018
Days Start End Credits Instructors Bldg
Wed 10:40 am 12:40 pm 3 Guy Seidman

2 credits

Pooled investment funds, such as pension plans and mutual funds, are an important part of the global financial services industry. This course is designed as a survey of pooled funds and seeks to introduce students to the common regulatory themes that are found across pooled fund types, and to identify the unique approaches to regulation applicable to the various pooled fund types studied. The course undertakes an analysis of the legal, regulatory and fiduciary standards that apply to trustees, managers, advisers, and sponsors of collective investment vehicles. The course focuses on the concept of fiduciary duty as the basis of all trusted relationships, and examines selected problems of investor and beneficiary protection in the fields of private and public pension plans and mutual funds. It studies in detail two U.S. federal statutes as examples of legal techniques used to mitigate those risks--ERISA and the Investment Company Act of 1940 (including fiduciary duties, the role of the fund board and management fees). The class then studies pooled investment funds and investment trusts in the E.U., the U.K. and other countries, focusing on the perceived risks and protective measures reflected in their legal and regulatory systems.

3 credits

Previously titled National Security & Technology: Law & Policy. This seminar explores how modern technology disrupts many of the customs and principles upon which our laws and institutions for national security have evolved. The advancement of modern technology is changing the nature of how we perceive and defend against security threats across all domains. Attacks can be launched in ways that national borders and other conventional defenses cannot easily stop, and the proliferation of privacy enhancing cryptographic tools provides virtual refuge for threat actors to congregate, coordinate and conspire. At the same time, the state has mobilized the use of new technologies--expanding, and indeed, redefining, surveillance capabilities--to predict, prevent and defend against threats in the modern era. This course will focus on a series of historical and contemporary challenges posed by a range of technologies to the government's administration of security and justice, and the solutions implemented or proposed by the state in response. The objective is to contextualize and deepen our understanding of the substantive and institutional questions that arise from the modern day "going dark" problem, in order to facilitate sound policy and good politics in areas that are devoid of law. Topics for discussion may include, but are not limited to: the use of cryptographic tools to evade government surveillance; government proposals for "backdoor" access to people's devices and data; the use of government hacking as a surveillance tool; and the use of machine learning to predict and prevent threat incidents. No technical knowledge is required. NOTES: This class does not satisfy the upper-class writing requirement. 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.

FALL 2018: LAW JD 849 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Wed 6:30 pm 8:30 pm 3 Ahmed Ghappour

4 credits

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.

SPRG 2019: LAW JD 883 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue,Thu 10:40 am 12:40 pm 4 David H. Webber