Civil Litigation & Alternative Dispute Resolution Courses

These courses and clinical programs cover civil litigation, the appeals process, and alternative dispute resolution options, including arbitration, negotiation, and mediation. BU Law offers a Litigation & Dispute Resolution Concentration. Please note that some courses are not offered every year.

Foundational Courses

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation Program. Student in the Civil Litigation Program handle their own case loads, representing indigent clients in civil cases under the supervision of clinical faculty. Students may participate in the Program for either a full year (the Housing, Employment, Family and Disability Clinic (HEFD)) or for one semester (the Employment Rights Clinic (ERC)). Students participating in the HEFD Clinic work on cases in areas such as domestic relations, eviction defense, employment law and Social Security appeals. Students in the ERC represent clients in unemployment compensation cases, with a possibility of working on wage and hour disputes, discrimination/sexual harassment cases, and Family Medical Leave Act cases. PRE/CO-REQUISITES: Evidence. NOTE: The Civil Litigation Program counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2018: LAW JD 861 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 3 Robert G. BurdickConstance A. Browne
FALL 2018: LAW JD 861 B1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 3 Robert G. BurdickConstance A. Browne
SPRG 2019: LAW JD 861 A1 , Jan 15th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 3 Robert G. BurdickConstance A. Browne
SPRG 2019: LAW JD 861 B2 , Jan 15th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 3 Robert G. BurdickConstance A. Browne

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation Program. Pretrial Advocacy is the companion fall classroom component for students in the Civil Litigation Program HEFD and fall ERC clinics. Pretrial Advocacy is taught in groups of roughly 14 students with two clinical professors per group. Classes are devoted to learning the theories of practice for use in the field, reinforced by activities and simulations in which students practice skills through role play. NOTE: Students who enroll in this component of the clinic may count the credits towards the 6 credit Experiential Learning requirement or the Professional Responsibility requirement. It may not be used to satisfy more than one requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2018: LAW JD 973 A1 , Sep 4th to Dec 4th 2018
Days Start End Credits Instructors Bldg
Tue 4:20 pm 7:20 pm 3 Robert G. BurdickConstance A. Browne
FALL 2018: LAW JD 973 B1 , Sep 4th to Dec 4th 2018
Days Start End Credits Instructors Bldg
Tue 4:20 pm 7:20 pm 3 Robert G. BurdickConstance A. Browne

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation Program. Trial Advocacy is the companion spring classroom component for students in the Civil Litigation Program HEFD and spring ERC clinics. Trial Advocacy is taught in groups of roughly 14 students with two clinical professors per group. Classes are devoted to learning the theories of practice for use in the field, reinforced by activities and simulations in which students practice skills through role play. NOTE: The Civil Litigation Program counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

SPRG 2019: LAW JD 974 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 3 Robert G. BurdickConstance A. Browne
SPRG 2019: LAW JD 974 B1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 3 Robert G. BurdickConstance A. Browne

4 credits

Practical and theoretical aspects of the rules of evidence. The purpose and policies underlying the evidentiary rules are stressed throughout in order to make the rules meaningful, predictable, and functional both for students interested in trial practice and for students who anticipate engaging in a more diversified practice. In addition to covering the substantive rules of evidence, the course demonstrates the significance of evidence as a tactical device at the trial and as a vital skill for the office lawyer. GRADING NOTICE: Professor Cavallaro's section will not offer the CR/NC/H option.

FALL 2018: LAW JD 831 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 10:40 am 12:40 pm 4 Gary S. Lawson
FALL 2018: LAW JD 831 B1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 10:40 am 12:40 pm 4 Rosanna Cavallaro
SPRG 2019: LAW JD 831 D1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Mon,Wed 10:40 am 12:40 pm 4 Stephen M. Donweber
SPRG 2019: LAW JD 831 D2 , Jan 22nd to May 2nd 2019
Days Start End Credits Instructors Bldg
Tue,Thu 10:40 am 12:40 pm 4 Stephen M. Donweber

4 credits

A basic survey course, covering the federal courts and their conduct of litigation concerning business regulation, environmental protection, and civil rights. This course picks up where the first-year course in Civil Procedure leaves off and complements other courses on modern regulation and legal institutions: e.g., Administrative Law, Environmental Law, Labor Law, Conflict of Laws, and Constitutional Law. Topics include the prerequisites for gaining access to the federal district courts and the United States Supreme Court, the relationship between the federal courts and state courts, and "abstention" doctrines governing the exercise of federal judicial power. Especially recommended for students who plan to practice with firms that represent clients subject to federal regulation, to pursue careers with federal or state agencies and departments, or to handle constitutional, civil rights, or other public interest litigation.

FALL 2018: LAW JD 836 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 11:00 am 12:15 pm 4 Larry Yackle
Fri 10:30 am 11:45 am 4 Larry Yackle

3 credits

This course focuses on the statutory, constitutional, and judge-made doctrines that shape and restrict the powers of federal courts. In particular, it examines the relationships between the federal courts and the other branches of the federal government, as well as the relationship between the federal and state courts. Selected topics include standing and justiciability, congressional control of the federal courts' powers (such as the extent to which "enemy combatants" may be excluded from federal court), federal question jurisdiction, and state sovereign immunity from suit in federal and state courts. This course builds extensively on topics covered in Constitutional Law and Civil Procedure. It is strongly recommended for students who plan on clerking (especially for a federal judge) or who expect to represent clients in federal court or in civil actions against government actors.

SPRG 2019: LAW JD 847 A1 , Jan 22nd to May 2nd 2019
Days Start End Credits Instructors Bldg
Mon,Wed 10:45 am 12:10 pm 3 Kristin Collins

3 credits

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. ENROLLMENT LIMIT: 12 students. GRADING NOTICE: This course does not offer the CR/NC/H option. NOTE: This course 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.

FALL 2018: LAW JD 894 A1 , Sep 10th to Dec 3rd 2018
Days Start End Credits Instructors Bldg
Wed 6:00 pm 8:50 pm 3 Angel Kelley Brown
SPRG 2019: LAW JD 894 A2 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Wed 4:30 pm 7:20 pm 3 F. Dennis Saylor
SPRG 2019: LAW JD 894 W1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue 5:00 pm 7:50 pm 3 Fred Wyshak

Alternative Dispute Resolution Courses

3 credits

Reich: The goal of this course is to learn about legal dispute resolution options other than trials and to develop and improve your negotiation skills through theory and practice. In this highly interactive class students will examine a variety of dispute resolution processes, including negotiation, mediation, arbitration, and other judicial and non-judicial processes and compare their differences. 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. There will be short written assignments as well as a longer paper due at the end of the semester. No final exam. ENROLLMENT LIMIT: 16 students. NOTE: This course 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 both Alternative Dispute Resolution and Negotiation (JD921). Bamford: 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 as well as a longer paper due at the end of the semester. No final exam. ENROLLMENT LIMIT: 16 students. NOTE: This course 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).

FALL 2018: LAW JD 881 A1 , Sep 6th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Thu 4:20 pm 7:20 pm 3 Kenneth A. Reich
SPRG 2019: LAW JD 881 B1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue,Thu 2:15 pm 3:45 pm 3 Mark Bamford

3 credits

Legal dimensions of resolution of cross-border economic disputes through binding arbitration. Treaty framework for determining validity of arbitration agreement and for recognition and enforcement of arbitral awards, in particular 1958 New York (UN) Convention and 1965 Washington (World Bank) Convention. Comparative approach, including reference to French, English, Swiss, and United States approaches to arbitration law, as well as the United States (UNCITRAL) Model Act. Investor-State proceedings pursuant to free trade agreements and bilateral investment treaties. Influence of major arbitration rules, including ICC, LCIA, AAA and ICSID. Exploration of special issues arising from intellectual property arbitration and expropriation claims, including Act of State and sovereign immunity. Introduction to debate on "delocalized" arbitration, the role of the arbitral seat and the enforceability of awards annulled at the place of proceedings. Arbitral awards as a contribution to lex mercatoria and the "soft law" of dispute resolution. Comparison of business arbitration with issues related to consumer, employment and class action proceedings in the United States. 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.

SPRG 2019: LAW JD 980 A1 , Jan 22nd to May 2nd 2019
Days Start End Credits Instructors Bldg
Mon 2:10 pm 4:10 pm 3 William W. Park

3 credits

Mediation is part of the legal landscape in almost every substantive area and legal setting. This course will cover the theory and practice of mediation, the use of mediation to resolve disputes in various different legal contexts, and the development of practical mediation skills. We will examine the mediation process from the role of the mediator through the attorney representing a party in mediation. We will also address direct negotiation, the decision to mediate, mediator selection, preparation for mediation, and ethical issues involved in negotiation. The course will provide skill building through several interactive role-plays, in which students will have opportunities to act as a mediator, a party in mediation, and counsel to a party in mediation. The role play mediations and other exercises will survey many of the areas in which mediation is being used, including business and commercial; court-connected, federal-state agency (environmental and others); construction, employment/workplace; family/ divorce; school, community, and international. Due to the interactive nature of the class, students will be expected to attend all scheduled classes and to participate actively. Active participation includes in-class discussions, mediation role-plays, assigned reading, and writing a weekly mediator's journal. NOTES: This class does not satisfy the upper-class writing requirement. This class counts toward the 6 credit Experiential Learning requirement. ** 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.

SPRG 2019: LAW JD 826 A1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Wed 10:40 am 1:40 pm 3 Bette Roth

3 credits

The goal of this course is to improve your effectiveness as a negotiator. In this highly interactive class, students will examine negotiation from a variety of perspectives and learn specific negotiation strategies and tactics. Over the course of the semester, students will engage in a series of negotiation exercises (i.e., role plays) through which they can develop and hone their negotiation skills and approaches. Discussion and short lectures will accompany the role-plays, as appropriate. There will be short written assignments as well as a longer paper due at the end of the semester. No final exam. ENROLLMENT LIMIT: 16 students. NOTE: This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. RESTRICTION: Students may not enroll in Negotiation and Alternative Dispute Resolution (JD881).

FALL 2018: LAW JD 921 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 2:15 pm 3:45 pm 3 Mark Bamford

General Litigation Courses

3 credits

An in depth exploration and thrill ride through the modern day David vs. Goliath epic battle of the 9/11 first responders litigation, led by the BU Law alumnus who represented 10,000 plaintiffs. This interactive seminar will allow students to reprise, reenact and role play the most critical events of the decade long litigation labeled "the most complicated Mass Tort in history", while teaching them the fundamental issues and laws concerning Mass Torts in general. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the Professional Skills requirement. 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, 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.

4 credits

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.

FALL 2018: LAW JD 877 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 4:20 pm 6:20 pm 4 Jack M. BeermannStaff

3 credits

Question of jurisdiction, judgments and choice of law in events and transactions touching more than one nation or state. Contexts both (i) international and (ii) state-to-state within the United States, related to matters including contracts, commercial transactions, torts, and family law. Which courts will be competent to decide a dispute touching more than one state or nation? Which law will govern a dispute? Will some laws be deemed "mandatory" (lois de police) and thus not subject to choice-of-law clauses by the parties to a transaction? When a judgment rendered in one state or nation be recognized and enforced in other jurisdictions? What rule of res judicata and issue preclusion will apply in cross-border contexts? A comparative component, looking at non-United States traditions as well American approaches.

FALL 2018: LAW JD 721 A1 , Sep 5th to Dec 12th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 2:15 pm 3:40 pm 3 William W. Park

3 credits

This seminar will focus on the specific application of the federal rules of civil procedure to pretrial civil practice. Each pretrial phase of a case (from the complaint to the answer to motions to dismiss to discovery to summary judgment) will be unpacked with reference to the applicable civil rules. The idea is to reach the same level of detail in analysis and close reading of the rules as that required of a new litigation associate. This will involve considerations of computation of time, deadlines, pleading rules, Rule 12, Rule 16, Rule 26, the local rules of civil procedure, and the like. The class will proceed with students drafting and discussing the various documents relevant to pretrial procedure. From a prewritten factual scenario, students will draft complaints, answer their colleagues' complaints, move to dismiss their colleagues' complaints, draft discovery documents, move for summary judgment, etc. Grades will be derived from classroom discussion and written product. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the Upper-class Professional Skills 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.

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)

3 credits

The course explores the principal remedies available through civil litigation, including compensatory damages, injunctions, declaratory judgments, restitution, and punitive damages, along with remedial defenses. It covers both private-law and public-law remedies. The course examines general principles about the law of remedies that cut across substantive fields and that will be useful to a student or lawyer encountering a remedies problem in any context. It also takes up debates concerning whether law and economics or corrective justice provides a better account of the aims and underlying principles of the law of remedies. The course will be of considerable practical value to anyone interested in civil litigation.

4 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Technology and Cyberlaw Clinic. The Clinic provides counseling and guidance to assist MIT and BU students with laws and regulations that relate to their innovation-related academic and extracurricular activities. The clinic provides counseling in areas of technology law including data privacy and security, intellectual property, computer crimes, regulatory compliance, and public records laws. Representation of clients can include client counseling, negotiation with third parties, and, if capacity allows, litigation and other dispute resolution. The fieldwork may also include presentations to MIT and BU students and faculty about areas of law that are implicated in independent research and innovation. PRE/CO-REQUISITE: a course in one of the following three areas: (1) intellectual property (either an IP survey course or other core IP course such as patent, copyright, or trademark); (2) privacy (including information privacy seminar); or (3) cybersecurity. NOTE: The Technology & Cyberlaw 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 725 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 4 Andrew Sellars
SPRG 2019: LAW JD 725 A1 , Jan 15th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 4 Andrew Sellars

2 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Technology and Cyberlaw Clinic. This is the fall classroom component to the Technology & Cyberlaw Clinic. The seminar introduces students to the 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, including advanced topics in intellectual property, computer crimes, and data privacy. NOTE: The Technology & Cyberlaw 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 866 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Tue 2:10 pm 4:10 pm 2 Andrew Sellars

2 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Technology and Cyberlaw Clinic. This is the spring classroom component to the Technology & Cyberlaw Clinic. The seminar expands upon the lawyering skills and substantive legal discussions from the first semester, and will focus on questions of national policy as they relate to technology, including national control over technical information, academic privacy and freedom, and emerging cybersecurity regulation. NOTE: The Technology & Cyberlaw Clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

SPRG 2019: LAW JD 869 A1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Tue 2:10 pm 4:10 pm 2 Andrew Sellars

Judicial Decision-Making Courses

3 credits

This seminar explores the professional role of judges, both state and federal, in our American legal system. It invites analysis of the distinctive features of our judiciary, its multiple roles in legal determinations under stare decisis, in statutory interpretation, in fact finding (both at trial and in other contexts), in the many interactions with the direct democracy of the American jury, in administration and case management, and in contacts with the legislative and executive branches. 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. The first class meeting will take place at the Law School (Date/Time TBA), while the rest of the class will be conducted at the United States District Court. ** 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.

SPRG 2019: LAW JD 908 A1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Wed 2:10 pm 4:10 pm 3 William G. Young

3 credits

This seminar explores judicial decision making in the trial and appellate courts on which the judge has served. Drawing on his decisions and other related readings, the class will consider each week the challenges posed by different types of judicial decisions. This approach will allow the class to evaluate and discuss many facets of judicial decision making, including but not limited to the following: * Differences between trial and appellate court decisions * The interactions between trial and appellate court decisions * Why certain issues are particularly difficult for judges * What is explainable and unexplainable about judicial decision making * How judicial philosophy and judicial process affect decision making * What works and does not work in judicial decisions, and * The rationale for concurrences and dissents Through the studies of these and similar issues, the students will hopefully become more informed critics of judicial decision making and more effective advocates in court. NOTES: This seminar does not satisfy the Upper-class 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 (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.

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 in chambers for a judge in the state or federal court system. The assignments handled by an extern are similar to those handled during a post-graduate clerkship. Students may find their own judicial placements that must be approved by the Office of Experiential Education, or the Office will match the student with a judge. Students receive 4-9 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: Judicial Externship: Seminar (JD 736).

FALL 2018: LAW JD 735 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 4
FALL 2018: LAW JD 735 A2 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 5
FALL 2018: LAW JD 735 A3 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 6
FALL 2018: LAW JD 735 A4 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 7
FALL 2018: LAW JD 735 A5 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 8
FALL 2018: LAW JD 735 A6 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
ARR TBD TBD 9
SPRG 2019: LAW JD 735 B1 , Jan 15th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 4 TBA
SPRG 2019: LAW JD 735 B2 , Jan 15th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 5 TBA
SPRG 2019: LAW JD 735 B3 , Jan 15th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 6 TBA
SPRG 2019: LAW JD 735 B4 , Jan 15th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 7 TBA
SPRG 2019: LAW JD 735 B5 , Jan 15th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 8 TBA
SPRG 2019: LAW JD 735 B6 , Jan 15th to Apr 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 9 TBA

3 credits

This CLASS IS RESTRICTED to students who have received permission from the Office of Experiential Education to enroll. This is the companion academic component for students simultaneously enrolled in the Judicial Externship: Fieldwork course. The two-hour weekly seminar examines legal ethics from the perspective of the judiciary, including topics such as conflicts of interest, competency, confidentiality, pro bono obligations, and judicial ethics. The class also focuses on the legal and philosophical foundations of judicial decision-making, specialty courts, alternative dispute resolution, and legal research and writing. The seminar requires students to write a 15-page paper and make a class presentation. 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 component of the externship may count the credits towards the 6 credit Experiential Learning requirement or the Professional Responsibility requirement. It may not be used to satisfy more than one requirement. COREQUISITE: Judicial Externship: Fieldwork (JD 735). GRADING NOTICE: This class does not offer the CR/NC/H option.

3 credits

This course will focus on criminal procedure and criminal law cases that are currently on the docket of the Supreme Court. Each week, the class will read a substantial amount of materials in preparation for one case, including its lower court opinion, the briefs from each party, two sets of amicus briefs, and a Supreme Court opinion drafted by a member of the class. Students will also be expected to read the most significant Supreme Court precedents involving each case. Prior to each class session, each student will be responsible for writing a 3-5 page memo critiquing the readings of the week. Students will also be responsible for drafting one 20-25 page Supreme Court opinion to be distributed to and discussed by the class. Criminal Procedure is not a prerequisite for this course. 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.

SPRG 2019: LAW JD 903 A1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Wed 4:20 pm 6:20 pm 3 Tracey Maclin

Skills-Based Courses

3 credits

This intensive seminar takes an integrated approach to civil and criminal procedure, evidence, and trial practice to teach the current trial techniques at work in our courts. Taught at the United States District Court itself, the course involves in-court observations, specific critique of actual trial presentations, and seminar discussion of all aspects of procedure, trial preparation, evidence, and trial practice. A term paper on some aspect of the trial process is required. While neither evidence nor trial practice is a formal prerequisite for this course, they are recommended. The goal of the seminar is to enhance the quality of judgment, exposition, and fact-law teaching a lawyer exercises on behalf of the client in the trial environment. The first class meeting will take place at the Law School -- Date/Time TBA. 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. ** 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 967 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Wed 12:00 pm 2:00 pm 3 William G. Young

2 credits

This is an experiential course that examines the skills and strategies that are the foundation of effective appellate advocacy. It will focus on the selection and presentation, both written and oral, of persuasive arguments in complex cases, with emphasis on the substantive and procedural issues legal practitioners encounter when representing clients at both the trial and appellate levels. Students will be learn to analyze trial court records, identify grounds for appeal and evaluate their likelihood of success; select, prioritize and present issues persuasively in briefs and oral argument; and reflect on and self-evaluate their performances on oral and written work. PREREQUISITE: Criminal Procedure; Evidence is recommended. ENROLLMENT LIMIT: 12 students NOTE: This course counts toward the 6 credit Experiential Learning requirement.

FALL 2018: LAW JD 895 A1 , Sep 6th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 2 Andrew Grainger

3 credits

This seminar will involve an in-depth examination of discovery practice under the federal rules of civil procedure. The topics to be covered are set out below. Grades will be derived from a final paper, mini-quizzes and assignments, and classroom participation. There is no required text. 1. History and purpose of discovery. 2. Discovery abuse. 3. Rule 26. The scope of discovery and the major limitations on the scope of discovery. 4. Rule 26. The conference of the parties and planning for discovery. The impact of the local rules on discovery. 5. Rule 26. Self-executing disclosures and expert discovery. 6. e-discovery. 7. Written discovery. Rules 33, 34, and 36 (interrogatories, document requests, and requests for admission). 8. Deposition discovery. Rules 30-32. Rule 45 subpoenas. 9. Rule 37. Failure to cooperate in discovery. Sanctions. 10. Rule 37. Discovery motion practice. 11. Effective discovery. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the upper-class professional skills requirement. RESTRICTION: Students who completed E-discovery (JD 795) may not enroll. 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.

3 credits

The purpose of this seminar is to teach students how to take and defend effective and ethical depositions. The course involves both a simulated deposition component and a professional responsibility component. The seminar also satisfies the professional responsibility requirement. Simulated Deposition Course Component: Students will be divided into firms representing either the Plaintiff or the Defendants in a gender discrimination and defamation case brought by an attorney who has been denied partnership. The students will prepare and perform depositions of lay and expert witnesses and gather experience with obtaining and developing facts, preserving testimony, and the uses of depositions. Professional Responsibility Course Component: The simulated context offers the opportunity to explore several professional responsibility issues that arise naturally in deposition practice. These issues emerge largely because of the dual professional roles of an attorney: zealous representative and officer of the court. Some of the more timely issues involve proper witness preparation, improper witness coaching, inadvertent waiver of privilege, and abusive tactics. Writing and Performance Requirements: Each week students will write a short one or two page comment on the professional responsibility issues raised in class. At the end of the course, students will perform a videotaped deposition rather than take a final written exam. NOTE: This class may be used to satisfy the Professional Skills requirement, the Professional Responsibility requirement, credits toward Experiential Learning requirement, or the upper-class writing requirement. This class may not be used to satisfy more than one requirement. ENROLLMENT LIMIT: 16 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, 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.

SPRG 2019: LAW JD 958 A1 , Jan 28th to Apr 22nd 2019
Days Start End Credits Instructors Bldg
Mon 2:10 pm 4:10 pm 3 Constance A. Browne
SPRG 2019: LAW JD 958 B1 , Jan 28th to Apr 22nd 2019
Days Start End Credits Instructors Bldg
Mon 4:20 pm 6:20 pm 3 Constance A. Browne

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)

3 credits

This class is designed to give students experience in legal writing civil litigation. Over the course of the semester, students will work on the various stages of a federal court litigation from pre-complaint investigation through dispositive motions. There will opportunities to draft a variety of litigation documents, including complaints, discovery, motions, and memos. Students will complete multiple drafts of key documents and will meet individually with the instructor to discuss the drafts. Students will focus on using the facts to tell their clients' story and making persuasive, winning arguments. In class, students will discuss a range of strategic questions including developing viable causes of action, identifying critical facts, and using written discovery to obtain information. Additionally, students will participate in-class exercises designed to improve the students' skills in writing, fact-gathering and argument. ENROLLMENT LIMIT: 14 students 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 712 A1 , Sep 10th to Dec 3rd 2018
Days Start End Credits Instructors Bldg
Mon 6:30 pm 8:30 pm 3 Edward J. DeAngelo

3 credits

This seminar will focus on improving students' persuasive writing skills through a series of assignments and in-class exercises. Students will draft a variety of documents designed to persuade, including a statement of the facts and memos in support of motions. Some legal research will be necessary for these assignments, but the emphasis will be on writing, not on research. Students will complete multiple drafts of these documents, meet individually with the instructor to discuss the drafts, and engage in peer editing of their classmates' papers to improve their own writing skills. The class will also include discussions of persuasive writing strategies, comparisons of examples of good and bad persuasive writing, and in-class writing exercises. Students will be graded on the basis of their written work, their peer editing work, and on their classroom participation. There will be no final exam. ENROLLMENT LIMIT: 14 students. NOTES: This class 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.

SPRG 2019: LAW JD 713 A1 , Jan 28th to Apr 22nd 2019
Days Start End Credits Instructors Bldg
Mon 10:40 am 12:40 pm 3 Holly Jane Caldwell

3 credits

The purpose of this course is to enable students to further develop the skills acquired during the basic trial advocacy course and to introduce them to issues that are not generally addressed at the basic level. Those issues will include motions in limine, impaneling a jury, trial notebooks, effective use of experts, trial technology, preserving the record for appellate purposes and further developing direct and cross-examinations skills. This will be accomplished by using the entire case file used by counsel in a 1992 murder trial, Commonwealth v Fuller in Essex County, MA. The class will be divided into two teams: a prosecution team and a defense team. The case is evenly weighted so no team will have a built-in advantage. Each team will work together to address the issues facing that team. There will be plenty of opportunity for individual in-class demonstrations of various trial skills, including writing and arguing motions in limine, direct and cross examinations of an expert, etc. The students will learn that much of trial advocacy involves "brainstorming" the issues with one's peers, particularly during the early stages of a case. Accordingly, the course will be frontloaded with group discussion of the various issues facing the trial lawyer before the first juror is impaneled. The final exam of this course will be a mock trial of a case, one that is much more compact than the Fuller case. This trial will provide an excellent opportunity for the students to demonstrate the complete range of their trial skills. GRADING NOTICE: This course does not offer the CR/NC/H option. NOTE: This course counts toward the 6 credit Experiential Learning requirement. *** A student who fails either to attend the initial meeting of Trial Advocacy (Advanced), 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.

SPRG 2019: LAW JD 945 A1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Thu 4:30 pm 7:20 pm 3 Elizabeth M. Fahey

LLM-Only Courses

3 credits

The goal of this course is to improve the ability of internationally-trained LL.M. students 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 a series of short written assignments (2-3 pages). No final exam. ENROLLMENT LIMIT: 18 students.

1 credits

THIS COURSE IS OPEN TO LLM STUDENTS ONLY. The course will expose students to the practical aspects of cross border litigation by examining in depth] the ongoing 20+ year legal conflict among Chevron, the State of Ecuador, the indigenous tribes of the Lago Agrio, and two leading American law firms over claims concerning the pollution of a 4,000 square kilometer area of Ecuador. Through the lens of this complex, multi-jurisdictional dispute, the class will examine the types of legal, business, strategic and political issues raised in such a high-profile, "bet the company" dispute, including the Alien Tort Claims Act, the $9.5-billion judgment in Ecuador against Chevron, the Racketeer Influenced and Corrupt Organizations Act, the impact of bilateral investment treaties, and tactics employed in pursuit of and defense against the recognition and enforcement of a foreign judgment. Readings will include the "Invictus Memo" by which Patton Boggs set out a settlement strategy for the plaintiffs and the ruling in the RICO litigation against the plaintiff's lawyers. By the end of the course, students will have an understanding the resources required and the challenges faced in pursuing multi-jurisdiction claims against a multinational corporation. Meeting dates - 2/5/2018-2/23/2018

SPRG 2019: LAW JD 784 A1 , Feb 4th to Feb 22nd 2019
Days Start End Credits Instructors Bldg
Mon,Wed,Fri 10:45 am 12:15 pm 1 Dennis Campbell

2 credits

This course provides LL.M. students with an overview of the substantive rules governing the admissibility or exclusion of evidence at trial. Subjects include competency of witnesses, direct and cross-examination of witnesses, the rule against hearsay and its exceptions, expert and lay opinion testimony, privileged communications, relevancy, procedural considerations, judicial notice, burden of proof, presumptions, form and type of objections, authentication, the best evidence rule and the use of demonstrative and scientific evidence. The course is designed to give students a fundamental understanding of evidentiary rules in anticipation of taking a US bar exam. Meeting dates - 3/12/2018-4/23/2018.

2 credits

This class will introduce LL.M. students to appellate advocacy, both written and oral. To introduce students to persuasive writing -- a critical lawyering skill, applicable to a range of legal practice settings -- students will first draft a motion and memorandum in support thereof. Students will then draft an appellate brief and participate in an oral argument based on that brief. Students will write multiple drafts of each written assignment and will have the opportunity to meet with the instructor to discuss these drafts. The oral arguments will give students an opportunity to develop their speaking and presentation skills in simulated court setting. For students considering transferring into the J.D. program, this course will satisfy the J.D. Moot Court requirement. GRADING NOTICE: This class will not offer the CR/NC/H option.