Criminal Law Courses

These courses and clinical programs cover all aspects of criminal law, including criminal practice, criminal procedure, and issues that arise in connection with the enforcement of criminal statutes. Please note that some courses are not offered every year.

Foundational Courses

3 credits

This course examines the procedures and institutions involved in adjudicating the fate of an accused after arrest. Topics include such matters as the right to counsel, charging by grand jury and otherwise, prosecutorial discretion and plea bargaining, discovery, double jeopardy, trial practice (including the right to a jury trial, the right to confront witnesses, the meaning of "proof beyond a reasonable doubt", etc.), evolving practices in sentencing, and criminal appeals. RESTRICTIONS: Enrollment is limited to students who have not taken and are not currently enrolled in Rossman's Criminal Procedure (JD 819). Students who have taken or who are enrolled in Maclin's Criminal Procedure (JD 821) are permitted to take this course.OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

SPRG 2018: LAW JD 820 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Mon,Wed 10:45 am 12:10 pm 3 Gerald F. Leonard

4 credits

This course examines basic issues in criminal procedure that cut across the investigative and adjudicative stages. We will consider how the Constitution shapes the criminal justice system in the courtroom in areas such as the concepts of the presumption of innocence and proof beyond a reasonable doubt, the right to counsel, grand jury requests for the production of evidence, plea bargaining and the application of the Exclusionary Rule seeking to suppress evidence the police obtained in violation of the Constitution. We will also study the limits the Constitution places on the power of the police in the areas of interrogation, searches, seizures of property and stop and arrest, paying particular attention to the issue of racial profiling. RESTRICTION: Students may not enroll in this section and Criminal Procedure (JD821) or Criminal Procedure: Adjudicatory (JD820).

SPRG 2018: LAW JD 819 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:10 pm 4:10 pm 4 David Rossman

4 credits

This course covers search and seizure, the privilege against self-incrimination, confessions and the rights to counsel during custodial police interrogation. In general the course will examine the constitutional law in cases arising out of the conflict between police practices and the Bill of Rights. RESTRICTION: Students may not enroll in this section and Criminal Procedure (JD819).

FALL 2017: LAW JD 821 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 9:15 am 10:30 am 4 Tracey Maclin LAW 414
Fri 9:00 am 10:15 am 4 Tracey Maclin LAW 414

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: Judge Lowy's section will not offer the CR/NC/H option.

FALL 2017: LAW JD 831 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 10:40 am 12:40 pm 4 Gary S. Lawson LAW 103
FALL 2017: LAW JD 831 B1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Bennett Capers LAW 414
SPRG 2018: LAW JD 831 D1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Mon,Wed 10:40 am 12:40 pm 4 Stephen M. Donweber
SPRG 2018: LAW JD 831 L1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Mon,Wed 5:00 pm 7:00 pm 4

Clinical Courses

3 credits

Advocacy courses in law school tend to focus on the traditional Trial Advocacy model (opening statements, direct and cross examinations, and closing arguments) or post-trial Appellate Advocacy. The vast majority of cases, however, never reach trial. Criminal Motion Practice and Advocacy will look comprehensively at the pre-trial motions that comprise the bulk of criminal litigation. Students will have the opportunity to research, write, and argue their own pretrial motions against opposing counsel. The course will travel chronologically through the life of a criminal case, beginning at arraignment and focusing on the art of motions practice. In class exercises will include Motions to Dismiss based on the sufficiency of evidence, Motions to Suppress searches and seizures, Motions to Suppress Statements, and Motions to Suppress Identification. NOTES: This class does not satisfy the Upper-class Writing Requirement. This class satisfies the Upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement. ENROLLMENT LIMIT: 12 students. GRADING NOTICE: This course does not offer the CR/NC/H option. PREREQUISITE: Criminal Procedure. 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 for a section are required to attend the first meeting to be considered for enrollment.

FALL 2017: LAW JD 768 A1 , Sep 5th to Dec 5th 2017
Days Start End Credits Instructors Bldg Room
Tue 6:30 pm 9:00 pm 3 Michael Vitali LAW 512

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. This course meets in the spring and is mandatory for all 2L students in the Criminal Law Clinical Program. Criminal Trial Advocacy focuses on teaching courtroom skills in the context of criminal trial litigation. NOTE: The Criminal Law Clinical Program satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

SPRG 2018: LAW JD 981 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 2:10 pm 4:10 pm 3 David RossmanBrian A. Wilson
Fri 10:30 am 1:30 pm 3 David RossmanBrian A. Wilson

5 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice I is mandatory for students in their first semester of the Program. 2Ls take the course fall or spring, as determined in consultation with the Director of the Criminal Law Clinical Program upon acceptance to the Program. 3Ls take the course in the fall. The course consists of a fieldwork and classroom component. The classroom component provides students with an introduction to Massachusetts criminal procedure and basic instruction in lawyering skills such as case planning and investigation. For their fieldwork, students are assigned to cases handled by senior members of the Program and conduct tasks out of court such as legal research, fact investigation, witness interviews and preparation. Students spend one morning a week in court observing and second seating the cases they have helped to prepare. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2017: LAW JD 982 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 5 David RossmanBrian A. Wilson LAW 702
SPRG 2018: LAW JD 982 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 2:10 pm 4:10 pm 5 David RossmanBrian A. Wilson
Fri 10:30 am 1:30 pm 5 David RossmanBrian A. Wilson

8 credits

THIS CLASS IS RESTRICTED to 3L students who started the Criminal Clinic in Spring 2015. Criminal Trial Practice II will consider advanced issues in criminal practice, such as motions to suppress and sentencing advocacy. In conjunction with their class work, these students will be assigned to either the Prosecutor or Defender component of the clinic. Each student will be expected to devote at least two mornings a week to their work in court. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.

8 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice II is for students in their second semester of the Program and who have been assigned to the Defender section. Students represent indigent defendants charged with criminal offenses in either the Boston Municipal Court or the Boston Juvenile Court. Students gain exposure to lawyering experiences such as investigation, interviewing, counseling and trial advocacy with a primary emphasis on the development of trial skills. Students spend the first part of the semester acting as defense counsel in misdemeanor cases of increasing complexity. Later in the semester, representation in felony cases is possible, as well as exposure to a number of other aspects of the criminal justice system. Students must be available to be in court two days a week, from Monday through Thursday. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2017: LAW JD 898 A1 , Sep 8th to Dec 1st 2017
Days Start End Credits Instructors Bldg Room
Fri 10:30 am 12:30 pm 8 Wendy KaplanDavid Rossman LAW 702
SPRG 2018: LAW JD 898 A1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 8 Wendy KaplanDavid Rossman

Var credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice II is for students in their second semester of the Program and who have been assigned to the Prosecutor section. Students act as prosecutors in the Quincy District Court on behalf of the Norfolk County District Attorney's office, handling felony and misdemeanor cases of increasing complexity under the supervision of the clinical professor. Students are exposed to a wide variety of experiences, including investigation, interviewing and trial advocacy. Students litigate evidentiary hearings and conduct every phase of a jury or bench trial. Students collaborate but serve as the lead prosecutors on their own cases. Case assignments are based upon an individual assessment of a student's progress and demonstrated competence. Students in the Prosecutor Program may choose to be in court either one or two days a week, Monday through Thursday. Those in court only one day receive 5 credits, those in court two days receive 8 credits. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2017: LAW JD 899 A1 , Sep 8th to Dec 1st 2017
Days Start End Credits Instructors Bldg Room
Fri 10:30 am 12:30 pm Var David RossmanBrian A. Wilson
FALL 2017: LAW JD 899 B1 , Sep 8th to Dec 1st 2017
Days Start End Credits Instructors Bldg Room
Fri 10:30 am 12:30 pm Var David RossmanBrian A. Wilson
SPRG 2018: LAW JD 899 A1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm Var Brian A. WilsonDavid Rossman
SPRG 2018: LAW JD 899 B1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm Var Brian A. WilsonDavid Rossman

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. It is open to all 3Ls and 2Ls participating in the Program either semester. The course focuses on ethical issues that arise in the context of criminal trial litigation. NOTE: This course satisfies the Professional Responsibility requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2017: LAW JD 923 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 5:00 pm 7:00 pm 3 Stuart Hurowitz LAW 420

3 credits

This seminar will explore issues which the students encounter in the cases which they litigate. The seminar will discuss the role of the parties in the criminal justice system and institutional problems that play a recurring role.

3 credits

This course offers an approach to the lawyer's responsibilities to clients, the profession, and the public. Topics addressed will be problems of disclosure, conflict of interest, advertising, adversary tactics, competence, attorney fees, and fiduciary duties. NOTE: This course satisfies the upper-class Professional Responsibility requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2017: LAW JD 984 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:15 pm 3:40 pm 3 Stephen M. Donweber LAW 103
SPRG 2018: LAW JD 984 M1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:30 pm 3:55 pm 3 Nancy J. Moore
SPRG 2018: LAW JD 984 P1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue,Thu 10:45 am 12:10 pm 3 Mark Pettit

1 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Wrongful Convictions Clinic. Students engage in screening applications from prisoners claiming innocence who have requested help from the New England Innocence Project. This may involve reading prisoner questionnaires, pleadings and court opinions in the case, legal research and analysis of the requirements for obtaining a new trial, review of attorney files, and search for forensic evidence in the case. Students meet bi-weekly with the clinic instructor and can expect to spend five hours per week on clinic work. Case work typically continues through the full year, however, if investigation of the prisoner's case finishes earlier, the clinic work will end at that time. Students receive one pass/fail credit for each full semester of participation, with the fall grade deferred until the work is completed. Hours spent on clinic work in the spring semester that do not receive credit may be counted towards the School's Pro Bono Pledge. In addition to their fieldwork the clinic will meet at a mutually agreed upon date and time based on the schedules of all enrolled students. NOTES: This Clinic satisfies the upper-class Professional Skills requirement and counts towards the 6 credit Experiential Learning requirement.

FALL 2017: LAW JD 828 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue 7:00 pm 9:00 pm 1 Philip G. CormierRuth Greenberg LAW 508
SPRG 2018: LAW JD 828 A1 , Jan 16th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
ARR TBD TBD 1 Philip G. CormierRuth Greenberg

General Courses

3 credits

This seminar will critically examine selected issues in the practice of American criminal justice. Topics may include a selection from the following list: racial dimensions of policing, prosecution, and incarceration; family and community impact of criminal justice policies and practices; the capacity of the poor to find justice in the criminal system; police violence and culture; sentencing law and practice; plea bargaining; prosecutorial discretion; police discretion; drug law and policy (including mandatory minimums and the war on drugs); prisoners' rights; solitary confinement; cruel and unusual punishment (including sentences of life without parole); prison violence/rape; racial segregation in prison; prison overcrowding; privatization of prisons; alternatives to prison. We may also look at comparisons with criminal justice systems in other countries and avenues for reform. Students will make presentations to the group and execute substantial written assignments. GRADING NOTICE: This class will not offer the CR/NC/H option. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement in connection with this seminar. ** 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 seminar will focus upon the substantive law of homicide, as well as the practical aspects of actual homicide investigations and trials: crime scene interpretation; DNA analysis; autopsies and related forensic evidence; expert testimony, particularly in the area of psychiatry and criminal responsibility; jury considerations; ethical concerns; and the role of the media. Students will have the opportunity to study actual murder cases, visit local crime laboratories and courtrooms, and learn prosecution, defense, and judicial perspectives on various contemporary issues arising in murder investigations and trials. 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. 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.

SPRG 2018: LAW JD 950 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 3 David Meier

3 credits

The American juvenile justice system was established over one hundred years ago to address the problem of young offenders. This course examines the historical, social and legal foundations for our current system. We will examine the issue of "rights" as applied to children and look at the effects of ideology and politics on the current juvenile justice system. How have assumptions of childhood and responsibility changed? Has the juvenile court been "criminalized" with the introduction of due process rights for children? Under what circumstances are children treated as adult offenders? Selected issues for inquiry include: police interrogation of juveniles; school safety and zero tolerance policies; adjudicative competency; anti-youth crime policies; conditions of incarceration; and changes brought about by elimination of mandatory juvenile life without parole. We will examine these issues through use of court cases, law review articles, governmental and private organizational position papers, and legislative history. Using the Massachusetts model, one of the early and often emulated juvenile systems, we will examine the changes in the prosecution and incarceration of juveniles over the past century. As we consider the overarching issue of whether it makes sense to maintain a separate justice system for juveniles, we will compare our system to those of other nations. We will visit the Boston Juvenile Court to observe a delinquency session and speak with court personnel. Students are expected to attend each class prepared to discuss the assigned readings. Course requirements include a 15-20 page final paper, a class presentation based on the paper topic or related class readings, and several assigned reading response papers over the course of the semester. NOTE: This class may be used to satisfy the Professional Skills 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.

FALL 2017: LAW JD 824 A1 , Sep 7th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Thu 10:40 am 12:40 pm 3 Wendy Kaplan LAW 702

3 credits

This course will introduce the framework of constitutional, statutory, and international law that both authorizes and constrains the conduct of U.S. national security policy. After studying the constitutional allocation of foreign affairs powers among the branches of government and the foundations of the national security apparatus in the United States, the course will turn to selected topics of contemporary relevance, including but not limited to counter-terrorism policy. Specific topics will include the role of international law in the U.S. legal system; intelligence methods, data gathering, and surveillance; covert action; domestic and international law governing recourse to force and the conduct of hostilities; the detention, interrogation, and trial, before courts and military commissions, of unprivileged belligerents and other terrorism suspects; debates over extraordinary rendition and torture; and the protection of individual liberties and civil rights in wartime. GRADING NOTICE: This class does not offer the CR/NC/H option.

FALL 2017: LAW JD 890 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 4:20 pm 5:45 pm 3 Robert D. Sloane LAW 413

3 credits

Former U.S. Supreme Court Justice Robert Jackson once noted, "The prosecutor has more control over life, liberty, and reputation than any other person in America." This seminar examines the unique role and power of prosecutors in the United States and their responsibility to ensure "that guilt shall not escape or innocence suffer." We will study the ways in which a prosecutor exercises discretion -- in deciding what charges to bring (or whether to bring them at all), in conducting trials, in recommending punishment -- and the ethical and practical considerations that affect those determinations. What duty does the prosecutor owe to the victim? To the police? To the public at large? How might their interests conflict with prosecutors' objectives and impact their decisions? A major focus of this course will be the prosecutor's obligations to the accused and the various ways in which they are breached. We will examine the potential consequences of prosecutorial misconduct, the instances in which it may or may not be remedied, and to what extent it can be deterred. Students will engage in mock disciplinary hearings, playing the role of bar counsel in bringing allegations of misconduct or defending prosecutors against such claims. Throughout the semester we'll refer to the ABA Model Rules of Professional Conduct, Model Code of Professional Responsibility, and other rules that govern the conduct of all lawyers while scrutinizing others that bind prosecutors but not defense attorneys. Other topics to be covered include the relationship between the prosecutor and the grand jury, conflicts of interest, selective prosecution, trial misconduct, prosecutorial immunity, mandatory minimum sentences, the use of confidential informants and cooperating witnesses, discovery of exculpatory evidence, post-conviction obligations and wrongful convictions. Our study will draw heavily from historical events such as the Duke Lacrosse rape allegations, the Clinton/Lewinsky and other political scandals, and the prosecutions of O.J. Simpson and other celebrities, as well as more recent events such as the Boston Marathon bombing, the Dookhan drug lab scandal, and the deaths of Trayvon Martin, Michael Brown, Freddie Gray, Eric Garner and Tamir Rice. NOTE: This seminar does not satisfy the Upperclass Writing Requirement. This seminar satisfies the Professional Responsibility requirement. While there are no required prerequisites for taking this course, students should be prepared that some basic principles of Criminal Procedure, Evidence, and Trial Advocacy will necessarily be a focus of some of our discussions. 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 2017: LAW JD 806 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 2:10 pm 4:10 pm 3 Brian A. Wilson LAW 417

3 credits

Over the last few decades, the public has become increasingly concerned about sexual crimes. In addition to harsher punishments, several civil, collateral consequences have become common such as indefinite commitment and registration. This class will explore how sexual offenses are dealt with in the criminal justice system and the underlying reasoning for the heightened attention, including morality, statistical data, and psychological/scientific evidence. We will discuss the limitations, if any, that govern collateral consequences such as indefinite civil commitment and registration (e.g. Constitutional restrictions, scientific uncertainty). The class aims to challenge preconceived notions of sex crimes and sex offenders through case law, guest speakers, academic literature, and real life scenarios. NOTE: 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.

FALL 2017: LAW JD 947 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 6:30 pm 8:30 pm 3 Eric Tennen LAW 417

3 credits

The past two decades have witnessed an unprecedented surge in the freeing from our nations jails and prisons of innocent people who were wrongfully convicted. Many have served lengthy sentences and some have spent years on death row awaiting execution for crimes they did not commit. This course will examine the broad range of factors that contribute to the wrongful conviction of the innocent and, in doing so, will shed light on broader questions about the functioning of the US criminal justice system. We will explore the role played by faulty eyewitness-identification procedures; coercive and deceptive police interrogation procedures; the mishandling of confidential informants, cooperating witnesses, and jailhouse snitches; junk science, disorganized crime labs, and incompetent and corrupt experts; police and prosecutorial failures to preserve & disclose exculpatory evidence; and incompetent defense counsel and underfunded criminal-defense-delivery systems. We will also examine the role of racial and ethnic bias, profiling, and tunnel vision, before considering how wrongful convictions affect the debate over the death penalty. We will look the use of postconviction procedures such as appeals, new-trial motions, and habeas corpus petitions, to free the wrongfully convicted. Finally, we will explore some of the reforms that have been proposed and some of the critiques -- from both the left and the right -- of the innocence movement, with its reliance on DNA technologies, and its narrow focus on the "wrong-man" notion of the "factually innocent." Films, case studies, and guest speakers will help ground our discussion in concrete examples. 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: 15 students. 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 (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 2018: LAW JD 837 A1 , Jan 16th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Tue 6:30 pm 9:30 pm 3 Michael R. SchneiderRadha Natarajan

Related 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. NOTE: This class may be used to satisfy the Professional Skills requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2017: LAW JD 967 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 12:00 pm 2:00 pm 3 William G. Young ROOM

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 2018: LAW JD 969 A1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg Room
Thu 2:10 pm 4:10 pm 3 Jay D. Wexler

10 credits

This CLASS IS RESTRICTED to students who have received permission from the Office of Experiential Education 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. COREQUISITE: Pro Bono Scholars Program: Paper (JD 744).

SPRG 2018: LAW JD 743 A1 , Mar 5th to May 25th 2018
Days Start End Credits Instructors Bldg Room
ARR TBD TBD 10

2 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 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: Pro Bono Scholars Program: Fieldwork (JD 743).

SPRG 2018: LAW JD 744 A1 , Mar 5th to May 25th 2018
Days Start End Credits Instructors Bldg Room
ARR TBD TBD 2

3 credits

Public interest legal practice consists of a wide variety of activities. It takes place in government agencies of all levels, from local to federal; in law firms specifically dedicated to public interest causes and in private law firms doing pro-bono work; in public defender's offices, in intergovernmental organizations, in labor unions, and in NGOs. It may take the form of litigation or legislative advocacy. A common denominator of such activities is the fact that actual or potential clients are/would not be able to pay for legal services. This seminar aims to introduce students to a significant subset of public interest law activities. Each week, a different faculty member or guest presents to the students a sample of their public interest work. Before each session, students submit short reaction papers commenting on readings assigned by that week's presenter, who will give students feedback during and after the session. NOTE: This seminar does not satisfy the Upperclass Writing Requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2017: LAW JD 875 A1 , Sep 7th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 3 David RossmanCarolyn G. Goodwin LAW 513

3 credits

This seminar will explore issues relating to race, gender, sexuality, and crime. How does the historical context of race and gender relations in this country impact what we criminalize, or how we enforce the law? Can thinking about race and crime help us think about gender and crime, and sexuality and crime? Are these even appropriate considerations in a "post-racial" and "sex-equal" society? To answer these and other questions, this seminar will examine various criminal law and criminal procedure issues - from racial profiling to prosecutorial discretion, from domestic violence to rape, from hate crimes to gay and trans "panic" defenses, from mass incarceration to capital punishment as well as race-based and gender-based critiques of these issues. The goal of the seminar is two-fold. One, to provide students a deeper understanding of criminal law and criminal procedure issues, putting such issues in historical context. Two, to provide students an opportunity to challenge - critically and collegially - ingrained and sometimes invalid assumptions about race, gender, sexuality, and crime. NOTE: This seminar does not satisfy the Upperclass 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 2017: LAW JD 922 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 10:40 am 12:40 pm 3 Bennett Capers LAW 417

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. GRADING NOTICE: This course does not offer the CR/NC/H option. NOTE: This course satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement. ** A student who fails either to attend the initial meeting of a section of Trial Advocacy, or to obtain permission to be absent from either the instructor or the registrar, WILL BE administratively dropped from the section. Students who are on a wait list for a section are required to attend the first section meeting to be considered for enrollment.

FALL 2017: LAW JD 894 A1 , Sep 11th to Dec 4th 2017
Days Start End Credits Instructors Bldg Room
Mon 4:30 pm 7:20 pm 3 Jack Lu LAW 512
SPRG 2018: LAW JD 894 A2 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Wed 4:30 pm 7:20 pm 3 F. Dennis Saylor
SPRG 2018: LAW JD 894 W1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 5:00 pm 7:50 pm 3 Fred Wyshak

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 satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement. *** A student who fails either to attend the initial meeting of 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 2018: LAW JD 945 A1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg Room
Thu 4:30 pm 7:20 pm 3 Elizabeth M. Fahey

White Collar Crime Related Courses

4 credits

Marks, Tung and Walker: Course about the legal structure and characteristics of business corporations. Topics include the promotion and formation of corporations; the distribution of power between management and shareholders; the limitations on management powers imposed by state law fiduciary duties and federal securities laws; shareholder derivative suits; capital structure and financing of corporations; and fundamental changes in corporate structure, such as mergers and sales of assets. The course serves as a prerequisite to advanced courses. PREREQUISITE: Business Fundamentals. GRADING NOTICE: The CR/NC/H option is only offered in Professor Marks's section. Ellias: This course is an introduction to the basic legal rules and principles governing corporations. We examine three basic problems: (1) conflicts between a firm's managers and its owners (the shareholders); (2) conflicts between shareholders; and (3) conflicts between shareholders and creditors. We examine the costs associated with these conflicts and how markets, legal rules, and contracts might reduce them. This is a foundational law school course that provides the fundamental knowledge of business and finance needed for upper level classes. No prior knowledge of business or finance is expected. PREREQUISITE: Business Fundamentals. GRADING NOTICE: This class does not offer the CR/NC/H option.

FALL 2017: LAW JD 816 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:10 pm 4:10 pm 4 Frederick Tung LAW 414
FALL 2017: LAW JD 816 M1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Stephen G. Marks LAW 103
SPRG 2018: LAW JD 816 E1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue,Thu 8:30 am 10:30 am 4 Staff
SPRG 2018: LAW JD 816 W1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Mon,Wed 10:40 am 12:40 pm 4 Stephen G. Marks

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 2017: LAW JD 792 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 11:00 am 12:25 pm 3 Ahmed Ghappour LAW 101

4 credits

The income tax is a pervasive feature of life in the United States and lawyers encounter tax issues in virtually every field of practice. This course introduces students to the fundamental principles of the federal income tax, and its impact on a wide range of matters, including employment, tort claims, divorce, retirement, and especially business activities and investments of all types. Topics include: the concept of income, determination of gross income, allowance of deductions and the determination of taxable income, identification of the taxpayer, taxable periods and timing, the determination of gain or loss (including realization and recognition) from dealings in property, the concept of income tax basis, and the process of change in the tax law. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2017: LAW JD 889 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 10:40 am 12:40 pm 4 Alan L. Feld LAW 103
FALL 2017: LAW JD 889 W1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 9:00 am 10:30 am 4 David I. Walker LAW 103
Fri 9:00 am 10:20 am 4 David I. Walker LAW 103
SPRG 2018: LAW JD 889 S1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue,Thu 9:00 am 10:30 am 4 Theodore S. Sims
Fri 9:00 am 10:20 am 4 Theodore S. Sims

3 credits

The past several years have witnessed a number of high-profile white collar criminal prosecutions, including Bernard Madoff, Sheldon Silver (Speaker of NY State Assembly), Ronald Blagojevich (former Illinois governor), and U.S. Senator Robert Menendez, to name just a few. Developments continue, including the Supreme Court's 2016 unanimous reversal of former Virginia Governor Robert McConnell's bribery conviction, and the impact that decision is having on prosecutors nationwide. The purpose of this Course is to teach present-day white collar crime practice. The course will review: (i) the theoretical bases of modern white collar criminal prosecution; (ii) the major statutes used by prosecutors, including mail and wire fraud, securities fraud, bribery and extortion, obstruction of justice, perjury, and RICO; and (iii) the procedural aspects of white collar crime such as grand jury, attorney/client privilege, and sentencing. Students will learn the prosecutorial and defense techniques employed in significant recent white collar cases. Upon successful completion of the course, students will be familiar with the statutes, procedures, and legal analyses employed by prosecutors and private lawyers in white collar criminal practice. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule.

SPRG 2018: LAW JD 854 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 4:30 pm 7:30 pm 3 D'Addio/Hafer