Health Law Courses

Health law considers the regulation of health care, medical research, and the food and pharmaceutical industries, as well as legal issues relating to public health. BU Law offers a Health Law Concentration. Please note that some courses are not offered every year.

Foundational Courses

2 credits

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and the issues that surrounded its enactment--issues which continue to fuel debate over whether it should modified or repealed.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

FALL 2016: LAW BK 990 A1 , Sep 6th to Dec 6th 2016
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 2 Raymond A. Guenter LAW 605

4 credits

This course teaches the substantive and procedural laws relating to the US health care sector, including public and private insurance, the structure and regulation of health care providers, tax-exempt health care institutions, health care fraud and abuse, competition in health care markets, duties to patients, regulation of the beginning and end of life, and health privacy. We focus on both federal and state law (and the federalism issues raised thereby). Texts include case law, statutes, regulations, other administrative guidance, and peer-reviewed literature from medicine and the social sciences.

FALL 2016: LAW JD 856 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Mon,Wed 8:30 am 10:30 am 4 Kevin Outterson LAW 101

3 credits

This course focuses on the business side of health care, including health care insurance regulation and laws designed to increase the quality and lower the cost of care. Topics include managed care regulation, institutional liability for medical malpractice and other forms of negligence, professional and facilities regulation, the corporate practice of medicine doctrine, corporate form, medical staff organization, referral fee laws, and antitrust law related to health care providers. The goal will be to provide a solid doctrinal background on today's most relevant areas of health law and to develop a strong ability to view the doctrine and policy through the lens of economics with a particular focus on law as the cause of and solution to health care and health care insurance market imperfections.

3 credits

This course examines health care law from the perspectives of the individual and the state. Broad topics include the common law of medicine; the scope of state power over individual medical choices (individual rights); the division of regulatory power between national and state governments (federalism); and the division of power among legislative, executive, and judicial branches (separation of powers). Specific topics include the doctor-patient relationship; informed consent; medical malpractice; confidentiality and privacy; regulation of contagious disease, smoking, and obesity; regulation of illicit and prescription drugs; and regulation of insurance, especially through the Affordable Care Act's market reforms, mandate, and subsidies and under Medicare and Medicaid. The goal of the course will be to deepen understanding of the relationship between the individual and the state in making choices about short- and long-term health, critically evaluating assertions of state interest to regulate human bodies and lives and equally critically evaluating assertions of individual freedom to make healthcare choices.

3 credits

Traditional public health is rapidly transforming itself from state programs to prevent disease in populations (e.g., vaccinations and newborn screening) to federal and international efforts to more broadly promote the "right to health." This problem-oriented seminar enables students to answer questions about health risks as such questions typically arise in practice -- in all their complexity and without preassigned doctrinal labels. It covers contemporary examples of the seven deadly sins -- anger, gluttony, lust, sloth -- plus drugs, alcohol, tobacco, firearms, biobanks, epidemics, bioweapons, and surveillance. The seminar offers a systematic framework for identifying and controlling health risks, drawing on theories of risk perception, cognitive reasoning, and empirical evidence. Students analyze and compare the applicability and effectiveness of different legal strategies to control risks, such as criminal and civil prohibitions, mandatory product standards, tort liability, mandatory data collection, biometric testing, conditions of employment, marketing restrictions, quarantine, and taxation. Emphasis is on the different scope of laws (state, federal and international) regulating personal behavior and laws regulating products and commercial activities. A writing project to develop a legal strategy to address a contemporary risk to health is required. This seminar is open to law students, SPH graduate students and advanced public health majors. As it originates in the Law School, it will follow the Law School's calendar and time schedule. GRADING NOTICE: This course does 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 this seminar. **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 2017: LAW JD 926 A1 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg Room
Thu 8:30 am 10:30 am 3 George J. Annas LAW 418

General Courses

3 credits

This seminar surveys the evolution of federal law as it relates to people with disabilities. We will cover disability discrimination in the areas of employment, education (elementary, secondary and higher education), government services, public accommodations run by private entities, and housing. In exploring these areas we will examine relevant case law and statutes (i.e. the ADA and its amendments, the Rehabilitation Act of 1973, the IDEA, and the Fair Housing Act) and their implementing regulations and guidance. In addition to studying legal authorities, we will engage in practical classroom exercises and hear from attorneys practicing in disability law-related settings. Readings will be assigned from Colker & Grossman, The Law of Disability Discrimination (8th ed. 2013); Colker & Grossman, The Law of Disability Discrimination Handbook: Statutes and Regulatory Guidance (8th ed. 2013)(also available online), and supplemental material. Grades will be based on class participation and a final paper. 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.

3 credits

This seminar will use a practical, case-study approach to some of the issues arising in the complex world of health care enforcement and compliance. With emphasis on the procedural mechanisms of the False Claims Act and the substantive law of the Anti-Kickback Act, the Stark I and II laws, the Food Drug and Cosmetic Act, and the government's remedial authorities, the seminar will explore how prosecutors, defense attorneys, whistleblowers, and compliance officials inside health care companies approach their work and advise their clients. The seminar will explore the relationships between regulated industries (e.g., pharmaceutical companies, hospitals, doctors, medical device companies) and government insurance programs (e.g., Medicaid and Medicare), why these relationships generate billions of dollars every year in fraud, and how the interested constituencies are approaching these issues. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. ENROLLMENT LIMIT: 12 students. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2016: LAW JD 726 A1 , Sep 6th to Dec 6th 2016
Days Start End Credits Instructors Bldg Room
Tue 2:10 pm 4:10 pm 3 Robert M. Thomas LAW 419

3 credits

Partners, associates and general counsel from leading firms will discuss the deals they were personally involved in. After an introduction to joint venture theory and the regulatory context of health care, everyone in the class examines 2 transactions: a physician recruiting agreement and an ambulatory surgery center JV. The remainder of the course will involve 5 -- 6 complex health care transactions, using actual documents from recent deals. The transactions run the gamut from hospital M&A to biotech licenses. For the transaction you select, you will work in teams to analyze the deal, and will present your conclusions to the lawyers who closed it. Your final project will be a negotiation or drafting assignment drawn from class materials. PREREQUISITES: The course does not have pre-requisites, but Corporations and Health Care are suggested; if you select the biotech transactions, IP and FDA are suggested. NOTES: This seminar satisfies the Upper-class Professional Skills requirement. 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.

SPRG 2017: LAW JD 998 A1 , Jan 23rd to Apr 24th 2017
Days Start End Credits Instructors Bldg Room
Mon 4:20 pm 6:20 pm 3 Diane McCarthyMichael Lampert LAW 417

1 credits

The Health Law Externship is a one semester clinical program where students work for credit at a non-profit health care organization. Students are required to apply and be accepted to the program before they may register. An integral part of the externship is a one hour weekly seminar examining various health law issues as well as the challenges of working in a non profit environment. The first meeting will orient you to the program; subsequent meetings will discuss the assigned readings in light of your experiences in the externship. The seminar requires students to write a paper and make a class presentation. In addition, each student keeps a weekly journal chronicling their educational experience and reactions to the practice of law observed at the field placements. COREQUISITE: Health Law Externship Program: Fieldwork (JD 762). NOTE: The Health Law Externship does not satisfy the professional responsibility requirement.

SPRG 2017: LAW JD 764 A1 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Wed 5:30 pm 6:30 pm 1 Ben Moulton LAW 518

Var credits

The Health Law Externship is a one semester clinical program where students work for credit at a non-profit health care organization. Students are required to apply and be accepted to the program before they may register. Through the program, students gain hands-on legal experience under the supervision of practitioners who are experts in the health law field. The Health Law Externship is offered in the fall to 3Ls only (or 2Ls with a prior health law background may be considered with permission of Mr. Moulton). The spring semester is open to 2Ls and 3Ls alike, but preference will be given to 3Ls who have not taken the Civil Litigation Program or the Legal Externship Program. Upon acceptance to the program, Mr. Ben Moulton works with students to identify suitable field placements depending on each student's individual interests and career goals. Once possible placement organizations are identified, students are responsible for applying to those organizations. Before the semester begins, students work with their placement supervisors to determine how many hours they will work during the semester. The schedule must be approved by Mr. Moulton. Students must adhere to this schedule throughout the semester. Students receive variable credits for the fieldwork component, determined as follows: * 3 credits = 150 hours total: * 4 credits = 200 hours total; and * 5 credits = 250 hours total. PREREQUISITE: Health Law (JD 856 in the Law School or LW 751 at the School of Public Health). COREQUISITE: Health Law Externship: Seminar (JD 764). NOTES: Participation in the Health Law Externship may count toward the Concentration in Health Law.

SPRG 2017: LAW JD 762 A1 , Jan 17th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
ARR TBD TBD Var TBA

1 credits

Health law encompasses the engagement of the legal system with a large and dynamic segment of the U.S. economy. Students will learn to navigate the statutory and regulatory framework of health law, including research with case law, legislative history materials, and adjudications and guidance documents from federal health agencies. Students will become familiar with practice materials and premium databases beyond Lexis, Westlaw and Bloomberg. Classes will combine instruction and hands-on exercises using major print, electronic, and web-based resources for health law research. Students will be required to complete several assignments using electronic and print resources. NOTE: This seminar satisfies the Upper-class Professional Skills requirement. NOTE: Students may not add this course after the first class has been held. This course meets from 1/20/2016 to 2/24/2016.

3 credits

This course examines health care law from the perspectives of the individual and the state. Broad topics include the common law of medicine; the scope of state power over individual medical choices (individual rights); the division of regulatory power between national and state governments (federalism); and the division of power among legislative, executive, and judicial branches (separation of powers). Specific topics include the doctor-patient relationship; informed consent; medical malpractice; confidentiality and privacy; regulation of contagious disease, smoking, and obesity; regulation of illicit and prescription drugs; and regulation of insurance, especially through the Affordable Care Act's market reforms, mandate, and subsidies and under Medicare and Medicaid. The goal of the course will be to deepen understanding of the relationship between the individual and the state in making choices about short- and long-term health, critically evaluating assertions of state interest to regulate human bodies and lives and equally critically evaluating assertions of individual freedom to make healthcare choices.

4 credits

Subjects discussed include an overview of clinical psychiatry, institutionalization, deinstitutionalization, the insanity defense, incompetence to stand trial, the right to treatment and the right to refuse treatment, involuntary commitment, dangerousness, the meaning of mental illness, the use of invasive treatments, psychotherapy, privacy, and professional ethics. Legal cases make up most of the course material.

REMINDER: This is a SPH course. Students cannot register through WebReg. Students who register for the class and want law credit must add the course to their law transcript by completing an add form at the Law Registrar's Office before the end of the add/drop period for that semester.

SPRG 2017: SPH LW 854 A1 , Jan 25th to May 10th 2017
Days Start End Credits Instructors Bldg Room
Wed 2:00 pm 5:00 pm 4 GrodinGeorge J. Annas L212

4 credits

This problem-oriented research seminar enables students to confront questions about health risks as such questions typically arise in practice -- in all their messy complexity and without doctrinal labels. The seminar offers a systematic framework for identifying health risks, drawing on theories of risk perception, cognitive reasoning, and empirical evidence. Using contemporary examples of risks from firearms, tobacco, drugs, foods and other consumer products, genetics, personal behavior, contagious and chronic diseases, bioterrorism, surveillance, and the social environment, students analyze and compare the applicability and effectiveness of different legal strategies to control different types of risks. Strategies include criminal and civil prohibitions, mandatory product standards, tort liability, mandatory data collection, biometric testing, wellness programs, conditions of employment, advertising and marketing restrictions, isolation and quarantine, involuntary treatment, taxation, and limits on liability. Emphasis is on the different requirements for and limits of laws regulating personal behavior and laws regulating products and commercial activities. Students conduct independent research to develop a legal strategy to address a contemporary risk to health.

REMINDER: This is a SPH course. Students cannot register through WebReg. Students who register for the class and want law credit must add the course to their law transcript by completing an add form at the Law Registrar's Office before the end of the add/drop period for that semester.

SPRG 2017: SPH LW 850 A1 , Jan 19th to May 4th 2017
Days Start End Credits Instructors Bldg Room
Thu 10:00 am 1:00 pm 4 Wendy K. Mariner L210

Policy Courses

3 credits

The subject of the course is the translation of medical technologies into new products and services for the healthcare system. The course begins with a rigorous study of intellectual property, licensing and the core aspects of planning, creating, funding and building new entrepreneurial ventures. Concepts and tools are presented for assessing new technologies and their potential to be the basis for a new entrepreneurial venture. Comparisons will be made of how technologies can be sourced and commercialized out of three very different environments: universities, national laboratories and corporate laboratories. Cross-disciplinary teams of students will be formed which will evaluate translational research projects currently being developed at Boston University and their potential for transformation into a start-up company to commercialize the technology, providing a unique linkage between the scientific research activities of the university and the professional schools. Each week there will be a case study which will discuss examples of both success and failure in technology commercialization. Some of these case studies examine Boston University life sciences spin-out companies, and the founders and CEO?s of these ventures will share their experiences with the class. NOTE: This course meets at the School of Management and will be treated as a non-law course on the law transcript. The course and grade will appear on the transcript, however the grade is not factored into the law g.p.a.

FALL 2016: LAW LA 997 A1 , Sep 12th to Dec 12th 2016
Days Start End Credits Instructors Bldg Room
Mon 6:00 pm 9:00 pm 3 Nijhawan HAR 406

3 credits

This course will examine issues and opportunities in life sciences including the pharmaceutical, biotechnology, medical devices sectors and the life sciences service industry supporting these sectors, through the eyes of the CEO. The course will investigate who manages these companies and what are the strategies that are used to build successful enterprises. This course will introduce students to individuals and institutions at every stage of the development cycle from idea generation and start-up fundraising to manufacturing and global expansion. We will specifically look at key elements of strategy and the execution of that strategy by examining companies that have either succeeded or failed, by discussing the pros and cons of different approaches and teasing out the lessons one can derive from leaders in the field and case studies examining their approaches.

REMINDER: This is a GSM course. Students cannot register through WebReg. Students who register for the class and want law credit must add the course to their law transcript by completing an add form at the Law Registrar's Office before the end of the add/drop period for that semester.

FALL 2016: GSM HM 717 F1 , Sep 8th to Dec 8th 2016
Days Start End Credits Instructors Bldg Room
Thu 6:00 pm 9:00 pm 3 Philip HAR 224

4 credits

This course reviews the nature and scope of moral dilemmas and problematic decision making in public health, medicine, and health care. After a survey of ethical theory, the course focuses on a broad range of ethical concerns raised by the theory and practice of public health and medicine: the nature of health, disease and illness, health promotion and disease prevention; rights, access, and the limits of health care; the physician-patient relationship; truthtelling and confidentiality. Through a series of case studies, the course examines specific topics: the bioethics movement and its critiques; human experimentation; the role of institutional review boards; the concept and exercise of informed, voluntary consent; abortion, reproduction, genetic counseling and screening; euthanasia, death and dying; ethics committees; and international and cross-cultural perspectives.

REMINDER: This is a SPH course. Students cannot register through WebReg. Students who register for the class and want law credit must add the course to their law transcript by completing an add form at the Law Registrar's Office before the end of the add/drop period for that semester.

FALL 2016: SPH LW 725 A1 , Sep 8th to Dec 15th 2016
Days Start End Credits Instructors Bldg Room
Thu 8:00 am 11:00 am 4 Grodin L212

4 credits

This seminar is suitable for any student who wants to be prepared to identify and respond to legal and policy issues that arise when genetics is integrated with public health research and practice. Case studies based on practical problems and dilemmas form the basis of in-class exercises and written assignments. Analyzing the circumstances of these cases gives students opportunities to further their understanding of law and to link that understanding to other areas of knowledge while addressing realistic problems and dilemmas. Cases and related course materials cover a variety of circumstances including DNA banking, newborn screening programs, direct-to-consumer testing services, and genetic counseling.

4 credits

This course is appropriate for graduate, 4+1, and undergraduate students and is taught at the Medical Campus. Health is closely linked to the realization of human rights. Preventable illness, infant mortality, and premature death, for example, are closely tied to societal discrimination and violation of human rights. This course explores the relationship between human rights and health by examining relevant international declarations in historical context, exploring the meaning of "human rights" and "health," and analyzing specific case studies that illuminate the problems, prospects, and potential methods of promoting health by promoting human rights on the national and international levels.

REMINDER: This is a SPH course. Students cannot register through WebReg. Students who register for the class and want law credit must add the course to their law transcript by completing an add form at the Law Registrar's Office before the end of the add/drop period for that semester.

SPRG 2017: SPH LW 740 A1 , Jan 24th to May 9th 2017
Days Start End Credits Instructors Bldg Room
Tue 2:00 pm 5:00 pm 4 George J. AnnasGrodin L311

3 credits

This seminar will use a practical, case-study approach to some of the issues arising in the complex world of health care enforcement and compliance. With emphasis on the procedural mechanisms of the False Claims Act and the substantive law of the Anti-Kickback Act, the Stark I and II laws, the Food Drug and Cosmetic Act, and the government's remedial authorities, the seminar will explore how prosecutors, defense attorneys, whistleblowers, and compliance officials inside health care companies approach their work and advise their clients. The seminar will explore the relationships between regulated industries (e.g., pharmaceutical companies, hospitals, doctors, medical device companies) and government insurance programs (e.g., Medicaid and Medicare), why these relationships generate billions of dollars every year in fraud, and how the interested constituencies are approaching these issues. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. ENROLLMENT LIMIT: 12 students. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2016: LAW JD 726 A1 , Sep 6th to Dec 6th 2016
Days Start End Credits Instructors Bldg Room
Tue 2:10 pm 4:10 pm 3 Robert M. Thomas LAW 419

3 credits

This course examines health care law from the perspectives of the individual and the state. Broad topics include the common law of medicine; the scope of state power over individual medical choices (individual rights); the division of regulatory power between national and state governments (federalism); and the division of power among legislative, executive, and judicial branches (separation of powers). Specific topics include the doctor-patient relationship; informed consent; medical malpractice; confidentiality and privacy; regulation of contagious disease, smoking, and obesity; regulation of illicit and prescription drugs; and regulation of insurance, especially through the Affordable Care Act's market reforms, mandate, and subsidies and under Medicare and Medicaid. The goal of the course will be to deepen understanding of the relationship between the individual and the state in making choices about short- and long-term health, critically evaluating assertions of state interest to regulate human bodies and lives and equally critically evaluating assertions of individual freedom to make healthcare choices.

3 credits

This is an applied consulting project course. Students enrolled in this course will be divided into teams of four students during the first class; the assignment of teams is largely dependent upon having a shared interest in one of the number of prospective consulting projects. Each team will select from a pre-designated list of business development-strategy-marketing consulting projects. Projects in the past have ranged from developing an international pricing strategy for the introduction of a new product by Genzyme to providing a marketing plan for a web-based entrepreneurial venture to developing a strategy for the Dana-Farber Cancer Institute to maintain the loyalty of their referring physicians. Client companies/organizations have requested these projects, are paying the school for the privilege of having an MBA team, and are covering all expenses associated with the projects. In return, they anticipate receiving a consulting report from the student team at the end of the semester. The deliverables for this assignment are the consulting report as well as a 30-minute in-class presentation followed by a ten-minute question-and-answer period. The team will also be expected by the client to make a presentation to the client's management. These projects constitute a way for students to apply what they are learning in the MBA program to a real health sector management situation; an opportunity to gain experience and broaden their familiarity with health sector organizations with which they have had little or no direct experience; a way for local, regional, and national health sector organizations to benefit from their expertise and hard work in solving a management problem; and a continuing linkage of the Boston University MBA and Health Sector Management Programs to the health sector community.

REMINDER: This is a GSM course. Students cannot register through WebReg. Students who register for the class and want law credit must add the course to their law transcript by completing an add form at the Law Registrar's Office before the end of the add/drop period for that semester.

FALL 2016: GSM HM 840 F1 , Sep 6th to Dec 6th 2016
Days Start End Credits Instructors Bldg Room
Tue 6:00 pm 9:00 pm 3 Clarke HAR 210

2 credits

Although health care is rationed in a variety of ways in the United States, Americans, and American politicians in particular, make believe that rationing does not exist. Indeed, efforts at health care reform have often been criticized for leading to "rationing' health care resources, implying that rationing is something evil. The idea that all Americans get the health care they need or that we have limitless resources is obviously not so. What health care is available and to whom is the result of the often invisible choices policy makers make. This course critically explores the health care allocation choices that have been made and will be made in the future. It analyzes the advantages and disadvantages of various rationing methods, the values and moral judgments reflected in each, and the political and financial factors influencing the choice of approach, as well as who should make such choices. Examples of rationing to be discussed include the distribution of organs for transplantation, determining what constitutes "necessary" care under insurance schemes, the use of markets and lotteries as rationing methods, limitations on population screening, the use of age and "social worth" to limit health care to individuals, triage in emergencies, and the utility (or disutility) of cost-benefit analysis for making decisions about the availability and distribution of health care. By the end of the course, students will be able to articulate the range of possible rationing methods and to appropriately apply these methods to different scarce resource circumstances.

4 credits

This problem-oriented research seminar enables students to confront questions about health risks as such questions typically arise in practice -- in all their messy complexity and without doctrinal labels. The seminar offers a systematic framework for identifying health risks, drawing on theories of risk perception, cognitive reasoning, and empirical evidence. Using contemporary examples of risks from firearms, tobacco, drugs, foods and other consumer products, genetics, personal behavior, contagious and chronic diseases, bioterrorism, surveillance, and the social environment, students analyze and compare the applicability and effectiveness of different legal strategies to control different types of risks. Strategies include criminal and civil prohibitions, mandatory product standards, tort liability, mandatory data collection, biometric testing, wellness programs, conditions of employment, advertising and marketing restrictions, isolation and quarantine, involuntary treatment, taxation, and limits on liability. Emphasis is on the different requirements for and limits of laws regulating personal behavior and laws regulating products and commercial activities. Students conduct independent research to develop a legal strategy to address a contemporary risk to health.

REMINDER: This is a SPH course. Students cannot register through WebReg. Students who register for the class and want law credit must add the course to their law transcript by completing an add form at the Law Registrar's Office before the end of the add/drop period for that semester.

SPRG 2017: SPH LW 850 A1 , Jan 19th to May 4th 2017
Days Start End Credits Instructors Bldg Room
Thu 10:00 am 1:00 pm 4 Wendy K. Mariner L210

Regulatory Courses

3 credits

This seminar examines the Food and Drug Administration as an administrative agency combining law and science to regulate activities affecting public health and safety. Topics include testing and approval of pharmaceuticals and medical devices; food safety and nutritional policy; biologics and biotechnology regulation; cosmetic regulation; pricing of and reimbursement for drugs and devices; global aspects of pharmaceutical regulation, US and foreign patent issues, and FDA practice and procedure; jurisdiction and enforcement. A writing project involving research on food and drug issues will be required. RECOMMENDED COURSES: Intellectual Property, Administrative Law & Health Law. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2016: LAW JD 802 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Wed 2:10 pm 4:10 pm 3 Frances H. Miller LAW 513

2 credits

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

FALL 2016: LAW BK 990 A1 , Sep 6th to Dec 6th 2016
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 2 Raymond A. Guenter LAW 605

1 credits

Health law encompasses the engagement of the legal system with a large and dynamic segment of the U.S. economy. Students will learn to navigate the statutory and regulatory framework of health law, including research with case law, legislative history materials, and adjudications and guidance documents from federal health agencies. Students will become familiar with practice materials and premium databases beyond Lexis, Westlaw and Bloomberg. Classes will combine instruction and hands-on exercises using major print, electronic, and web-based resources for health law research. Students will be required to complete several assignments using electronic and print resources. NOTE: This seminar satisfies the Upper-class Professional Skills requirement. NOTE: Students may not add this course after the first class has been held. This course meets from 1/20/2016 to 2/24/2016.

3 credits

Traditional public health is rapidly transforming itself from state programs to prevent disease in populations (e.g., vaccinations and newborn screening) to federal and international efforts to more broadly promote the "right to health." This problem-oriented seminar enables students to answer questions about health risks as such questions typically arise in practice -- in all their complexity and without preassigned doctrinal labels. It covers contemporary examples of the seven deadly sins -- anger, gluttony, lust, sloth -- plus drugs, alcohol, tobacco, firearms, biobanks, epidemics, bioweapons, and surveillance. The seminar offers a systematic framework for identifying and controlling health risks, drawing on theories of risk perception, cognitive reasoning, and empirical evidence. Students analyze and compare the applicability and effectiveness of different legal strategies to control risks, such as criminal and civil prohibitions, mandatory product standards, tort liability, mandatory data collection, biometric testing, conditions of employment, marketing restrictions, quarantine, and taxation. Emphasis is on the different scope of laws (state, federal and international) regulating personal behavior and laws regulating products and commercial activities. A writing project to develop a legal strategy to address a contemporary risk to health is required. This seminar is open to law students, SPH graduate students and advanced public health majors. As it originates in the Law School, it will follow the Law School's calendar and time schedule. GRADING NOTICE: This course does 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 this seminar. **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 2017: LAW JD 926 A1 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg Room
Thu 8:30 am 10:30 am 3 George J. Annas LAW 418

Related Courses

1 credits

Many practice areas, from environmental law to immigration law, are heavily regulatory. Learn about the structure of administrative law research, from enabling statutes to agency adjudication, in this class. The class will focus on developing your understanding of the structure of administrative agencies and using the various sources of administrative law. You will learn what information is available from government sources and what specialty publishers bring to the table with an emphasis on being cost effective in the workplace. Classes will combine instruction and hands-on exercises using the major print, electronic and web based resources in administrative law. NOTE: Students may not add this course after the first class has been held. Meeting dates January 26 to March 2, 2017.

SPRG 2017: LAW JD 763 A1 , Jan 26th to Mar 2nd 2017
Days Start End Credits Instructors Bldg Room
Thu 2:10 pm 4:10 pm 1 Steven Alexandre da Costa LAW 416

4 credits

Antitrust law regulates the competition between business firms in unregulated markets (and in varying degrees in regulated markets, where it supplies a benchmark standard). Thus, all privately owned economic entities are subject to or affected by the antitrust laws (federal or state), ranging from the largest multinationals to self-employed individuals, e.g., lawyers. Antitrust law constrains business behavior that injures the competitive process, encompassing such topics as price fixing, boycotts, monopolization, mergers, price discrimination, distributorship limitations and similar trade restrictions. Antitrust analysis is increasingly economic in its orientation and therefore economic analysis will form a vital part of the course. Supplementary economic readings are suggested for students without previous economic background (and for others who may wish to refresh their knowledge).

SPRG 2017: LAW JD 838 A1 , Jan 17th to Apr 25th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 10:40 am 12:40 pm 4 Keith N. Hylton LAW 101

4 credits

This course will examine compliance and risk management with an overview of the broad regulatory requirements and structures applicable in global economies across multiple industries. The purpose of the course is to offer a foundation for those interested in work with regulated industries together with practical skill application. Students will learn how to assist clients in navigating highly complex regulatory environments and explore specific compliance issues in highly regulated industries, such as financial services, pharmaceuticals, health care, government procurement, energy and information technology. Students will apply knowledge through simulations and experiential assignments leading to practical skill development for use in compliance related careers. The course will include the review of specific guidelines (such as the U.S. Sentencing Guidelines and the COSO Framework) as well as the following topics: Creating and Maintaining a Comprehensive Compliance and Risk Program; Drafting Effective Policies, Procedures and other Controls; Internal Investigations; Managing Law Enforcement and Regulatory Investigations; Criminal and Enforcement Action Response; Business Culture and Ethics in Complex Organizations. Together with practical skill acquisition, students will end the course with an understanding of the creation of a strong program and the ethical management of the compliance and risk functions in a complex organization. NOTE: This course satisfies the Upper-class Professional Skills requirement.

3 credits

This course is the foundational skills course within the Transactional Law Program. It teaches students basic principles and skills of drafting and analyzing commercial and transaction agreements, with a focus on recognizing, and addressing through contractual provisions, key business issues in transactions. Although the course will be of particular interest to students interested in a corporate or transactional law practice, since most practicing attorneys will need to work with contracts at some point in their career, the concepts and skills which the course conveys are applicable to virtually all practice areas and specialties. While the course utilizes lectures to introduce various contract concepts and techniques essential for drafting and reviewing commercial and transaction agreements, it requires that students complete in-class exercises and extensive homework assignments as a means of building basic drafting skills and a solid understanding of the structure and operation of contractual provisions in a business transaction. Grades will be based on the graded assignments, good faith completion of ungraded assignments, and class participation. ENROLLMENT LIMIT: 12 students. NOTE: This class satisfies the Upper-class Professional Skills requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. 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 2016: LAW JD 788 A1 , Sep 12th to Dec 5th 2016
Days Start End Credits Instructors Bldg Room
Mon 4:20 pm 6:20 pm 3 Jonathan Guest LAW 508
FALL 2016: LAW JD 788 B1 , Sep 12th to Dec 5th 2016
Days Start End Credits Instructors Bldg Room
Mon 4:20 pm 6:20 pm 3 Emmy Hessler LAW 519
FALL 2016: LAW JD 788 C1 , Sep 6th to Dec 6th 2016
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 3 Neal S. Winneg LAW 519
FALL 2016: LAW JD 788 D1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Wed 4:20 pm 6:20 pm 3 Thomas P. Harrison LAW 519
FALL 2016: LAW JD 788 E1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Wed 6:30 pm 8:30 pm 3 Carla Moynihan LAW 518
FALL 2016: LAW JD 788 F1 , Sep 8th to Dec 8th 2016
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 3 Young M. Park LAW 519
SPRG 2017: LAW JD 788 A1 , Jan 23rd to Apr 24th 2017
Days Start End Credits Instructors Bldg Room
Mon 4:20 pm 6:20 pm 3 Jonathan Guest LAW 419
SPRG 2017: LAW JD 788 B2 , Jan 17th to Apr 25th 2017
Days Start End Credits Instructors Bldg Room
Tue 6:30 pm 8:30 pm 3 Mr. Cohan LAW 518
SPRG 2017: LAW JD 788 C2 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Wed 4:20 pm 6:20 pm 3 Carla Moynihan LAW 419
SPRG 2017: LAW JD 788 D2 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg Room
Thu 6:30 pm 8:30 pm 3 Robert M. Schlein LAW 519

4 credits

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. GRADING NOTICE: The CR/NC/H option is not offered in Professor Walker's section.

FALL 2016: LAW JD 816 A1 , Sep 6th to Dec 8th 2016
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Stephen G. Marks LAW 103
FALL 2016: LAW JD 816 W1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Mon,Wed 8:30 am 10:30 am 4 David I. Walker LAW 103
SPRG 2017: LAW JD 816 M1 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 10:40 am 12:40 pm 4 Stephen G. Marks LAW 103

2 credits

This course examines the formation, organization, operation and tax aspects of tax-exempt entities including charitable organizations, private foundations and various other tax-exempt entities such as healthcare organizations, social clubs, business leagues, trade associations, fraternal organizations and arts organizations. The course will analyze the following topics: the rationale for federal tax-exempt status; general considerations in organizing tax-exempt entities, including selection of appropriate form and methods of obtaining and maintaining tax-exempt status; distinctions between non-profit and tax exempt status; income taxation of exempt organizations; structuring relationships with nonprofit affiliates and for profit business organizations; liability and responsibility of agents, officers and directors; prohibited transactions; the taxation of unrelated business taxable income; private benefit/private inurement; intermediate sanctions; fundraising; political activities; and considerations in acquisitions, mergers and liquidations of exempt organizations. Pre or Co-Requisite: Federal Income Tax I

FALL 2016: LAW TX 926 A1 , Sep 12th to Dec 5th 2016
Days Start End Credits Instructors Bldg Room
Mon 6:30 pm 8:30 pm 2 Jeremiah W. Doyle LAW 209
FALL 2016: LAW TX 926 OL , Sep 6th to Dec 12th 2016
Days Start End Credits Instructors Bldg Room
ARR TBD TBD 2 Jeremiah W. Doyle

3 credits

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

Var credits

This course explores how the law deals with the products of creative activity. The range of subject matter is large, embracing things as different as mechanical inventions and melodies; baubles and boat designs; catalogues, computers and cartoons. Among the areas of potential coverage are federal copyright law, federal trademark law, state law theories of unfair competition, trade secret law, patent law, state rights of publicity, and misappropriation. Also considered will be whether federal law should preempt the efforts of state judges and legislatures to regulate intellectual products.

FALL 2016: LAW JD 857 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Mon,Wed 8:30 am 10:30 am 4 Michael J. Meurer LAW 414
SPRG 2017: LAW JD 857 G1 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:15 pm 3:40 pm 3 Paul R. Gugliuzza LAW 103

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 (2-3 pages), as well as a longer paper due at the end of the semester. No final exam. NOTE: This course satisfies the Upper-class Professional Skills requirement. GRADING NOTICE: This seminar does not offer the CR/NC/H option. RESTRICTION: Students may not enroll in Negotiation and Alternative Dispute Resolution (JD881).

FALL 2016: LAW JD 921 A1 , Sep 6th to Dec 8th 2016
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:15 pm 3:45 pm 3 Mark Bamford LAW 410

3 credits

The basic questions in patent law are: why should society permit the grant of an exclusive property right in information relating to an invention? Who should be given the right? What is the scope of the right? How should the right be enforced? What disclosure duties should be placed on the patent holder? We will concentrate on these legal issues without getting mired in discussions of the technical details of particular inventions. Students without a technical background are welcome and encouraged to enroll.

SPRG 2017: LAW JD 870 A1 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 9:00 am 10:25 am 3 Michael J. Meurer LAW 101

3 credits

This seminar will explore the economics of intellectual property law. There are no prerequisites. The readings for the seminar will consist of Cass and Hylton, Laws of Creation (2013), and several cases and articles. The seminar will emphasize understanding the policy justifications for the major doctrines in intellectual property. The topics studies will include patent law, copyright law, trademark law, trade secret law, and the intersection of antitrust and intellectual property. ENROLLMENT LIMIT: 14 students. GRADING NOTICE: This class will not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2016: LAW JD 900 A1 , Sep 6th to Dec 6th 2016
Days Start End Credits Instructors Bldg Room
Tue 2:10 pm 4:10 pm 3 Keith N. Hylton LAW 417