Intellectual Property Courses

Intellectual Property Law focuses on three core legal areas in patent, copyright, and trademark law, as well as the law of unfair competition and trade secrets. BU Law offers an Intellectual Property Concentration. Please note that some courses are not offered every year.

Foundational Courses

4 credits

Copyright is one of the major legal regimes governing art, software, information, and entertainment, and its rules deeply affect how the internet operates. This course is a policy and skills-oriented study of federal copyright law. Much of copyright policy can be clarified by using some basic tools from economics and philosophy; these analytic tools will be taught during the course, and no prior knowledge is required. As for skills, the course focuses on two: how to tackle and master a complex set of interrelated statutory provisions, and how to articulate legal principles orally in a way that would be comprehensible to an untutored judge. Rather than having a predominant lecture format, the course puts student analysis at its center. The course will cover the exclusive rights granted to creators of "original works of authorship", the authorial subject-matters eligible for federal copyright, the nature of an infringement action, and defenses such as fair use. In addition, students will be expected to master at least one detailed, statute-governed topic such as duration (how long do rights over a given work of authorship remain in private hands before becoming free for all to copy) or the inalienable right of termination (how authors can retrieve their copyrights despite having signed contracts indicating that they have sold all rights). The course also examines some state rights, such as the 'right of publicity' and 'quasi-property rights against the misappropriation of data', for purposes of exploring how these state doctrines interact with, or are pre-empted by, federal copyright law. GRADING NOTICE: This class will not offer the CR/NC/H option.

FALL 2017: LAW JD 952 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 11:00 am 12:15 pm 4 Wendy J. Gordon LAW 209
Fri 10:30 am 11:45 am 4 Wendy J. Gordon LAW 209

4 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 2017: LAW JD 857 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 8:30 am 10:30 am 4 Michael J. Meurer LAW 103
SPRG 2018: LAW JD 857 B1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:10 pm 4:10 pm 4 Staff

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.

FALL 2017: LAW JD 870 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:15 pm 3:40 pm 3 Michael J. Meurer LAW 209

3 credits

This course will examine the precepts of trademark and unfair competition law. We will investigate issues of ownership, protectability, misappropriation, and infringement in the context of words, symbols, slogans, product design and trade dress. The course also will handle related issues, depending on class interest, such as: trademark's common law roots, false and comparative advertising, parody, the right of publicity, the First Amendment, a comparison of how copyright and trademark treat 'functional' designs, and the challenge of applying trademark laws in the Internet context. In addition to a 3-hour final exam, all students will be required to complete a short memorandum dealing with trademark clearance and registration issues. GRADING NOTICE: This course does not offer the CR/NC/H option.

SPRG 2018: LAW JD 780 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 3:40 pm 3 Stacey Dogan

Copyright Law Courses

4 credits

Copyright is one of the major legal regimes governing art, software, information, and entertainment, and its rules deeply affect how the internet operates. This course is a policy and skills-oriented study of federal copyright law. Much of copyright policy can be clarified by using some basic tools from economics and philosophy; these analytic tools will be taught during the course, and no prior knowledge is required. As for skills, the course focuses on two: how to tackle and master a complex set of interrelated statutory provisions, and how to articulate legal principles orally in a way that would be comprehensible to an untutored judge. Rather than having a predominant lecture format, the course puts student analysis at its center. The course will cover the exclusive rights granted to creators of "original works of authorship", the authorial subject-matters eligible for federal copyright, the nature of an infringement action, and defenses such as fair use. In addition, students will be expected to master at least one detailed, statute-governed topic such as duration (how long do rights over a given work of authorship remain in private hands before becoming free for all to copy) or the inalienable right of termination (how authors can retrieve their copyrights despite having signed contracts indicating that they have sold all rights). The course also examines some state rights, such as the 'right of publicity' and 'quasi-property rights against the misappropriation of data', for purposes of exploring how these state doctrines interact with, or are pre-empted by, federal copyright law. GRADING NOTICE: This class will not offer the CR/NC/H option.

FALL 2017: LAW JD 952 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 11:00 am 12:15 pm 4 Wendy J. Gordon LAW 209
Fri 10:30 am 11:45 am 4 Wendy J. Gordon LAW 209

3 credits

This seminar will focus on the varied legal doctrines that influence both the business and practice of Entertainment Law. Some of the primary topics include issues involving publicity rights and the use and control of image, celebrity and promotion issues, defamation and free speech, invasion of privacy, copyright including infringement and dispute and other general contractual relations surrounding the entertainment field. The course will also explore the practical aspects of entertainment law such as complicated litigation issues involving jurisdictional and venue concerns, client counseling and negotiations and other ethical concerns raised in the course of representation of your client. This course will not focus on sports entertainment or any other specific labor-related organizations. There will be no final exam. Grades will be based upon papers and class participation. NOTES: This class does not satisfy the upper-class writing requirement. ENROLLMENT LIMIT: 18 students. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2017: LAW JD 905 A1 , Sep 7th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 3 Jerrold G. Neeff LAW 418

General Courses

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: 16 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 2017: LAW JD 900 A1 , Sep 5th to Dec 5th 2017
Days Start End Credits Instructors Bldg Room
Tue 2:10 pm 4:10 pm 3 Keith N. Hylton LAW 417

3 credits

This seminar will focus on the varied legal doctrines that influence both the business and practice of Entertainment Law. Some of the primary topics include issues involving publicity rights and the use and control of image, celebrity and promotion issues, defamation and free speech, invasion of privacy, copyright including infringement and dispute and other general contractual relations surrounding the entertainment field. The course will also explore the practical aspects of entertainment law such as complicated litigation issues involving jurisdictional and venue concerns, client counseling and negotiations and other ethical concerns raised in the course of representation of your client. This course will not focus on sports entertainment or any other specific labor-related organizations. There will be no final exam. Grades will be based upon papers and class participation. NOTES: This class does not satisfy the upper-class writing requirement. ENROLLMENT LIMIT: 18 students. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2017: LAW JD 905 A1 , Sep 7th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 3 Jerrold G. Neeff LAW 418

6 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Entrepreneurship & IP Clinic. The Entrepreneurship & IP Clinic if a full-year clinic that provides students the opportunity to perform work for real clients on a variety of matters typically encountered by entrepreneurs in launching new business ventures, such as choice of entity, capital structure, equity allocation and compensation, intellectual property ownership and licensing, financing and employment arrangements. Students will also learn, through their first-hand client work, the ethical rules of professional responsibility regarding entity representation, including identification of the client, identifying potential conflicts of interest, and advising clients and associated persons as to the nature and implications of the attorney-client relationship. In addition to their fieldwork, students attend a weekly seminar that develops concepts and skills to support their fieldwork. The seminar features substantive lectures, student-led discussions and guest speakers, and students present and discuss their ongoing client matters. The clinic meets for two semesters, with more advanced seminar topics and increased responsibility for cases occurring in the spring semester. PRE/CO-REQUISITE: Corporations. Students are also strongly encouraged to take Contract Drafting and some intellectual property coursework (the IP survey course and/or other subject-matter-specific courses). NOTE: This clinic 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 724 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 2:10 pm 4:10 pm 6 Gerard P. O’ConnorSamuel Taylor LAW 702
SPRG 2018: LAW JD 724 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Wed 2:10 pm 4:10 pm 6 Gerard P. O’ConnorSamuel Taylor

3 credits

This seminar will explore the ways in which the Internet has challenged both the theory and the law of intellectual property. Rather than broadly surveying the landscape, we will closely examine a cluster of topics that have especially challenged courts, legislatures, and theorists. Particular topics will be determined prior to the start of class, but might include: copyright law's treatment of intermediaries (such as YouTube, file sharing services, and online service providers); the obligations of auction sites and other online services to police trademark infringement by their users; the scope of fair use protection for user-generated content; and patent protection for Internet-related technologies and business methods. Grades will be based on a combination of written exercises (required each week) and oral presentations (required once for each student). Student participation is required, and will be taken into account in the grade for the course. In lieu of the short papers, it is possible to write a paper that satisfies the Upper-class Writing Requirement. PREREQUISITE: All students must have completed a core Intellectual Property course (Intellectual Property, Patent Law, Copyright Law, or Trademark Law). 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 2017: LAW JD 791 A1 , Sep 11th to Dec 4th 2017
Days Start End Credits Instructors Bldg Room
Mon 10:40 am 12:40 pm 3 Stacey Dogan LAW 417

1 credits

Intellectual property is a multi-faceted area of practice where it is especially important to be able to keep up with current developments. Students will become familiar with practitioners' tools as well as learning the role of legislative history, sources for securing intellectual property rights and patent and trademark searching. Legal information and technologies are constantly changing, and firms are constantly licensing new databases. Become familiar with the specialized tools used by lawyers in intellectual property practices. Classes will combine instruction and hands-on exercises using major print, electronic, and web based resources for intellectual property law research. NOTE: This class satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement. NOTE: Students may not add this course after the first class has been held. This course meets January 16 through February 27.

SPRG 2018: LAW JD 733 A1 , Jan 16th to Feb 27th 2018
Days Start End Credits Instructors Bldg Room
Tue 10:40 am 1:00 pm 1 Shira Megerman

3 credits

This seminar will intensely examine a small number of topics from the frontier of intellectual property law ("IP"). I will invite several intellectual property scholars to present their works-in-progress. Students will be required to read the works in advance, and will be assigned additional reading as appropriate. The scholars will present their scholarly articles, and students will respond with questions, comments and critiques. The seminar's goals are treble: for students to deepen their substantive knowledge of IP law, for students to increase their abilities to participate in, and potentially publish their own work in, scholarly debate, and for scholars in the midst of the publication process to improve their papers through the input of the workshop group. Students must have taken or be currently enrolled in a course in IP, Copyright, Patent, or Trademark. Students who have not taken such a course (or who are not enrolled currently in such a course) must obtain the permission of the instructor. The seminar is open to JD and LLM students, and to students outside the law school. Overall enrollment is tentatively capped at 18; students beyond that number can be admitted with the permission of the instructor. Students have the option of writing many short response papers, or of writing a single in-depth paper in IP. NOTE: This course cannot be used to fulfill 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 2018: LAW JD 776 A1 , Jan 22nd to Apr 23rd 2018
Days Start End Credits Instructors Bldg Room
Mon 4:20 pm 6:20 pm 3 Erik Hovenkamp

3 credits

International law is increasingly important to domestic lawyers every day. This is as true in intellectual property as in any field. Regulation of intellectual property is a cornerstone in the globalization of modern trade and commerce. In order to harmonize intellectual property laws, more and more countries sign up to multilateral agreements regulating these laws. However, jurisdictional differences still exist and affect this process. This course examines international agreements and comparative laws on intellectual property and ways in which the intellectual property laws of the United States relate to those of other nations. Topics will include securing and enforcing rights in trademarks, copyrights and patents under international regimes and in various jurisdictions, and the interplay between intellectual property, international trade and culture, and Internet-related issues. The course is designed to afford students who intend to practice in IP an acquaintance with key international IP principles and policy issues. The course will impart understanding in these areas using materials such as treaties, cases and commentary. The course will treat international and European intellectual property separately, and will focus on the major international systems related to each substantive IP area. The course is open to all students but it is helpful if students have completed or are enrolled in an IP survey course, or to LLMs with some intellectual property experience. LIMITED WRITING REQUIREMENT OPTION: A final exam will be offered in the course, but as an alternative, 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: 16 students.

3 credits

The number of transactions worldwide involving intellectual property has skyrocketed in the past ten years, as increasing numbers of businesses seek to monetize their patent, copyright, trademark and trade secret assets. As a result, licensing has developed into distinct legal practice. This seminar will focus on the various practical legal and business issues that arise in patent, software, trade secret and trademark licensing (and - time permitting - music licensing) including contract law and intellectual property concerns as well as the effect of antitrust, bankruptcy and international law on these transactions. Prior coursework in intellectual property law would be useful, but is not required, as the course will include a segment on IP basics. The course will not include an exam or paper; instead, the course will be arranged in a workshop format, in which students will draft, edit, and revise various license agreements and related documents in response to case studies that are based on actual transactions. ENROLLMENT LIMIT: 10 students. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the upper-class professional skills requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

This course will examine the theory, practice, and interrelationship of trade secret law and the law of restrictive covenants, including laws governing the use and enforceability of noncompetition agreements. We will explore what a trade secret is, what it is not, how it differs from other types of intellectual property, and how something secret can constitute protectable property. We will investigate how trade secrets can be misappropriated, including misappropriation through one's memory; whether and in what circumstances trade secrets will be protected, including through the use of noncompetition agreements, nondisclosure agreements, and other restrictive covenants; the other purposes served by those agreements; and the strengths and weaknesses of the various laws governing the protection of trade secrets and the use of restrictive covenants. Depending on class interest and time, we may discuss related issues such as the current debate over the use of noncompete agreements and their putative effects on innovation. NOTE: This course satisfies the upper-class professional skills requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. 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 793 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 6:30 pm 8:30 pm 2 Russell Beck

Patent Law Courses

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.

FALL 2017: LAW JD 870 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:15 pm 3:40 pm 3 Michael J. Meurer LAW 209

3 credits

This seminar will examine all aspects of U.S. patent litigation, beginning with pre-filing considerations such as standing, jurisdiction, and choice of law, and ending with the appeal. Particular attention will be given to pleadings, claim construction, discovery, and motion practice, as well as the methods of proving invalidity, unenforceability, and infringement. The course will also consider trial preparation techniques, trial practice, the role of technical experts, and the remedies available in patent cases. Students will be evaluated based primarily on two writing projects. The first project will require students to draft a litigation-related document (such as a claim construction brief or summary judgment motion) in a simulated patent case. The second project will be an academic research paper on a patent litigation-related issue to be chosen by the student. In-class presentations and class participation will also be taken into account in calculating each student's grade. No scientific or technical background is required to enroll in this seminar, and there are no formal prerequisites. However, prior or concurrent exposure to civil procedure and to patent law (such as through the Patent Law course or the Intellectual Property course) will be helpful. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this class.

3 credits

This seminar examines various aspects of U.S. patent practice including prosecution processes, strategies, post-grant options, business and ethical considerations, and management of international patent portfolios. PREREQUISITE-COREQUISITE: Intellectual Property, Patent Law, or permission of the instructor. NOTE: This class may be used to satisfy the Professional Skills requirement. 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 939 A1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 3 Geller

Related Courses

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 2018: LAW JD 838 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue,Thu 10:40 am 12:40 pm 4 Keith N. Hylton

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 and counts toward the 6 credit Experiential Learning 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 2017: LAW JD 788 A1 , Sep 11th to Dec 4th 2017
Days Start End Credits Instructors Bldg Room
Mon 4:20 pm 6:20 pm 3 Jonathan Guest LAW 702
FALL 2017: LAW JD 788 B1 , Sep 11th to Dec 4th 2017
Days Start End Credits Instructors Bldg Room
Mon 4:20 pm 6:20 pm 3 Emmy Hessler LAW 419
FALL 2017: LAW JD 788 C1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 4:20 pm 6:20 pm 3 Thomas P. Harrison LAW 519
FALL 2017: LAW JD 788 D1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 6:30 pm 8:30 pm 3 Carla Moynihan LAW 518
FALL 2017: LAW JD 788 E1 , Sep 7th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 3 Young M. Park LAW 416
FALL 2017: LAW JD 788 F1 , Sep 7th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Thu 6:30 pm 8:30 pm 3 Robert M. Schlein LAW 519
SPRG 2018: LAW JD 788 A2 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 3 Carla Moynihan
SPRG 2018: LAW JD 788 B2 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 6:30 pm 8:30 pm 3 John F. Cohan
SPRG 2018: LAW JD 788 C2 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Wed 6:30 pm 8:30 pm 3 Neal S. Winneg
SPRG 2018: LAW JD 788 D2 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg Room
Thu 10:40 am 12:40 pm 3 Cecily Banks

3 credits

The seminar examines why law might give authors limited rights to control uses that other people make of their work, and how such rights can or should be cabined by the public's right of free speech. We will examine how IP policy arguments are structured, focusing on Locke's theory of property and economic explanations of law. The seminar will also analyze how both "rights theory" and constitutional law doctrine treat collisions between private property rights and public civil rights. Assignments will include several short papers, as well as oral and written exercises. A limited number of third-year students may satisfy the Upper-class Writing Requirement. Second-year students wishing to write cert papers may be given the option of doing an independent study in the Spring term. No prerequisites are necessary, but you will enjoy the course most if you have taken copyright, trademark, or the intellectual property survey. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course will 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

3 credits

This course will examine the free speech, free exercise and establishment clauses of the First Amendment. About two-thirds of the course will focus on speech, including such topics as political speech (including campaign finance regulation), commercial speech, and expression in the public forum. The final one-third of the course will focus on religion, including such topics as freedom of religious practice, religion in schools, and religious displays and symbols.

SPRG 2018: LAW JD 839 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:30 pm 3:55 pm 3 Jay D. Wexler

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 2017: LAW JD 802 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 2:10 pm 4:10 pm 3 Frances H. Miller LAW 519

3 credits

This course is designed to give students a broad overview of the law--domestic, foreign, and international--governing international business transactions. With the significant growth in international commerce and trade, and the forces of economic and social globalization, lawyers will increasingly confront international legal issues during their professional careers. This course will focus on the legal problems encountered in business ventures that cross national borders. Topics include formation of contracts, choice of law, financing the international sale of goods through letters of credit, regulation of international trade, the organizations and operations of the institutions of the World Trade Organization, foreign investment, international dispute settlement, and international transfer of intellectual property. GRADING NOTICE: This course does not offer the CR/NC/H option.

SPRG 2018: LAW JD 842 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 3:35 pm 3 Rebecca Ingber

4 credits

This course will offer a basic survey of contemporary international law. It will teach students the minimum that every lawyer should know about the major issues of public international law and policy that influence current events and modern legal practice. It will also provide a foundation for those interested in further study of particular topics covered. We will consider both the historical "law of nations" and post-World War II developments, which have shifted the fulcrum of the system from an exclusive focus on the rights and duties of states inter se to a broader focus on all the diverse participants in the contemporary international legal process: not only states but intergovernmental and nongovernmental organizations, insurgents, multinational business enterprises, terrorist and criminal associations, and individuals. Specific topics will include: (i) the history, nature, sources and efficacy of international law; (ii) the establishment, transformation and termination of states and other actors, including international institutions and, in particular, the United Nations; (iii) the domestic incorporation of international law, with a focus on key concepts of U.S. foreign relations law; (iv) the allocation among states of jurisdiction to prescribe and apply law, as well as jurisdictional immunities; (v) human rights, the laws of war, and international criminal law; (vi) the allocation of control over and regulation of the resources of the planet, including the law of the sea, territory, the environment, and the global economy; and (vii) the use of force. The role of power in the international legal system will be candidly acknowledged--and the problems and opportunities it presents explored. Current international events will be woven into the curriculum as appropriate. Examination. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2017: LAW JD 927 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Rebecca Ingber LAW 101

3 credits

The first half of this seminar surveys the origins and development of the WTO, with emphasis on the WTO legal process and its interaction with U.S. trade agencies. It explores the philosophical underpinnings of free trade and its impact on developed, developing, and least developed countries. Each session compares U.S. and EU approaches to trade regulation. Meanwhile, in consultation with the instructor and Law Library staff, students develop individual research projects and produce thick outlines. The second half of the semester is devoted to students' presentations of their work in progress. A polished paper is expected of each student by the end of the exam period. Shorter response papers may also be required. A limited number of second-year law students will be allowed to satisfy the upper-class writing requirement through this seminar with the instructor's approval (first come, first served). GRADING NOTICE: This class does not offer the CR/NC/H option.

SPRG 2018: LAW JD 858 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Wed 10:40 am 12:40 pm 3 Daniela Caruso

3 credits

The Law and Economics Seminar is a research workshop. Class sessions will alternate between (1) lectures on selected topics in microeconomic theory and empirical methods, including methodology commonly used in law and economics scholarship, and (2) presentations of working papers by outside speakers (typically faculty members from other institutions). The specific legal topics considered will vary depending on the interests of the speakers, but all paper presentations will focus on application of economics concepts and tools to legal and regulatory issues. Students are responsible for preparing short memoranda that respond to the presented papers. Final grades depend on attendance and participation. NOTES: This class does not satisfy the upper-class writing requirement. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar (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 940 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 4:20 pm 6:20 pm 3 Kathryn Zeiler LAW 410

3 credits

This seminar will survey a range of legal issues presented by sports in America. There are no pre-requisites. However, students should be prepared to learn and apply basic principles of antitrust law and labor law. Intellectual property law, constitutional law, administrative law, anti-discrimination law, contract law and tort law also will be applied. Topics will include the regulation of the professional sports labor market. The course also will treat the regulation of agent representation of athletes, the regulation of sports franchises and sports leagues, and the regulation of intercollegiate sports, with special attention to the NCAA. Grades will be based on client-directed writing and on oral class participation, including an advocacy presentation. Some students may satisfy the Upperclass Writing Requirement. There is no examination. 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. ** 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.

3 credits

This seminar explores how modern technology disrupts many of the customs and principles upon which our laws and institutions for national security have evolved. The advancement of modern technology is changing the nature of how we perceive and defend against security threats across all domains. Attacks can be launched in ways that national borders and other conventional defenses cannot easily stop, and the proliferation of privacy enhancing cryptographic tools provides virtual refuge for threat actors to congregate, coordinate and conspire. At the same time, the state has mobilized the use of new technologies--expanding, and indeed, redefining, surveillance capabilities--to predict, prevent and defend against threats in the modern era. This course will focus on a series of historical and contemporary challenges posed by a range of technologies to the government's administration of security and justice, and the solutions implemented or proposed by the state in response. The objective is to contextualize and deepen our understanding of the substantive and institutional questions that arise from the modern day "going dark" problem, in order to facilitate sound policy and good politics in areas that are devoid of law. Topics for discussion may include, but are not limited to: the use of cryptographic tools to evade government surveillance; government proposals for "backdoor" access to people's devices and data; the use of government hacking as a surveillance tool; and the use of machine learning to predict and prevent threat incidents. No technical knowledge is required. NOTES: This class does not satisfy the upper-class writing requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2018: LAW JD 849 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue 10:40 am 12:40 pm 3 Ahmed Ghappour

3 credits

Biotechnology and Pharmaceuticals are two of the fastest growing industries in the U.S., and the legal issues that arise in connection with representing them are complex and evolving. This seminar will focus on the transactional, intellectual property, and regulatory legal issues that challenge lawyers working with clients in these industries. We will begin with an overview of these industries, including a basic review of the sciences underpinning them (intended for non-scientists). We will then delve into complex legal issues such as licensing, collaborations, and consortium building; academic-industry interactions; the drug and biologic regulatory approval process; issues arising in clinical trials; and legal issues arising in the manufacture and distribution of life sciences products. If time permits, we will also examine the medical device industry and the ways in which that industry differs from the biopharmaceutical industry. In lieu of an exam, students will prepare a 25 page, journal-worthy article addressing a legal topic of the student's selection. PREREQUISITE: No scientific background will be required, but students will benefit from prior or contemporaneous coursework in intellectual property. 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. NOTE: This seminar satisfies the upper-class Professional Skills requirement. This course may not be used to satisfy both the Writing and Professional Skill requirements. GRADING NOTICE: This course does not offer the CR/NC/H option. 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.

SPRG 2018: LAW JD 907 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Wed 6:30 pm 8:30 pm 3 Luba Greenwood

2 credits

This two-credit Legal Research and Writing seminar is required for LL.M. students in the American Law program and optional for students in the LL.M. programs in Banking and Financial Law and Taxation. It is specifically designed to introduce foreign lawyers to the basic principles of American legal writing. In small class settings and individual conferences, students receive guidance on drafting and editing memoranda and agreements. Their work is critiqued and rewritten. The research component of the seminar trains students to locate cases, statutes and secondary material through indexing systems and the latest computer technology. Research assignments are integrated into writing assignments -- exposing students to the methods of US legal analyses -- so that by the end of the term, students obtain the skills needed to write memoranda appropriate for submission to US law firms.

FALL 2017: LAW JD 893 A1 , Sep 11th to Dec 4th 2017
Days Start End Credits Instructors Bldg Room
Mon 6:00 pm 7:15 pm 2 Richard A. Sugarman LAW 416

4 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Technology and Cyberlaw Clinic. The Clinic provides counseling and guidance to assist MIT and BU students with laws and regulations that relate to their innovation-related academic and extracurricular activities. The clinic provides counseling in areas of technology law including data privacy and security, intellectual property, computer crimes, regulatory compliance, and public records laws. Representation of clients can include client counseling, negotiation with third parties, and, if capacity allows, litigation and other dispute resolution. The fieldwork may also include presentations to MIT and BU students and faculty about areas of law that are implicated in independent research and innovation. PRE/CO-REQUISITE: a course in one of the following three areas: (1) intellectual property (either an IP survey course or other core IP course such as patent, copyright, or trademark); (2) privacy (including information privacy seminar); or (3) cybersecurity. NOTE: The Technology & Cyberlaw Clinic 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 725 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
ARR TBD TBD 4 Andrew Sellars
SPRG 2018: LAW JD 725 A1 , Jan 16th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
ARR TBD TBD 4 Andrew Sellars

2 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Technology and Cyberlaw Clinic. This is the fall classroom component to the Technology & Cyberlaw Clinic. The seminar introduces students to the lawyering skills (including interviewing, counseling, negotiation, drafting, etc.) that will help them in counseling client innovators. From a substantive legal perspective, the course will likely involve an in-depth study of statutes, case law, and scholarly articles addressing law and technology issues, including advanced topics in intellectual property, computer crimes, and data privacy. NOTE: The Technology & Cyberlaw Clinic 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 866 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 2:10 pm 4:10 pm 2 Andrew Sellars LAW 518

2 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Technology and Cyberlaw Clinic. This is the spring classroom component to the Technology & Cyberlaw Clinic. The seminar expands upon the lawyering skills and substantive legal discussions from the first semester, and will focus on questions of national policy as they relate to technology, including national control over technical information, academic privacy and freedom, and emerging cybersecurity regulation. NOTE: The Technology & Cyberlaw Clinic 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 869 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Wed 2:10 pm 4:10 pm 2 Andrew Sellars

3 credits

The Telecommunications Law and Policy course will survey the legal regime in the United States for regulating the provision of telecommunications services via over-the-air broadcast, cable, satellite, telephony, and the Internet. The primary legal framework will be the Communications Act of 1934, as amended from time to time by Congress, administered by the Federal Communications Commission, and interpreted by the federal courts. Starting from the 1934 Act's separate regimes for regulating the broadcast and telephone industries, the course will trace the regulatory evolution responding to the rapid technological changes in the provision of electronic communications that have caused distinctions among industries and services to blur or even disappear. Topics to be explored will include: legal standards and procedures for allocating radio spectrum and licensing of broadcasters, expansion of broadcast regulation to cover cable and satellite technologies; rate and entry regulation of telephone service as a "natural monopoly," followed by gradual deregulation as the industry evolved to a competitive structure; legal efforts to limit undue concentration of the media through both structural (cross-ownership) regulations and antitrust principles; and regulation of structure and service-provision features of the Internet, with special attention to the contemporary "net neutrality" debate. Time permitting, some attention may also be given to topics in direct regulation of telecommunications content, including policies for promoting "public interest" content and for restricting indecent or violent content. The course instruction will assume a background in Administrative Law and a basic understanding of the First Amendment Free Speech Clause. It will not require any background in intellectual property nor cover (except perhaps in passing) any topics in intellectual property law. PREREQUISITE: Administrative Law.

SPRG 2018: LAW JD 995 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:10 pm 3:35 pm 3 Colin S. Diver

Trademark & Unfair Competition Courses

3 credits

This course will examine the precepts of trademark and unfair competition law. We will investigate issues of ownership, protectability, misappropriation, and infringement in the context of words, symbols, slogans, product design and trade dress. The course also will handle related issues, depending on class interest, such as: trademark's common law roots, false and comparative advertising, parody, the right of publicity, the First Amendment, a comparison of how copyright and trademark treat 'functional' designs, and the challenge of applying trademark laws in the Internet context. In addition to a 3-hour final exam, all students will be required to complete a short memorandum dealing with trademark clearance and registration issues. GRADING NOTICE: This course does not offer the CR/NC/H option.

SPRG 2018: LAW JD 780 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 3:40 pm 3 Stacey Dogan