Click here for information on Add/Drop for 2015/2016.
This page will be updated with any corrections, time changes, new courses and cancellations throughout the year as new information becomes available. Please check back regularly to view any new announcements.
Gender, Law & Policy (S)
For a complete list of confirmed speakers and paper titles, click here.
Introduction to Risk Management & Compliance
This course has been added to the fall 2015 schedule. Please be advised that Maggie Weir will be unable to teach the course as planned. Babak Boghraty and Professor Tamar Frankel will co-teach the course at the originally scheduled time (Monday/Wednesday, 6:30-8:00). The revised course description is as follows:
Corporate accountability for violations of the law has existed for many years. However, the requirements to self-police and prevent violations have increasingly become more demanding. In addition to focusing self-regulation on specific misconduct, institutions are required to install a system of preventing corporate misconduct. Today, in deciding whether to prosecute a business enterprise, enforcement agencies use two main tests: self-policing systems - that is, systems that prevent violations, and if they occurred, detect and report violations. This course provides a conceptual introduction to “compliance” or “self-regulation” - its genesis; the core legal authorities that define it; and, the new tools for managing legal risk in multinational enterprises. You will learn how an enterprise should and can control legal risk and function well in the expanding global marketplace. We begin by examining the theoretical foundations of corporate accountability: 1) the doctrines of respondeat superior and collective knowledge; 2) the structure and philosophy of the Federal Sentencing Guidelines for Organizations (FSGO); and, 3) the principles that guide federal prosecutorial power and discretion. We then turn to two principal statutes that establish federal oversight of corporate governance: the Sarbanes Oxley Act (SOX) and the Foreign Corrupt Practices Act (FCPA). We chose this aspect of corporate activities because most corporations, even small ones act in a global context; consequently, regulations of this aspect of many functions apply to a variety of specialized businesses. We explore the substantive and jurisdictional provisions of both statutes, particularly their extraterritorial application to agents and partners of multinational enterprises around the world. Please note that different businesses, such as medicine, finance and oil drilling are regulated differently and require different kinds of internal corporate compliance rules and mechanisms. This course offers the general model, which helps understand and follow other substantive areas. Finally, there are the “hands on” self-regulatory functions, on which this course touches generally.In the second half of the course, we focus on how to build an effective compliance and ethics program. Our inquiry has three broad dimensions:
- What does corporate culture mean? What does ethics mean? How are they related to rule enforcement?
- How can corporate leaders build a corporate ethos - an organizational culture - that promotes compliance with the law and ethical conduct at all levels of the corporate structure?
- What, if any, is an enterprise’s social responsibility beyond making profit and serving its shareholders?
- What are the technical requirements of a system that effectively prevents, detects, and reports corporate misconduct?
Welcome to the U.S.-global marketplace!
Jessup Moot Court: Problem Solving in International Law - FULL YEAR COURSE
Cosette Creamer will be advising the 2015-2016 Jessup Moot Court team and teaching the required class. More information about this program and the application process can be found here. The deadline for applications is 8:00 am on Monday, August 17.
Legal Writing for Civil Litigation
Halye Sugarman is unable to teach the Legal Writing for Civil Litigation seminar as originally scheduled. We are pleased that Joshua Orr, an Assistant Attorney General in the Medicaid Fraud Control Unit of the Massachusetts Office of the Attorney General, has agreed to teach the class. Mr. Orr is responsible for the investigation and criminal and civil prosecution of cases involving fraud against the Medicaid Program, kickback arrangements, illegal prescribing, and abuse and neglect of nursing home residents. He also serves as a state litigation team leader in healthcare fraud cases brought under the whistleblower provisions of the federal and state false claims acts.
Prior to joining the Office of the Attorney General, Mr. Orr worked for five years as an associate at Nixon Peabody, LLP, where he specialized in litigation under the False Claims Act and defending healthcare companies and government contractors from government investigations. Mr. Orr began his career as a law clerk to a justice of the Massachusetts Appeals Court.
Due to the instructor change, we have shifted the class time to 6:30-8:30. We regret any inconvenience this may cause.
The Color Line and the Problem of Reparations (S)
This seminar has been added to the spring 2016 schedule. It will be taught by Professor Lyons and will meet on Wednesdays from 2:10 p.m to 4:10 p.m. The course description is as follows:
This seminar examines the role of race and ethnicity in American law and social practice from the early colonial period to the present and in the light of that history it considers the possibility of reparations for those affected by slavery and discrimination. It will focus on the experiences of Native Americans, African Americans, Asian Americans Latinos Americans, and some immigrant groups, and will address such issues as the history of reparations, their aims and forms, who might have a valid claim to reparations, and how reparations might reasonably be funded. Readings will include A Different Mirror by Ronald Takaki, Reparations: Pro and Con by Alfred Brophy, and other historical and legal materials.
Seminar members will take turns initiating discussion by addressing the issues set for a given seminar meeting. A term paper will be required on an approved topic: a complete and polished draft will be revised in light of comments received. Grades will primarily be based on the final version of the term paper, with consideration given to contributions to seminar discussions.
This seminar is open to law students, philosophy graduate students, and advanced philosophy majors. As it originates in the Law School, it will follow the Law School’s calendar and time schedule. ENROLLMENT LIMIT: 8 students.
Comparative Criminal Law: The Police State (S)
This seminar has been added to the spring 2016 schedule. It will be taught by Professor Creamer (http://www.bu.edu/law/faculty/profiles/visiting.shtml) and will meet on Wednesdays from 4:20 p.m to 6:20 p.m. The course description is as follows:
The term `police state' is often used to describe governments that exhibit elements of totalitarianism and exercise rigid controls over the social, economic and political life of their population. In this respect, police states are recognized by the laws and policies they enact and the effects of these laws and policies on citizens, more so than any given characteristic of the government structure itself. Under such laws and policies, which emerge within both democratic and non-democratic regimes, citizens experience restrictions on their mobility and liberty, and on their freedom to express or communicate political or other views. This course seeks to develop a framework for understanding why different regimes adopt laws and policies that could be characterized as repressive, totalitarian or `police state policies.' In particular, the course will explore: the conditions under which and legal mechanisms through which governments adopt these types of practices; what explains the durability or fragility of these laws and policies; the international and domestic political and legal limitations to their adoption; and how these practices spread globally. The course is divided into three parts. The first part establishes the framework employed throughout the course for understanding the conditions under which restrictive policing practices are adopted. The second part examines in depth three categories of police state policies: detention regimes; enhanced interrogation techniques; and policing of non-violent or violent forms of protest and insurgency. For each policy-category, one week will focus on the adoption of such practices within democratic states and one week on their adoption within non-democratic states. Particular consideration will be given to the legal limitations (both domestic and international) on their adoption. The final part of the course entails an in-depth case study of policing practices within the United States. Classes will consist of a combination of lecture, discussion, and simulations. Each student will choose from one of the following to satisfy the writing requirement for the course: a seminar paper on an approved topic; a certification paper on an approved topic; or three short (10-page) papers analyzing each of the three categories of policing practices. LIMITED WRITING REQUIREMENT: A limited number of students may be permitted to satisfy the upper-class writing requirement.
Compliance and Risk Management
This course has been added to the spring 2016 schedule. It will be taught by Ms. Greenwood and Ms. Weir and will meet on Mondays and Wednesdays from 6:30 p.m to 8:30 p.m. The course description is as follows:
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.
Compliance in Financial Services Co.
This course has been canceled for the spring 2016 semester.
Mr. Ray Wilson will be unable to teach the spring 2016 section of Corporate Finance as planned. Kathryn Griner, a master lecturer at BU’s Questrom School of Business, will teach the course at the originally scheduled time (Monday/Wednesday, 2:10- 3:40). You may view Ms. Griner's profile on the Questrom site: http://questromapps.bu.edu/mgmt_new/Profiles/GrinerKathryn.html
Criminal Law, Civil Order: Policing in the 21st Century (S)
This course has been added to the spring 2016 schedule. It will be taught by Professor Coakley and will meet on Mondays from 4:20 p.m to 6:20 p.m. Student interested in adding this class should email Aida Ten by November 2. 3Ls will have priority in regsitration, and all registered students will be notified after November 3. The course description is as follows:
This course will examine the roots of civil policing in the United States, with an emphasis on the last sixty (60) years of Federal and State Court decisions that address a range of issues such a stop and frisk, search and seizure, and use of force. We will examine the efforts of courts and legislation to balance the need for order with the recognition of individual and civil rights. What roles do local community policing and theories like "broken windows" play in the delivery and perception of criminal justice? How much do Federal priorities and funding drive law enforcement initiatives? What role have victim witness advocacy groups played in legislation and other impacts on policing and the courts? What roles do gender and race play among all the actors: victims, defendants, and police institutions? The course will examine remedies available for police misconduct, especially excessive use of force, including Internal Affairs, Civilian Review Boards and Sec. 1983 law suits. Most classes will include a guest with experience on the issue and/or co-teacher. Each class will require a short written and oral argument presentation. There will be a final project with an oral and written component. Attendance and participation will factor into the final grade. ENROLLMENT LIMIT: 15 students. 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.
Environmental Justice Practicum (C)
JD766 (A1, B1)
Clinical Programs has introduced a new offering for students enrolled in the Environmental Justice course and other interested students. To enroll, you must receive approval from the instructor, Ms. Hill. The description is as follows:
Through the Environmental Justice Practicum, J.D. students receive credit for completing an environmental justice-related legal project for a Boston- based environmental law organization. Environmental Justice is defined as the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws and policies. In spring 2016, students will work on environmental justice related projects on behalf of either the Conservation Law Foundation or Alternatives for Community and Environment. Sample potential projects include researching and tracking a childhood lead poisoning bill in the Massachusetts State House, and analyzing the impact of the Governor's regulatory initiative on low-income communities. Throughout the semester, students will work both under supervision of an attorney at the partner organization and under the supervision of Professor Pam Hill. Practicum students must attend six class meetings with Professor Hill. Depending on the nature of the project and as determined at the outset of the semester, students will receive either 1 (section A) or 2 (Section B) graded credits. Each credit requires students to spend a minimum fifty hours on practicum work during the semester. The practicum may be completed in conjunction with the Environmental Justice Law course (JD 722) or independently. Students must receive permission from Professor Hill to enroll. Interested students should contact Adrienne Smith at firstname.lastname@example.org and Professor Hill at email@example.com.
Health Care Transactions(S)
This seminar has been scheduled on Mondays from 4:20-6:20. It will be taught by Mr. Michael Lampert and Ms. Dianne McCarthy.
Health Insurance and the Affordable Care Act (S)
This seminar has been canceled for the spring 2016 semester.
National Security Law (S)
This class will now be taught as a seminar, rather than a course. It has been scheduled on Mondays from 4:20-6:20.
The meeting time for this course has been changed to Mondays from 6:30pm-9:30pm.
Supervised Research & Writing
Students are reminded of the option to enroll in a Supervised Research & Writing project (Independent Study) with any of our Law School faculty. If you are interested in the topics of arbitration, conflict of law, international tax and finance, comparative law, professional/judicial ethics, and interaction of law and religion, Professor Park is available to supervise several projects in the spring 2016 semester (you will have the option to begin work now, and continue into the spring). Please contact him (firstname.lastname@example.org) for more information.