Course & Seminar Descriptions

4 credits

For over a century, administrative agencies have taken a massive role in government, carrying out extensive executive, legislative and adjudicatory roles. Indeed, working in many fields of law -- from environmental law, tax law to criminal law, requires an extensive understanding of how administrative agencies operate, and how private entities communicate, operate and, if necessary, challenge their decisions. This is the universal experience of all developed nations. This course focuses on federal administrative agencies, exploring their nature and functions and the various legal controls on their action. Among the topics covered are the status of administrative agencies in the constitutional framework of separation of powers; agency rulemaking and adjudication; and the availability, timing, and scope of judicial review of agency action. Time permitting, some comparative legal viewpoints will be presented.

3 credits

Administrative Law II is designed for students who have had the first year required course in Administrative Law, or its equivalent. In addition to some review of Administrative Law basics, this course will go into depth on subjects not covered in the first year course including the availability of judicial review (standing, ripeness, mootness and reviewability), adjudication, freedom of information, open meetings requirements, pre-emption of state law, licensing and ratemaking procedure and government liability under the Federal Tort Claims Act. There will also be in depth coverage of some issues covered in the first year course such as statutory interpretation methodology in the administrative state, the place of administrative agencies in the government and standards of judicial review including Chevron and its alternatives. PREREQUISITE: Administrative Law.

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. ENROLLMENT LIMIT: 16 students 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 are required to attend the first meeting to be considered for enrollment. Meeting dates -- October 10 to November 14, 2018.

3 credits

In this seminar, we will examine constitutional questions concerning (1) the acquisition and loss of citizenship status, and (2) the privilege or right of entry into the United States. Specific topics will include birthright citizenship, derivative citizenship, immigration, naturalization, expatriation, denationalization, denaturalization, and citizenship in the United States territories. Throughout, we will consider the extent to which constitutional guarantees of equal protection and due process apply in the fields of citizenship and immigration law. For example, is racial profiling permissible in the administration of our immigration laws? We will also examine how structural constitutional principles -- federalism and separation of powers -- shape American citizenship and immigration law. For example, did President Obama have the authority to issue the "Deferred Action for Childhood Arrivals" Executive Order, or does the Constitution require congressional approval for such policies? What role may state (as opposed to federal) officials play in the enforcement of our immigration laws? Although our readings will primarily focus citizenship and immigration in the United States, we will also draw on comparative and international law materials. Options for satisfying the writing requirement include one longer paper or three medium-length papers. A limited number of students may be permitted to satisfy the upper-class writing requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course will focus on several currently pressing U.S. constitutional topics and issues. We'll begin with two more general doctrinal areas -- standing and "political question" doctrine -- that underlie our current issues. Among the more particular issues we're likely then to consider are: (1) standards for executive privilege; (2) ongoing court challenges to President Trump's continuing business interests under the Constitution's Emoluments Clauses; (3) various issues related to presidential impeachment, both in general and as applied to President Trump; (4) the question whether a sitting President may be indicted for a crime, both in general and as applied to President Trump; (5) recent constitutional challenges to North Carolina's and Texas's packages of election-law reforms (including Voter ID); and (6) the Supreme Court's opinions, expected by June 2018, in two challenges to partisan gerrymandering (Wisconsin and Maryland). GRADING NOTICE: This class will not offer the CR/NC/H option.

3 credits

The Fourteenth Amendment provides that, among other things, no State shall "deprive any person of life, liberty, or property, without due process of law ... nor deny to any person within its jurisdiction the equal protection of the laws." This course will explore the meaning that the U.S. Supreme Court has given to these relatively innocuous words. Specifically, the first half of the course will be an examination of the birth, death, reincarnation, and continued life of substantive due process. The second half of the course will be an examination of the Court's equal protection jurisprudence. Canonical cases examined during the semester include The Slaughterhouse Cases, Lochner v. New York, Plessy v. Ferguson, Brown v. Board, Roe v. Wade, Planned Parenthood v. Casey, Whole Woman's Health v. Hellerstedt, Lawrence v. Texas, Grutter v. Bollinger, and Obergefell v. Hodges. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. GRADING NOTICE: This class will not offer the CR/NC/H option.

2 credits

In this class students will be exposed to how legal research functions in practice. The research projects will be designed to highlight major legal research tools in both online and print formats. The projects will feature tasks such locating court documents, doing a legislative history, finding agency regulations and guidance, doing state specific research with practice series, researching an unfamiliar area of the law using secondary sources, as well as learning to use Lexis/Nexis, Westlaw and Bloomberg Law in a cost effective manner. Most classes will have an assignment and some will be longer projects such as a client letter, a research memo for a supervisor and all will include a research log. There will be an exam where the students must do several short research assignments with a research log. The objective of the class is for students to become comfortable completing simple and complex research in a work setting. NOTE: This class counts toward the 6 credit Experiential Learning requirement. 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 are required to attend the first meeting to be considered for enrollment.

3 credits

The purpose of this seminar is to provide students with the opportunity to improve their writing, editing and communication skills. Students will prepare a variety of practice related documents based on a single fact pattern. Some legal research will be necessary, but the emphasis will be on writing, not on research. Students will also have the opportunity to edit other students' papers, with the goal of improving their own writing skills. Actors will perform a scenario for the class, from which students will extract the pertinent facts. From this fact pattern, students will draft an inter-office memo, a letter or memo to a non-lawyer client, and a trial or appellate brief. Students will also engage in simulated client interviewing and counseling sessions, as well as a simulated meeting with a supervisor. Students will be graded on the basis of their written work, editing work on their classmate's papers and on their classroom performance. There will be no final exam. NOTES: This class does not satisfy the upper-class writing requirement. This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. ENROLLMENT LIMIT: 14 students. ** 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 focuses on developing the critical lawyering skills needed to succeed on the Multistate Performance Test (MPT) of the Uniform Bar Exam -- and to succeed in the practice of law: the ability to analyze and apply relevant law to specific factual situations to perform a lawyering task in writing. As with the MPT, students will be assigned lawyering tasks, which may include writing a memorandum to a supervising attorney, a client letter, a persuasive memorandum or brief, a statement of facts, a contract provision, a settlement proposal, and the like. Students will work from source files containing facts and other material, and will receive a collection of legal sources with sufficient substantive information to complete the task. The class does not teach research skills or substantive law. Rather, it focuses on developing analytical and writing skills in the American legal tradition. The class will also expose students to specific writing approaches, outlining and issue spotting techniques, and time management strategies. Enrollment is limited to 14 foreign-trained lawyers enrolled in the American Law Program. **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 intensive seminar takes an integrated approach to civil and criminal procedure, evidence, and trial practice to teach the current trial techniques at work in our courts. Taught at the United States District Court itself, the course involves in-court observations, specific critique of actual trial presentations, and seminar discussion of all aspects of procedure, trial preparation, evidence, and trial practice. A term paper on some aspect of the trial process is required. While neither evidence nor trial practice is a formal prerequisite for this course, they are recommended. The goal of the seminar is to enhance the quality of judgment, exposition, and fact-law teaching a lawyer exercises on behalf of the client in the trial environment. The first class meeting will take place at the Law School -- Date/Time TBA. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

The seminar will combine a focus on: 1) public policy issues related to the goals of creation of affordable housing in the context of community revitalization; and 2) real-world implementation strategies that have been successfully used to achieve these goals. Analyzing the roles of government agencies, non-profit organizations, neighborhood groups, and private businesses will be a key part of the seminar. In lieu of a traditional exam or term paper, students will engage in field research and investigation of real community projects as part of semester long case studies, where they will work with lawyers, government officials, developers and grass-roots advocates involved with the projects. The relative utility of traditional legal techniques (such as land use planning devices, zoning, easements, revolving trusts, leasehold covenants and financing) will be carefully analyzed; the policies and impact of federal, state and local laws, including federal and state affordable housing financing programs and the Community Preservation Act in Massachusetts, will be examined; and possible new approaches will be considered. By incorporating real-world projects into the seminar, it is hoped that the interface of law, economics, planning, design, and construction disciplines will enable the problems to be analyzed from a variety of perspectives reflecting a client's and a community's practical concerns. 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

Reich: The goal of this course is to learn about legal dispute resolution options other than trials and to develop and improve your negotiation skills through theory and practice. In this highly interactive class students will examine a variety of dispute resolution processes, including negotiation, mediation, arbitration, and other judicial and non-judicial processes and compare their differences. Over the course of the semester, students will engage in a series of exercises (i.e., role-plays) through which they can develop and hone their skills and approaches to dispute resolution. There will be short written assignments as well as a longer paper due at the end of the semester. No final exam. ENROLLMENT LIMIT: 16 students. NOTE: This course counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. RESTRICTION: Students may not enroll in both Alternative Dispute Resolution and Negotiation (JD921). Bamford: The goal of this course is to improve your ability to resolve disputes and to productively engage in conflict. In this highly interactive class, students will examine a variety of dispute resolution processes, other than traditional court adjudication, including negotiation, mediation, arbitration, dispute system design and restorative justice. Over the course of the semester, students will engage in a series of exercises (i.e., role-plays) through which they can develop and hone their skills and approaches to dispute resolution. Discussion and short lectures will accompany the exercises, as appropriate. There will be short written assignments as well as a longer paper due at the end of the semester. No final exam. ENROLLMENT LIMIT: 16 students. NOTE: This course counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. RESTRICTION: Students may not enroll in Alternative Dispute Resolution and Negotiation (JD921).

3 credits

The goal of this course is to improve the ability of internationally-trained LL.M. students to resolve disputes and to productively engage in conflict. In this highly interactive class, students will examine a variety of dispute resolution processes, other than traditional court adjudication, including negotiation, mediation, arbitration, dispute system design and restorative justice. Over the course of the semester, students will engage in a series of exercises (i.e., role-plays) through which they can develop and hone their skills and approaches to dispute resolution. Discussion and short lectures will accompany the exercises, as appropriate. There will be a series of short written assignments (2-3 pages). No final exam. ENROLLMENT LIMIT: 18 students.

3 credits

Selected topics in 19th- and 20th-century U.S. legal history. We will first explore the role of the legal profession in four public controversies: the authority of English common law after the American Revolution, slavery and racism, women's rights, and organized labor. We will then turn our attention to various methodologies for interpreting legal change: formalism, realism, law and economics, critical legal studies, and feminist jurisprudence. Readings (which will be plentiful) are drawn from primary sources (cases, speeches, and treatises) and secondary literature (articles and books). Students can either write a research paper or complete a take-home examination. Research papers may, but need not, fulfill the Writing Requirement.

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).

2 credits

This is an experiential course that examines the skills and strategies that are the foundation of effective appellate advocacy. It will focus on the selection and presentation, both written and oral, of persuasive arguments in complex cases, with emphasis on the substantive and procedural issues legal practitioners encounter when representing clients at both the trial and appellate levels. Students will be learn to analyze trial court records, identify grounds for appeal and evaluate their likelihood of success; select, prioritize and present issues persuasively in briefs and oral argument; and reflect on and self-evaluate their performances on oral and written work. PREREQUISITE: Evidence is recommended but not required. ENROLLMENT LIMIT: 12 students NOTE: This course counts toward the 6 credit Experiential Learning requirement.

3 credits

This class is restricted to third-year students who applied and were accepted as directors of the BU Law Moot Court programs (Stone and Albers). NOTE: This class may be used to satisfy the Upper-class Writing requirement.

2 credits

This course provides an introduction to and overview of the banking and financial services industry under US law and where US laws intersect with international banking supervision structures and principles. The course focuses on US banking structures and regulations, with an emphasis on the public or regulatory policies behind the laws and regulations. Recent US legislation in the Dodd-Frank Act and recent international reform initiatives such as Basel III receive close scrutiny. The course addresses a range of safety and soundness rules, permissible activity issues, chartering and merger activity procedures and capital and liquidity requirements. The course also addresses administrative procedures including bank examination and supervision, the regulatory supervisory process and bank enforcement actions. Students are asked to do significant reading and to participate in classroom discussion about course subject matter and to be aware of current developments in the financial services industry. This is a required course for all students studying for the degree of Master of Laws in Banking and Financial Law.

2 credits

This course examines bankruptcy and related state law from the point of view of secured and unsecured creditors. The course begins with survey of individual state law collection remedies and non-bankruptcy composition and liquidation schemes. The balance (and bulk) of the course focuses on the rights, obligations and procedures created by federal bankruptcy law. Topics addressed include: the automatic stay, the use and protection of collateral during the pendency of a bankruptcy case, the avoidance of pre- bankruptcy transfers as preferences and fraudulent transfers, the treatment of executory contracts and unexpired leases, debtor-in-possession financing, asset sales and the negotiation and confirmation of a plan of reorganization that is binding on all creditors. Finally, the course will discuss recent !? bankruptcy reform!? legislation, which affects both corporate and consumer bankruptcies.

4 credits

This course focuses on corporate reorganization and corporate finance. We will study the legal requirements for reorganization plans under Chapter 11 of the Bankruptcy Code, as well as the use of going concern sales outside of Chapter 11. We will study important doctrinal issues relating to reorganization of corporate groups, including substantive consolidation and equitable subordination. We will investigate avoidance actions in bankruptcy, including preferences and fraudulent conveyance, and the treatment of pre-bankruptcy contracts. Other topics include the financing of corporate debtors in bankruptcy and workouts and duties to creditors outside of bankruptcy. Finally, we will also introduce and ultimately master some basic tools of corporate finance--present value, expected value, and risk and diversification. GRADING NOTICE: This class will not offer the CR/NC/H option. PREREQUISITE: Business Fundamentals. PREREQUISITE/COREQUISITE: Corporations. SUGGESTED COURSES: Secured Transactions; Commercial Lending.

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.

0 credits

Introduction to Business Fundamentals is an online, self-paced, asynchronous program forming a required part of the JD curriculum. The curriculum consists of modules covering business basics, corporate finance and financial accounting, including the following subjects: capital markets; the basics of financial reporting; balance sheets; income statements and cash flow; business forms and organizations; financing organizations; discounting; and calculating risk, return and valuation. Assessment is based on multiple choice exams. Students may opt-out of the course if they score an 84% or better on the pre-course exam. A score of 70% or better on the post-course exam, following successful completion of the course, is necessary to meet the requirement. GRADING NOTICE: This course awards no credits and is graded P/F. It is a graduation requirement for JD students. Students may enroll in the program for the fall, spring or summer semesters, but should complete the course by the conclusion of the fall semester of the 3L year.

3 credits

This course will provide an overview of business immigration law, with a particular focus on how various federal administrative agencies are engaged in shaping a complex, multidisciplinary immigration law ecosystem for employers. In addition to a substantive overview of nonimmigrant and immigrant visa classifications throughout the course, we will explore how immigration laws are informed by, and overlap with, other key areas such as corporate and securities law, employment and labor law and tax law. Topics will include entity formation of new businesses; visa challenges in entrepreneurship; immigration obstacles faced by multinational businesses; immigration consequences of mergers and acquisitions; the intersection of business immigration with employment laws; enforcement trends targeted at employers; and the role of the IRS and tax laws in business immigration. We will also briefly review administrative law basics, explore the parameters of executive power in shaping business immigration law, and examine the plenary power of the President over immigration. Throughout the course, we will discuss how debates about outsourcing, unemployment and national security, among others, inform a complex national discussion about business immigration. We will also identify, examine and discuss core professional responsibility issues that arise in business immigration practice. There are no prerequisites for this course. There is no writing requirement, but there will be weekly quizzes and a final examination. Class attendance and participation are essential.

2 credits

This course introduces lawyers to the economics of financial markets and institutions. Emphasis is placed on the interaction of commercial banks, the Federal Reserve System, and monetary policy. Other topics include the characteristics of financial instruments (such as Treasury securities, corporate stocks and bonds, and secondary market mortgage-backed securities), how they are priced in the market, the factors determining the level and shape of the Treasury yield curve, and the relationship between commercial banking and the growth of the over-the-counter derivatives market. Course grades will be based on midterm and final examinations, and on written assignments.

3 credits

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

3 credits

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

3 credits

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

4 credits

This course is about civil and criminal enforcement of constitutional rights and other federal rights against government officials. The primary focus is on civil rights litigation in federal courts against state officials under the civil rights statutes passed in the wake of the civil war, including 42 U.S.C. ? ?1983, 1981, 1982 and 1985 on the civil side and 18, U.S.C. ?? 242 and 249 on the criminal side. The criminal segment of the course will be taught by an Assistant United States Attorney in charge of the Public Corruption and Special Prosecutions Unit and the Civil Rights Enforcement Team in the District of Massachusetts. Criminal issues include prosecutions of police officers for violating the civil rights of arrestees and hate crimes. On the civil side, we will examine the rights that give rise to civil rights action and, to a lesser extent, the scope of those rights. The kinds of cases include police brutality, unlawful searches and seizures and discrimination in government jobs. The issues that arise include many statutory questions, such as identification of proper parties to 1983 actions, and judge-make defenses, such as official and state immunities from damages actions and injunctive suits. We will also look at federalism and eleventh amendment limitations on congressional power and federal court remedial power in 1983 actions, although coverage of these issues will not be as thorough as in Federal Courts. The standards for holding local governments liable for damages will also be examined. Our major foray into the substance of constitutional rights will be with regard to the role of state remedies and defendant's state of mind for fourteenth amendment procedural due process violations. We will also look at substantive constitutional rights such as police brutality, medical care for prisoners and detainees, high speed police chases and other similar areas. There will also be some coverage of remedies against federal officials directly under the constitution and remedies against private individuals for civil rights violations. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

2 credits

The purpose of this seminar is to provide students with the opportunity to develop client counseling skills needed to deal with a wide variety of clients and their various legal problems. The focus of the seminar is on foundational skills necessary to successfully work with clients in identifying client interests and goals at the outset of a matter, and in discussing and analyzing strategic options and new developments as matters progress. This seminar is designed for students to learn by engaging in mock client counseling interviews and other group exercises. Accordingly, much of the time will be filled with practice interviews and discussion of strategies for how to navigate client interviews and meetings. ENROLLMENT LIMIT: 16 students. NOTES: This seminar does not satisfy the upper-class writing requirement. This class counts toward the 6 credit Experiential Learning requirement. ** A student who fails to attend the initial meeting of a seminar (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

Climate change is the most important environmental issue of this century. It has generated major law and policy over the last several years, both in the United States and internationally, and presents significant legal and policy issues that remain unresolved. This seminar will examine the legal tools available to address climate change and possibilities for future action, as well as related challenges in light of the current political landscape. The seminar first will consider the international context and review the history of climate change efforts on a global scale, including the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the 2015 Paris Agreement. It will then focus on currently available U.S. authorities, including the Clean Air Act and executive branch powers, and on state and local efforts. Because there is no statute that addresses climate change head-on, the seminar will consider the challenges presented when a major policy concern is advanced in the absence of a firm statutory foundation. Climate change also raises important issues of human rights, environmental justice, and international and intergenerational equity, which will be examined. Finally, the seminar will look to the future and pose questions concerning expectations for international cooperation and possible developments in U.S. law and policy. There are no prerequisites. The grade will be based on class participation and papers. NOTE: This class does not satisfy the Upper Class writing requirement. 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.

2 credits

This course studies the legal problems involved in negotiating and documenting various types of commercial lending transactions ranging from short-term unsecured loans to secured and long-term financings. The process is followed from the initial identification of a lending opportunity to pre- commitment correspondence and commitment letters, through to the key documents required at closing. The major aspects of a loan agreement, including definitional provisions, representations and warranties, lending provisions, pricing, affirmative and negative covenants, and events of defaults are studied in detail in an effort to insure that each student understands the mechanics of a commercial loan agreement. Security interests in real estate and personal property are addressed. Loan syndications and the loan markets are examined. Issues relating to guaranties and subordination agreements are considered. Overviews of Chapter 11 bankruptcy and lender liability are provided. Provisions of the Bank Holding Company Act relating to financing transactions, legal lending limits, margin requirements, and usury are considered. A lecture and discussion format is employed. Reading assignments include relevant court decisions, articles, and actual transaction documents.

2 credits

This course considers different solutions adopted by nine industrialized countries (Australia, Canada, France, Germany, Japan, the Netherlands, Sweden, the United Kingdom, and the United States) to common problems in income tax design. It responds to the need for a broader understanding of the way that tax matters are handled in different countries as business transactions become increasingly global. The course presents a policy-focused overview of variant tax treatments in individual, business (corporate and partnership) and cross-border transactions. The intent is not to develop an expertise in any one, or any group of tax systems, but rather to provide a comparative knowledge base upon which a further, in-depth inquiry can be based.

Online section not open to JD students.

3 credits

This seminar is an introduction to comparative law's themes and methods. Accordingly, the seminar is organized in two parts. The readings selected for the first part present theoretical articulations and practical applications of the main methodological approaches relied upon by comparative lawyers. Participants will become acquainted with the "mechanics", as well as the broader implications, of the various ways of comparing: functionalism, structuralism, culturalism, postmodern neo-culturalism and critical comparative law. The materials discussed in the second part explore how these different methodologies play out in recent and heated comparative law debates. Participants will be asked to reflect over the common law-civil law dichotomy and its implications for the debate over the European Civil Code as well as for projects of harmonization, such as the World Bank's "Legal Origins" study; the circulation of legal rules and institutions and the export of constitutional models in Eastern Europe and Iraq; the ambiguous relation between US and European legal cultures and the debate over different ideas of "privacy"; the "West" and the "Orient" in family law reform. ** 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.

4 credits

This course covers U.S. laws governing global trade and finance. We will examine the compliance obligations of multinational enterprises pursuant to U.S. export controls, sanctions, AML and terrorist-financing laws. Key focuses of the course will be the extraterritorial scope of U.S. laws, and techniques for mitigating legal risk in transnational business operations. Students will learn how to: 1. Identify and assess legal risk in transnational trade and financial operations; 2. Build compliance programs that effectively mitigate such risk; and, 3. Manage interactions between multinational enterprises and U.S. enforcement agencies.

2 credits

The course is a survey of the key areas of compliance. The course will examine implementing and maintaining a compliance program. Topic areas to be covered include: U.S. Foreign Corrupt Practices Act; the Office of Foreign Assets Control; Bank Secrecy Act; Privacy; Investigations; Whistleblower Rates; Information Reporting/Disclosure; Insider Trading Policies; Code of Ethics; Audit; Conflict of Interest; Management Reporting; Internal Reporting/E- Discovery/Record Retention.

3 credits

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

2 credits

Survey of the U.S. income taxation of corporations filing consolidated tax returns. Provides a general understanding of the consolidated return regulations and enables students to identify tax issues involving corporations filing or wishing to file consolidated returns. The application of the consolidated return regulations to complex business transactions is considered. Prerequisites: Federal Income Taxation I, Federal Income Taxation II, and Introduction to Corporate Tax, or equivalent experience.

2 credits

This course will introduce students to the key concepts of construction law. The course takes students from pre-construction through project execution, and addresses the issues and conflicts that frequently arise during the construction process. Although portions of the course will address issues of contract law and dispute resolution, the course focuses on issues that are particular and unique to construction. GRADING NOTICE: This course does not offer the CR/NC/H option.

2 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students in the Practicum provide pro bono representation to low income defendants in small claims court on credit card collection matters. Students engage in client interviewing and counseling, negotiation, and oral advocacy including small claims trials, under the supervision of the clinic instructors. Students must be available to be at court on Thursday afternoons. In addition, there is a weekly seminar that covers substantive topics and skills development in areas related to the clinic work such as consumer law including Truth in Lending, Fair Debt Collection Practices Act and the Massachusetts Consumer Cost Credit Act. NOTE: The Consumer Debt Practicum counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option.

2 credits

This class presents an overview of the laws relating to traditional and innovative consumer financial products and services, including the impact of the new consumer protection provisions of the Dodd-Frank banking law on creditors and consumers. The course focuses on federal consumer financial laws governing installment, revolving, and real estate lending, credit and debit cards; and ATM networks, point of sale payment systems, home banking, stored value and prepaid cards; and other deposit and loan products and services. The course examines the design of retail financial products and considers operational issues, the regulatory framework, and consumer protection laws including The Consumer Financial Protection Act, Truth in Lending, Equal Credit Opportunity, Community Reinvestment Acts, and federal and state laws governing fair credit reporting, trade practices, usury, electronic funds transfers, and funds availability.

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 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.

2 credits

This is an introductory course on US contract law specifically designed for foreign-trained LLM students from civil law traditions. Its goal is to prepare non-common law lawyers to work effectively with US counsel when structuring and negotiating contractual terms and provisions. The class brings a practical perspective to the topics covered in a traditional first-year contracts course: the fundamentals of contract formation, enforceability, defenses to enforceability, interpretation, performance, conditions, third party rights, damages, and other remedies. In addition to receiving foundational exposure to the main U.S. contract law topics, students will examine how contract law principles affect real-world US legal practice in a range of settings. Comparisons to civil law traditions will be made to elucidate doctrinal concepts and practice considerations. As a result, students will gain a deeper understanding of the practical and cross-cultural issues to consider when working with (or against) US counsel. Enrollment is limited to LLM students from non-common law backgrounds who have not taken the fall semester four- credit JD or LLM contracts class.

4 credits

This course will use the case method to examine legal and equitable remedies for enforcing contracts, determining what promises are enforceable, elements of assent, standards of fairness and restrictions on bargaining process, and tests for performance and breach. Designed for students preparing to sit for the bar, this course will focus on those areas emphasized on the multi-state, New York, and Massachusetts bar exams. GRADING NOTICE: This class will not offer the CR/NC/H option.

4 credits

Copyright law is a federal statutory regime that connects to crucial issues in culture, competition, and science. Copyright's rules deeply affect literature, music, visual art, software, information, entertainment, and how the internet operates. In addition to its substantive coverage, the course will train you in how to interpret and apply a complex statute and its judicial overlay. The course covers several topics. (1) A central issue is how to construe the exclusive rights that federal copyright law grants to creators of "original works of authorship". These include rights over copying, rights to control public performance, and rights over the public's ability to adapt existing works to new purposes. The course will also address (2) the subject-matters eligible for federal copyright, including the special difficulties posed by works that-- like computer programs or furniture design -- have 'functions' beyond conveying information and affecting human perceptions. Also on offer will be investigating (3) the nature of an infringement action, (4) the policies served and dis-served by copyright, and (5) the limitations and exceptions to copyright (such as the doctrine of "fair use") which can protect free speech and other goals from copyright over-reach. The course also examines some state rights, such as the 'right of publicity' and 'hot news misappropriation'. The course particularly explores how these state-law doctrines interact with, or are pre-empted by, federal copyright law. GRADING NOTICE: This class will not offer the CR/NC/H option.

Var credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is the companion fieldwork component for students enrolled in the Corporate Counsel Externship: Seminar. Students will work at legal offices of corporations in unpaid or paid placements. Students will receive 3-9 variable P/F credits for working at their placements. Each credit requires 50 hours of work over the course of the 13-week semester (averaging 4 hours per week). NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement.

2 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is a 2-credit graded seminar for those students doing fieldwork in Corporate Counsel offices that meets every week for 1.5 hours. The seminar will cover a range of topics and competencies essential to legal practice in the corporate counsel offices of corporations, such as the modern role of in-house counsel; representing and becoming a trusted advisor to the internal corporate client; upholding confidentiality and ethical standards; learning the client's business; communicating effectively in a business setting; collaborating with others; and solving problems to further the client's strategic objectives. To maximize the students' growth over the semester, the seminar will also teach students how lawyers learn from practice, build strong supervisory relationships, reflect and self-assess, and set and measure progress on professional development goals. Students will write reflective papers, make oral presentations, and complete other work as required by the instructor. NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement.

3 credits

This course covers the foundations of corporate finance. It starts with the concepts of time value of money, discounting, and present value. With that background it then considers the major financial decisions made by corporate managers. Topics include the valuation of financial assets and liabilities, criteria for making investment decisions, business valuation, relationships between risk and return, portfolio theory, market efficiency, capital structure choice, and cost of capital. GRADING NOTICE: Professor Sims' section will not offer the CR/NC/H option.

3 credits

Public corporations play a central role in the U.S. economy and society. The impact of these corporations depends in large part on how they are governed. This course will explore the central issues in the governance of these corporations. These include for whose benefit corporations are operated; the balance of authority between managers and shareholders; how different governance structures affect the short-term and long-term value of the corporation; the effects of hedge funds and other shareholder activists; and the social and environmental responsibility of corporations. The course will examine the key constituencies in these debates: managers, directors, and investors, especially institutional investors like mutual funds, pension funds, and hedge funds. The course will consider the objectives and the behavior of each of these groups, and the laws and practices that shape their actions. The course will feature a variety of outside speakers with different perspectives on corporate governance, including representatives of corporations, investors, and their advisers. There will be no exam. Instead, students will submit comment papers on readings and discussions. GRADING NOTICE: This class will not offer the CR/NC/H option. PREREQUISITE/COREQUISITE: Corporations. NOTES: This class does not satisfy the upper-class writing 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.

3 credits

This course will cover key issues in corporate governance. While basic concepts and principles will be addressed, including the relevant legal framework and the roles of different players such as Boards of Directors, management and shareholders, the emphasis will be on current developments in this important and rapidly evolving field. The course will include lectures and in-class discussion, as well as role-playing exercises intended to present students with "real-world" situations faced by practitioners in the corporate governance field. Homework assignments will focus substantially on recent experiences of U.S. public corporations. Drafting assignments will include sample client memos, proxy disclosure, written presentations to Boards of Directors and reaction papers. Readings will include current articles, whitepapers, policies, SEC filings and website postings. We will also study relevant statutes, SEC rules, case law and commentaries. We will have governance experts representing multiple constituencies as guest instructors. The course grade will be based on drafting assignments, contributions to in-class activities and thoughtful participation in class discussions. ENROLLMENT LIMIT: 15 students. PREREQUISITE: Corporations. GRADING NOTICE: This course does 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 are required to attend the first meeting to be considered for enrollment.

2 credits

Income tax considerations relating to corporate tax free reorganizations including: review of the requirements for tax free treatment of acquisitive and time permitting divisive reorganizations; review of the tax treatment to all relevant parties to the transaction; consideration of special problems associated with certain types of reorganizations. Prerequisite: Introduction to Corporate Tax. Note: Limited enrollment.

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. PREREQUISITE: Business Fundamentals. GRADING NOTICE: The CR/NC/H option is only offered in Professor Marks's section.

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: This class will not offer the CR/NC/H option.

3 credits

This seminar will critically examine selected issues in the practice of American criminal justice. Topics may include a selection from the following list: racial dimensions of policing, prosecution, and incarceration; family and community impact of criminal justice policies and practices; the capacity of the poor to find justice in the criminal system; police violence and culture; sentencing law and practice; plea bargaining; prosecutorial discretion; police discretion; drug law and policy (including mandatory minimums and the war on drugs); prisoners' rights; solitary confinement; cruel and unusual punishment (including sentences of life without parole); prison violence/rape; racial segregation in prison; prison overcrowding; privatization of prisons; alternatives to prison. We may also look at comparisons with criminal justice systems in other countries and avenues for reform. Students will make presentations to the group and execute substantial written assignments. GRADING NOTICE: This class will not offer the CR/NC/H option. LIMITED WRITING REQUIREMENT: A limited number of students may elect to use this course to fulfill the upper-class writing 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.

3 credits

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

3 credits

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

4 credits

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

4 credits

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

3 credits

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

5 credits

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

8 credits

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

Var credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice II is for students in their second semester of the Program and who have been assigned to the Prosecutor section. Students act as prosecutors in the Quincy District Court on behalf of the Norfolk County District Attorney's Office, handling felony and misdemeanor cases of increasing complexity under the supervision of the clinical professor. Students are exposed to a wide variety of experiences, including investigation, interviewing and trial advocacy. Students handle pretrial matters, litigate evidentiary hearings, and are assigned to conduct every phase of jury or bench trials. Students collaborate but serve as the lead prosecutors on their own cases. Case assignments are based upon an individual assessment of a student's progress and demonstrated competence. Students in the Prosecutor Clinic may choose to enroll for 5 or 8 credits. Those receiving 5 credits must be available to be in court for a full day on Monday, Tuesday or Thursday. Those receiving 8 credits must be available on an additional half day on Monday, Tuesday or Thursday. NOTE: The Criminal Clinical Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

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

3 credits

This seminar explores the utility of Critical Race Theory to the study of law. Specifically, this seminar analyzes the centrality of the law in constructing and maintaining -- as well as dismantling -- racism, racial inequalities, and race itself. The latter part of the seminar will consist of a sustained analysis of Critical Race Theory as it speaks to issues of gender and reproduction. Students will write a research paper; with the permission of the instructor, this paper may satisfy the upper-class writing requirement. 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.

1 credits

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

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.

3 credits

This seminar will explore the history, origins, and principal theories of democratic government and the role and meaning of the rule of law within democratic polities. We will scrutinize conflicting conceptions of democracy, threats to the emergence and survival of democracy, value tradeoffs within democracies, and the meaning of the rule of law within a democratic framework. Topics may include social contract theory; (U.S.) constitutional, parliamentary, and other forms of democracy; the economic, social, and cultural prerequisites for democracy; the role of social norms, ideology, and civic virtue; conceptions of the rule of law and individual rights within the framework of majoritarian government; the influence of disparate power and wealth; contemporary challenges, and the future of democracy. Current events will be woven into the curriculum and class discussion. NOTE: A limited number of students will be permitted to satisfy the upper-class writing requirement with this seminar. 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.

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 and secondary), 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 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 QST 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.

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.

3 credits

This seminar considers the legal and policy framework of K-12 public education. During the first two-thirds of the meetings, we will study the historical development of public education; school desegregation and resegregation; school finance; federalism, localism, and accountability efforts; achievement gap and equity reforms such as school choice, charters, and vouchers; single-sex public education and other identity-based public schooling; commitments to students with disabilities; and bullying. For the final third of the course, students will work in pairs to develop a topic for further research, evaluation, and problem-solving, and present their work in person and in writing to the class. Students will leave this course with a foundation in substantive education law and policy, and develop and practice the following skills: oral communication, written communication, law and policy analysis, and collaboration. This is a reading and writing intensive course. 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.

3 credits

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

3 credits

This seminar will introduce LLM in American Law Program students to the roles and responsibilities of in-house legal counsel. Students will investigate the skills and characteristics that contribute to successful and effective practice as an in-house counsel and explore the similarities and differences between in- house legal practice and outside legal practice. Topics will include: the relationship between in-house counsel and his/her client; in-house counsel's role in adding value to his/her organization; advising and counseling clients; fact gathering and investigation; managing an in-house legal practice; selecting and managing outside counsel; and the ethical challenges of in-house counsel. This will be a hands-on course focused on practice skills development. In role-plays, students will step into the shoes of in-house counsel to address a variety of situations that in-house counsel face. Students will engage in simulations, make presentations and complete substantial written assignments. Enrollment limited to 18. There are no pre-requisites for this class. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment

2 credits

Understanding the differences between Medicare and Medicaid. Exploring the operation of a Durable Power of Attorney and a Health Care Proxy in connection with the admission of a loved one to a nursing home. A walk through the Federal and corresponding Massachusetts Medicaid Regulations as they relate to: understanding what is a countable and non countable asset for Medicaid eligibility purposes: exploring the five year look back period versus the period of ineligibility resulting from disqualifying transfers along with related exceptions to these rules; discuss real estate as a countable and non countable asset including the different treatment of a primary residence, vacation home and rental properties along with ways to convert these countable assets to non countable assets; last minute planning techniques with annuities and personal care contracts; understanding the drafting and operation of Medicaid Irrevocable Trusts including a complete analysis of the Income, Gift and Estate Tax consequences of using these trusts from Grantor Trust rules to step up in basis, use of life estates along with real life fact patterns that explain the planning opportunities and related pitfalls to be avoided.

3 credits

This course examines the law that organizes democratic processes of election and decision-making. After considering the historical struggle for minority enfranchisement and the Supreme Court's first forays into redistricting and reapportionment, we move to more contemporary topics, including: (1) the constitutional role and rights of political parties, (2) campaign-finance law (with special attention to Citizens United and the DC Circuit's equally important decision in SpeechNow.org), (3) the connection of race and political participation under the Voting Rights Act, (4) the new wave of "vote denial" cases in the last few years, (5) the changed understanding of "racial gerrymandering" under the Constitution, (6) the Supreme Court's decision in Bush v. Gore, and (7) the constitutionality of partisan gerrymandering. GRADING NOTICE: This class does not offer the CR/NC/H option.

4 credits

The course focuses on race, sex, age, and disability employment discrimination prohibitions. Affirmative action, religious discrimination, constitutional protections of public sector workers, anti retaliation and whistleblower laws, common law protection against arbitrary dismissals, the FMLA, and the FSLA are also covered. Important procedural issues, including arbitration, also are treated. RESTRICTION: Students who enrolled in Employment Discrimination (JD 853) may not register for this course. Students who enrolled in Employment Law (JD 834) may register for this course.

3 credits

Energy law and policy are integral to the U.S. economy and have major impacts on the environment. This seminar will provide an overview of U.S. energy law and policy with an emphasis on the sources and regulation of electric energy. We will pay particular attention to emerging alternative energy sources, e.g. wind, solar, biomass, as well as new technologies, e.g. horizontal fracking for the development of natural gas. We will consider the division of regulatory authority among federal, state, and local governments. Students will have the opportunity to enhance their research, writing, and oral presentation skills and receive detailed feedback. There are no pre-requisites to the course other than a curious mind and interest in the subject matter. LIMITED WRITING REQUIREMENT: A limited number of students may elect to use this course 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.

3 credits

This course will cover the history of the common law in England from the late twelfth century to the time of the American Revolution. We will study the development of the legal profession, its doctrines, and its techniques in five areas: procedure, criminal law, property, contract, and tort. The readings emphasize primary sources, and students will give presentations in teams on historical documents handed out in class. Students can either write a research paper or complete a take-home examination. Research papers may, but need not fulfill the Writing Requirement. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule.

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.

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 is 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 counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to LLM students who have formally applied to and been accepted to the Entrepreneurship & IP Clinic. The Entrepreneurship & IP Clinic is a single-semester clinic that provides LLM 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. PRE/CO-REQUISITE: Corporations. Students are also strongly encouraged to take some intellectual property coursework (the IP survey course and/or other subject-matter-specific courses). GRADING NOTICE: This course does not offer the CR/NC/H option.

4 credits

This is an introductory survey course in environmental law. Topics include clean air, clean water, hazardous waste regulation and cleanup, and the protection of endangered species. Administrative Law is recommended but not required as a prerequisite.

Var credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Environmental Law Practicum. Students receive credit for completing environmental law-related legal projects for a Boston-based environmental law organization, such as the Conservation Law Foundation and Alternatives for Community and Environment. Projects will vary in scope and content based on student interest and the needs of the partnering organization. Project topics include clean energy, clean water, and environmental justice, which concerns the intersection of civil rights, fundamental fairness, and environmental policy. Students may also have the opportunity to work on litigation-related matters. Throughout the semester, students will work both under the 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. Students receive either 1 or 2 graded credits depending on the nature of the project and the anticipated workload. NOTE: This clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

This seminar will examine selected issues in environmental law with an emphasis on their legal and policy implications through interactive case studies and role playing exercises and written assignments. We may address such diverse topics as greenhouse gas and other air emissions from power plants and other fossil fuel sources; administrative and judicial review of the environmental impacts of proposed major projects; legal remedies and defenses under common law and federal statutes for soil and water/groundwater contamination; and liability for pollution of the "waters of the United States". Through the role playing exercises and practice-oriented written assignments, students will gain a focused understanding of key federal environmental laws, regulations and policies and learn how practicing lawyers apply the law to a complex set of facts where there are no black and white answers. We will also discuss front page news developments in environmental law and policy. Because this is a seminar, active participation in discussion and in class exercises will count for a significant part of the final grade. Several written projects, collaborations and presentations will be required throughout the semester. There are no pre-requisites for this course. 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. 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.

2 credits

Regulation of pension and profit sharing plans by the Internal Revenue Code and Employee Retirement Income Security Act, with particular attention to rules applicable to tax-qualified pension and profit-sharing plans, including rules governing the structure of benefits and taxation of contributions and distributions.

2 credits

Principle issues of estate and gift taxation. Topics include the definition of taxable gifts and exclusions and deductions; determination of the taxable estate of a decedent including problems with lifetime transfers; valuation issues; deductions from the taxable estate with special emphasis on property passing to a spouse; and transfers with retained interests. Reference is made throughout to planning issues relating to estate and gift taxation and is designed to give both a requisite background for those intending additional study of estate planning and a comfortable familiarity with the subject for those going on to other tax fields.

2 credits

This course will examine in depth the theoretical and practical aspects of a variety of estate planning strategies currently being used in the real world. The primary focus of the course will be on federal income, estate, gift, and generation skipping transfer tax issues which arise in the estate planning context, although other planning issues, including professional ethics, will also be considered. The course will use case studies of specific tax driven planning strategies, including grantor trusts, marital deduction trusts, post-mortem planning, and planning for incapacity. Prerequisite or corequisite: Federal Income Taxation I and Estate and Gift Tax

2 credits

This course picks up the estate planning course (TX 935) leaves off. We will survey several "cutting edge" estate planning techniques-techniques that permit the transfer of large amounts of wealth at little or no gift tax or estate tax cost. We will zero in on valuation rules that apply to the estate tax and gift tax; we will discuss what to look for in appraisals; we will examine, in depth, the current status of planning involving family partnerships and LLCs; we will examine the rules that apply to GRATs, installment sales to "defective" grantor trusts, and how to structure transfers using these techniques; we will review the biases built into the actuarial valuation rules that the Internal Revenue Service requires us to apply; we will examine the effects of the UPC, the Uniform Trust Code, and will consider "decanting"; we will discuss some of the psychological aspects of estate planning including issues presented by parents' fears of making their children too wealthy too soon; and we will discuss trust design and the choice of trustees. There is no final exam but students will be required to write a 10 -- 15 page term paper. In addition there will be several quizzes throughout the semester. Prerequisite: Estate Planning and Estate and Gift Tax Recommended: Taxation of Trusts and Fiduciaries

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.

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). This seminar is open to law students, graduate students in International Relations and advanced IR majors. As it originates in the Law School, it will follow the Law School's calendar and time schedule. GRADING NOTICE: This class does not offer the CR/NC/H option.

4 credits

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

2 credits

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

2 credits

This 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

Var credits

McClain: This course offers a survey of family law, including case law, statutory law, and the constitutional limitations on regulation of the family. An aim of the course is to introduce students to family law as a dynamic field of law concerning a basic social institution: the family. Family law is a foundational course relevant to many areas of law practice. Students will gain knowledge about how family law intersects with many other fields of law, such as contracts, constitutional law, conflicts of laws, criminal law, property, tax, torts, and trusts and estates, as well as how family law draws on the social sciences. Students will be introduced to the role of negotiation, mediation, and other forms of dispute resolution in the practice of family law. The course will focus on marriage, nonmarital families, divorce, pathways to becoming a parent, and the parent-child relationship. Topics include defining and regulating marriage; formal and informal marriage; cohabitation and alternatives to marriage (such as domestic partnerships); common law incidents of marriage and transformation of the common law; domestic violence; traditional and "no fault" divorce; property division; spousal support; child support; child custody; and regulating parenthood. There will be a final examination. There will also be one short paper and an in-class skills exercise, which will contribute to the final grade. Silbaugh: This survey course will provide an introduction to the legal regulation of the family. The course will focus on the legal regulation and response to both adult and adult- child relationships. Topics covered will include: cohabitation; marriage; civil union; divorce and dissolution of relationships; the financial consequences of divorce including property division and alimony; premarital agreements; the laws governing non-marital relationships; family mediation; child custody, visitation, and parenting plans; child support; paternity; assisted reproductive technologies; and adoption. The course will also cover the interaction between families and the state in related areas of law including employment law and education law. There will be a final examination as well as in-class drafting and negotiation exercises. GRADING NOTICE: Silbaugh section does not offer the CR/NC/H option.

4 credits

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

3 credits

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

2 credits

This course presents a general introduction to the fundamentals of federal income tax, emphasizing issues common to individual taxpayers (but not including the federal income tax aspects of the acquisition, ownership, and disposition of property, which are the subject of Federal Income Taxation II). Topics include an overview of the federal tax system; gross income, inclusions, and exclusions; identity of the proper taxpayer; concepts and categories of deductions; and basic timing principles.

2 credits

Federal income tax aspects of the acquisition, ownership, and disposition of property. Topics include: 1.Realization and recognition, 2.Basis and amount realized, 3.The effects of debt (including its cancellation), 4.Depreciation and amortization, 5.At risk, not for profit, and passive activity loss deductibility limitations, 6.Capital gains and losses, related party transactions, quasi-capital assets and depreciation recapture, and 7.Deferred payment transactions (original issue discount and installment sales). Prerequisite or corequisite: Federal Income Taxation I.

3 credits

This seminar focuses on the ways in which financial institutions should prevent violations of the law. Therefore, the seminar covers: (i) Law, (ii) Institutional culture; (iii) Institutional internal preventive mechanisms. (iv) the role of the lawyer and compliance officers, and (v) how to resurrect failed institutional self-regulation (e.g., NASA). Time permitted, students will present their papers in class for comments. LIMITED WRITING REQUIREMENT: A limited number of students may elect to use this course to fulfill the upper- class writing requirement. RESTRICTION: Students who previously enrolled in Compliance in Financial Services Companies (JD 769) may not register for this seminar. ENROLLMENT LIMIT: 16 students. ** 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 course will survey the regulatory architecture of major U.S. financial institutions, including commercial banks, investment banks, hedge funds, mutual funds, and insurance companies. Understanding the regulatory framework surrounding financial institutions requires situating them within a rapidly evolving political, technological and global context. The course will explore various regulatory mechanisms, such as bank supervision, security disclosures, fiduciary duties, consumer protections, capital requirements, and risk monitoring. The design of these complex governance tools has important implications for the health and stability of the economy, and thus for society. Attendance at the Graduate Program in Banking and Financial Law's three-day program, "Financial Services Basics," is highly recommended. PREREQUISITE: Business Fundamentals. GRADING NOTICE: This class does not offer the CR/NC/H option.

2 credits

Understanding financial statements and reports. The objective of the course is that students will be able to read and understand the four financial statements and the 10-k annual report. Emphasis is placed on understanding the nature and meaning of the reports, as well as the relationship to the underlying transactions. Other topics include: basic accounting principles, US GAAP versus IFRS, financial statement analysis, the relationship of the financial statement information to covenant documents, and accounting gamesmanship. RESTRICTION: Not open to students who have had more than one three-hour college course, or its equivalent, in accounting. GRADING NOTICE: This class does not offer the CR/NC/H option.

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.

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. ENROLLMENT LIMIT: 14 students 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.

2 credits

This class provides an introductory level survey of U.S. constitutional law. Topics will include: the Constitution's impact on fundamental concepts of criminal and civil law; the delineation of spheres of power between the branches of the national government; the role of the judiciary and other institutions in interpreting and applying the Constitution; individual rights; substantive due process; theories of constitutional interpretation; and the practice and meaning of judicial review in a political democracy. Enrollment is limited to LLM students who obtained their law degree outside the U.S. and to students not currently enrolled in the JD four-credit constitutional law class.

3 credits

This seminar provides students a chance to study contemporary issues of gender, law, and policy through the format of a series of presentations of works-in-progress by legal scholars actively engaged in new and important research on such issues. Many legal and social problems implicate gender and gender equality. Gender remains a significant category of analysis in numerous substantive areas of law. Gender equality is also a commitment of domestic law and international human rights law, but gender inequality persists. At the same time, some scholars question the continuing use of gender and other identity categories. We examine cutting-edge issues about gender, law, and policy through a series of seven presentations in which prominent scholars with expertise in the area of gender, law, and public policy present scholarly works-in-progress for discussion with the instructor and students. In alternating weeks, when there is no outside speaker, the instructor and students will discuss the paper that is to be delivered the following week, as well as relevant background reading. Topics vary from year to year, depending on the speakers, but in the past have included: anti-discrimination law, criminal law, corporate board diversity, elder law, employment law, family law, First Amendment (speech and religion), gender identity issues (including transgender rights), health law controversies, international human rights, the intersection of race and gender, masculinity studies, privacy law, reproductive rights, theories of sex difference, and tort law. Students will write a short reflection paper on each scholarly paper and one longer paper (10-12 pages) about one of the seven works. Interested faculty are invited to attend sessions when speakers present their work. NOTES: This class does not satisfy the upper-class writing requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar provides a detailed examination of gender-motivated violence and legal responses. Recently, there has been greater recognition of gender-based injuries within the law and the provision of new, important protections to survivors. However, despite considerable progress, gender-based violence continues to present theoretical and practical questions, such as: To what extent is gender-based violence different than other types of violence? What legal approaches are most effective to address the harms while recognizing that the diverse interests of survivors? How do societal norms related to gender-based violence impact legal remedies? How should courts balance the interests of other parties in such proceedings to ensure that constitutional rights remain intact? This seminar will involve students in a close scrutiny of gender-based violence, including sexual assault, intimate partner violence, and sex trafficking, from legal, theoretical, and sociological perspectives. It will explore the limits of the law in addressing gender-based violence and emerging non-traditional approaches, including problem-solving courts and restorative justice frameworks. It also will examine how the emergence of the #MeToo movement may influence legal responses to gender-based violence. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with 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.

3 credits

This seminar will examine how globalization is reshaping U.S. constitutional law. Broad powers relating to U.S. foreign relations were historically allocated to the President. A functional imperative of traditional diplomacy and interstate conflict, this constitutional centralization justified anomalous doctrines of foreign relations relating to separation of powers, federalism, and individual rights. Globalization has enabled actors other than the President -- including Congress, the judiciary, the federal bureaucracy, state and local governments, corporations, and individuals -- to assume enlarged roles on the world stage. Globalization has also magnified the salience of international law and international institutions to U.S. constitutional law. This course will chart and interrogate this shift in various contexts -- including climate change, human rights, trade, and immigration -- in which constitutional law and norms are adapting to changed global realities. 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.

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.

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.

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.

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 class 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.

4 credits

This four-unit 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. An in-class group presentation project will hone client counseling skills.

1 credits

Health law encompasses the engagement of the legal system with a large and dynamic segment of the U.S. economy. In this class, students will gain a familiarity with how to navigate the statutory and regulatory framework of health law, how to evaluate resources, and how complex and multi-part search strategies may be applied to research problems. Students will also gain a deeper understanding of databases beyond Lexis, Westlaw and Bloomberg, and of current awareness sources. Classes will combine instruction and hands-on exercises using print, electronic, and web-based resources. Students will be evaluated on several grounds, including class participation, regular assignments, and a short paper and presentation. NOTE: This class counts toward the 6 credit Experiential Learning requirement. NOTE: Students may not add this course after the first class has been held. 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 are required to attend the first meeting to be considered for enrollment. Meeting Dates: February 27 to April 10, 2019.

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 QST 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.

2 credits

Assets being managed by hedge funds have grown significantly during the past 10 years. As a result, managers of hedge funds have been the focus of increased scrutiny by investors, the press and regulatory authorities. This course will cover the regulations (and exemptions) applicable to hedge funds and their managers, including under the Securities Act of 1933, the Investment Company Act and the Investment Advisers Act. We will focus on the formation and operation of U.S. and offshore hedge funds, including structure, disclosure, risks and economic and liquidity terms. This will include a detailed review of hedge fund offering documents. We will discuss the many issues being considered by hedge fund managers and regulators, including valuation, conflicts of interest, insider trading and compliance.

3 credits

This workshop-format seminar examines the interplay of law, constitutions, and culture from an historical perspective. The heart of the seminar is student engagement with works-in-progress by leading scholars in the history, theory, and culture of law, broadly understood. The first three class sessions will be devoted to developing the intellectual tools necessary for reading and engaging with such papers. Starting in week 4 of the semester, the class format will alternate between workshop sessions and more traditional seminar sessions. During the five workshop sessions, an invited scholar will present a current scholarly work-in-progress for discussion. Students will read the speaker's paper in advance and prepare discussion questions for the seminar. During the other sessions, the class will meet as a normal seminar, during which we will discuss readings related to the workshop papers and legal history more generally. The written work for the seminar will consist of a series of brief, critical essays in response to a student-selected subset of the workshop papers. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing with this seminar. NOTE: This course is open to law students and to graduate students from other departments. A background in history is not a prerequisite. Graduate students from outside the law school may be able to receive 4 credits for this course. Please consult the professor regarding this option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar will focus upon the substantive law of homicide, as well as the practical aspects of actual homicide investigations and trials: crime scene interpretation; DNA analysis; autopsies and related forensic evidence; expert testimony, particularly in the area of psychiatry and criminal responsibility; jury considerations; ethical concerns; and the role of the media. Students will have the opportunity to study actual murder cases, visit local crime laboratories and courtrooms, and learn prosecution, defense, and judicial perspectives on various contemporary issues arising in murder investigations and trials. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. In this seminar, students will further develop their trial advocacy and client counseling skills by participating in multiple simulations and a mock hearing. They will learn about comparative models to address human trafficking, and the challenges of a criminal justice framework to solving complex social problems. The course will focus on the lawyer's role in anti-trafficking work, given: (1) converging areas of law; (2) the emerging multi-disciplinary nature of legal work; and (3) tensions among the role of the client as both victim and defendant. Courses will focus on further developing students' competencies in the following areas: (1) strategic planning and decision-making; (2) client interviewing and counseling; (3) trial advocacy; (4) leadership and innovation; and (5) professional responsibility. Classes will focus on a wide range of topics, including: (1) oral advocacy; (2) direct and cross examination; (3) accompaniment and survivor-led advocacy; (4) legal advocacy and brief writing; (4) legislative advocacy; and (5) developing professional roles and self-care. NOTE: The Immigrants' Rights and Human Trafficking Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. Students have three fieldwork options: (1) concentration in immigrants' rights; (2) concentration in human trafficking; or (3) work on both types of cases. Students focusing on immigrants' rights will represent adult and children asylum seekers and other vulnerable noncitizens with the opportunity to litigate an immigration case in the Boston Immigration Court. Students focusing on anti-trafficking work will represent survivors of labor and sex trafficking in a wide range of civil matters and engage in policy-related work to address gaps in the local and national landscape. Students focusing on both immigrants' rights and human trafficking will represent immigrant clients and survivors of human trafficking in a range of civil matters. All students will have the opportunity to engage in immigrants' rights and human trafficking work through "Know-Your-Rights" visits at the local jail/detention center and by conducting intake at the Family Justice Center for human trafficking survivors. Students, working in pairs, assume the primary responsibility for multiple clients' complex cases, from start to finish. Students conduct client interviews, track down witnesses, speak with experts, develop documentary, testimonial and expert evidence, and write legal briefs. The clinical supervisors prepare students for their cases through weekly supervision meetings, mid-semester and final individual meetings, and mock hearings, as appropriate. NOTE: The Immigrants' Rights and Human Trafficking Program counts toward the 6 credit Experiential Learning requirement. PRE/CO-REQUISITE: Evidence. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. The seminar is the fall companion course for students enrolled in the Program. It provides a practice-oriented introduction to advocacy on behalf of indigent clients, including noncitizens and survivors of human trafficking. Students will develop a wide range of competencies with classes focusing topics including: (1) client interviewing and counseling; (2) case planning; (3) legal research and writing; (4) cultural competency; (5) legal story-telling and developing a theory of the case; (6) affidavit writing; (7) vicarious and secondary trauma; and (8) professional responsibility. Students will participate in class simulations, present in case rounds, and actively engage in facilitated discussions. There also will be two boot camp classes for students with specialized training in the following areas: (1) immigration law with a focus on asylum law and representing vulnerable noncitizens; and (2) human trafficking law with a focus on the protection framework in the Trafficking Victims Protection Act and multi-disciplinary lawyering. NOTE: The Immigrants' Rights and Human Trafficking Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. In this seminar, students will further develop their trial advocacy skills by participating in multiple mock hearings and portions of simulated trials. In particular, this course will focus on developing students' competencies in the following topics: (1) witness preparation, including working with lay and expert witnesses; (2) oral advocacy, including direct/cross examination and opening and closing statements; (3) factual and legal research; (4) cross-cultural lawyering and implicit bias; (5) legal advocacy and brief writing; (6) basic negotiation; and (7) developing professional roles and identities. Students will also be introduced to the intersections between criminal and immigration law, and to law and organizing in the immigration context. NOTE: The Immigrants' Rights and Human Trafficking Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

This class will cover the immigration laws of the United States, including the administrative and regulatory framework of the United States agencies charged with enforcing U.S. immigration laws. The topics covered by this course include the power of the Congress to regulate immigration; the effect of politics on immigration policy; nonimmigrant and immigrant visa classifications; the law of asylum; the intersection of immigration law and criminal law; grounds of removal from the United States; relief from deportation, immigration court representation and access to justice; and the law of naturalization and derived citizenship. GRADING NOTICE: This course does not offer the CR/NC/H option.

2 credits

This course will cover the U.S. tax rules applicable to taxation of income from U.S. (and sometimes foreign) sources received by corporations and individuals that are non-residents of the United States. In some cases, such income will be derived from passive investments and be in the form of dividends, interest, rents, or royalties. In other cases, the income will arise from active business activities. The course will address the concept of residence and entity classification, the U.S. source of income rules, the U.S. withholding tax rules (including the obligations of withholding agents) with respect to non-business income, the types of activities that can generate a "trade or business" (tax nexus) in the U.S., the U.S. rules for determining income effectively connected with a U.S. trade or business and thus taxable in the U.S., the branch profits tax, FIRPTA (foreign investment in U.S. real property) and the U.S. rules applicable to financing U.S. operations owned by non-U.S. taxpayers Finally, we will address the impact of tax treaties on the taxation of income of non-residents. This course will be of interest to students who will represent foreign resident taxpayers with economic operations in the United States. Prerequisite or corequisite: Federal Income Taxation I; Recommended: Tax Aspects of International Business

Var credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students receive credit for an externship done in conjunction with an independent study project. Qualifying placements include the legal departments of non-profits, government agencies, private companies, or law firms (working on pro bono projects only). Placements may be paid or unpaid. Students may find their own placements that must be approved by the Office of Experiential Education, or the Office has resources to help students identify and apply to suitable field placements based on their interests and career goals. Students receive 3-9 variable P/F credits for their fieldwork, as determined in consultation with their placement supervisors. Each credit requires 50 hours of work over the course of the 13-week semester (averaging 4 hours per week). NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement. COREQUISITE: INDEPENDENT PROPOSAL EXTERNSHIP: PAPER (LAW JD 710).

2 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students receive credit for an externship done in conjunction with an independent study project. Qualifying placements include the legal departments of non-profits, government agencies, private companies, or law firms (working on pro bono projects only). Placements may be paid or unpaid. Students may find their own placements that must be approved by the Office of Experiential Education, or the Office has resources to help students identify and apply to suitable field placements based on their interests and career goals. Students receive 3-9 variable P/F credits for their fieldwork, as determined in consultation with their placement supervisors. Each credit requires 50 hours of work over the course of the 13-week semester (averaging 4 hours per week). NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: INDEPENDENT PROPOSAL EXTERNSHIP: FIELDWORK(LAW JD 709).

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.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the International and Human Rights Clinic. This is the companion spring classroom component for students in the Clinic. The course focuses on further developing skills directly tied to students' ongoing fieldwork. Classes will cover: interviewing and counseling institutional (non-governmental organizations) clients; designing and implementing human rights field research; ethical pitfalls and professional 'best practices' in human rights collaborations with international networks; advocacy within the UN machinery; advocacy within selected regional human rights mechanisms; and in-depth research workshops using comparative and foreign human rights research problems. The classes will be a combination of readings and discussion; simulations; student presentations; short papers and case rounds to discuss project work; and group and individual feedback on project development. NOTE: The International Human Rights Clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

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.

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.

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. 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 are required to attend the first meeting to be considered for enrollment. This course meets January 16 through February 20, 2019.

2 credits

This course, open to LLM in American Law and LLM in Intellectual Property Law students, will help participants appreciate and understand how the Internet or "Cloud" has introduced into everyday life an ever-expanding and evolving range of proprietary claims on digital information and its communication. We will cover the role of traditional industrial property (patents and trademarks) and of authors' rights (copyrights), as well as of internationally expanding rights in "confidential" information (trade secrets) -- which are amplified by the primacy of online "contracts" and licensing. We will also explore the extended range of quasi-proprietary interests such as privacy, publicity and "freedom of speech" and regulating factors such as consumer protection, e-commerce, competition and telecommunications policies (standards, Internet governance, Net Neutrality). While the subject matter will be examined in systemic appreciation from the perspective of U.S. and international transactions and enforcement, foreign-trained students will be encouraged to share insights on the national laws of their home countries. Grades will be based on a take-home final examination with a reasonable choice of covered subject matter, along with consideration of class participation. PREREQUISITE: None, as the course is directed to systemic understanding, but exposure to any of the mentioned subject matter would be helpful.

3 credits

This seminar examines topics from the frontiers of intellectual property law ("IP" law). The class provides students with the opportunity to meet and interact with cutting-edge IP scholars who will be invited to speak. Students will read the speakers' research and works in progress, critique those writings in papers and/or in oral give-and-take discussions with the authors, and will be provided additional reading as appropriate. The goals of this seminar workshop are three: for students to deepen their substantive knowledge of IP law, for students to increase their abilities to participate in scholarly debate and potentially publish their own work, and for established scholars to improve their papers through the input of the workshop group. Ideally, students should have taken or be concurrently 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 offers a variety of writing options. Papers of suitable depth and scope are potentially capable of fulfilling both the IPIL Concentration writing requirement and the JD 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.

2 credits

An important component of understanding international law is mastering all the diverse sources of this area of law. Students will learn to navigate the international system as well as the relevant primary sources of law. Student will learn research strategies and skills for locating treaties, decisions of international tribunals, documents of international organizations and other sources of state practice. Among the organizations the course will discuss the United Nations, the OAS, the EU and the WTO. In addition, students will be introduced to strategies for researching the law of foreign jurisdictions. Students will gain hands-on experience in answering legal research questions in the area of international and comparative law. Classes will combine instruction and hands-on exercises using major print, electronic, and web based resources for international law research. NOTE: This class counts toward the 6 credit Experiential Learning requirement. 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 are required to attend the first meeting to be considered for enrollment.

3 credits

This seminar will provide an overview of the private dimensions of negotiating and drafting international business agreements, and specifically on the contractual aspects. Students will gain hands on experience in structuring, drafting and analyzing various international business agreements and documents including global joint venture agreements and privatization provisions, sales, distribution and franchise agreements, international development agreements, share purchase agreements, letters of intent and technology licensing agreements. The design of the class will assist students in identifying critical legal issues and techniques likely to affect the outcome of international business negotiations including protecting against political, economic and legal risks. Emphasis will be placed on the important differences between international and domestic agreements from the American law perspective. Grades will be based on class participation and a final research paper. At the option of the student a final examination can be taken in lieu of a research paper. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to 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.

3 credits

Legal dimensions of resolution of cross-border economic disputes through binding arbitration. Treaty framework for determining validity of arbitration agreement and for recognition and enforcement of arbitral awards, in particular 1958 New York (UN) Convention and 1965 Washington (World Bank) Convention. Comparative approach, including reference to French, English, Swiss, and United States approaches to arbitration law, as well as the United States (UNCITRAL) Model Act. Investor-State proceedings pursuant to free trade agreements and bilateral investment treaties. Influence of major arbitration rules, including ICC, LCIA, AAA and ICSID. Exploration of special issues arising from intellectual property arbitration and expropriation claims, including Act of State and sovereign immunity. Introduction to debate on "delocalized" arbitration, the role of the arbitral seat and the enforceability of awards annulled at the place of proceedings. Arbitral awards as a contribution to lex mercatoria and the "soft law" of dispute resolution. Comparison of business arbitration with issues related to consumer, employment and class action proceedings in the United States. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

This course focuses on the "best practice" strategies an international lawyer can employ in order to efficiently navigate his or her clients through the complexities of the typical transaction lifecycle. Each step in the lifecycle (including initial term sheet negotiations, due diligence, regulatory and third party approvals, definitive agreement negotiations, closing mechanics, and other key steps) will be analyzed, with an emphasis on underlying business principles that are common across different jurisdictions (e.g. U.S., U.K/Australia, EU/civil law countries, Africa, India, China, Japan, Asia- Pacific and other jurisdictions). Case studies (involving real-life M&A, JV, franchising/licensing and other transactions) will be used to demonstrate the strengths and weakness of common strategies employed by law firm, in-house and other transactional lawyers. Grades will be based on class participation and a final exam. Enrollment is limited to LL.M. in American Law Program students. Corporations and Contracts are pre-requisites or co-requisites, unless otherwise waived by the instructor.

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.

3 credits

This course will focus chiefly on the crimes for which individuals incur direct criminal liability under contemporary international law. We will study (i) what crimes qualify as international in this sense, general principles of international criminal jurisdiction and immunities, and the historical evolution of the field from its genesis after World War I to Nuremberg to the permanent International Criminal Court established in 2002; (ii) statutory and tribunal jurisprudence defining the nature and scope of liability for core international crimes, viz., genocide, crimes against humanity, and war crimes; (iii) modern debates over other, at times more controversial, international crimes, in particular, torture and CIDT, aggression, and terrorism; (iv) the minimal requirements and forms of individual criminal responsibility under international law; and (v) selected defenses. Time permitting, we may also cover selected issues in the transnational cooperation and prosecution of crimes that transcend national borders, such as money laundering and human trafficking.

3 credits

Capital-intensive public and private development projects throughout the world, including large-scale infrastructure, transportation, energy, agriculture, technology and environmental projects depend upon project financing as the primary funding mechanism. Understanding and resolving the political, legal and financial risks associated with the planning and implementation of these projects, and often in emerging and unstable economies, is the critical first step in developing project finance opportunities. The seminar will combine theory and practice and focus on the negotiation and structure of actual project finance and concession agreements and transactions and the minimization of exposures and risks associated with these transactions. Each step of the project finance process will be analyzed, including the rationale and sources for the project finance, the legal framework for the project finance, the organizational and governance structure, risk allocation and mitigation and dispute resolution. An interdisciplinary analysis from the legal, finance and public perspective will be used to assess the views that investors, lenders, designers, contractors, governmental participants, citizens and other stakeholders bring to an infrastructure project. Several of the world's largest and most complex civil engineering and infrastructure mega projects including the English Chunnel, the Chad Cameroon Pipeline, the Dabhol Power Project and Boston's Central Artery Tunnel Project will serve as models for analysis of project finance and risk. A final research paper will be required in lieu of an examination. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to 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.

2 credits

The course will cover international estate planning from two perspectives: (1) U.S. citizens residing outside of the U.S. or owning assets located outside of the U.S.; and (2) foreign citizens residing in the U.S. or transferring assets in or to the U.S. U.S. gift and estate tax laws applicable to both situations will be studied in depth in a practice-oriented manner. Planning techniques and vehicles utilized in international estate planning will be explored, in particular trusts and the special U.S. income tax rules applicable to foreign trusts with U.S. beneficiaries and off-shore U.S.-grantor trusts. The impact of non-U.S. transfer taxes and tax treaties will be considered, as well as non-tax foreign laws impacting on international estate planning. The course will also cover the U.S. tax and estate planning issues applicable to "mixed marriages" where one spouse is a U.S. citizen and the other is a non-U.S. citizen, and multi-jurisdiction situations of gifts or bequests from non-U.S. donors or decedents to U.S. beneficiaries. Finally, the course will also consider cultural and ethical issues peculiar to the area of international estate planning. Prerequisite or corequisite: Estate and Gift Tax, Estate Planning

3 credits

This course focuses on how policy, law and regulation affect international finance. It examines cross-border banking and securities transactions in four major markets, the United States, the European Union, Japan and China. In the U.S. the focus is on the impact and response to the financial crisis of 2007- 2009 and how banking and capital market regulation affects foreign firms. In the E.U. the focus is on continuing efforts to build integrated financial markets as well as deal with Brexit, in Japan on rebuilding the Japanese financial system after the "lost decade," and now stimulating the capital market, and in China how foreign firms and investors are able to access the Chinese markets. The course also looks at the infrastructure that underlies the global financial system, e.g. the Basel Capital Accord (as well as national additions), global standards for the clearing and settlement of securities, and rules for different exchange rate regimes. In addition, the course deals with certain important transactions like derivatives and various funds (mutual, hedge and private equity). The course also cover some key aspects of the emerging markets, principally the issuance and restructuring of sovereign debt. The basic text for the course is H. Scott and A. Gelpern, International Finance (22nd ed. 2018).

3 credits

This is an introductory course to international human rights. The course will introduce students to the concepts of human rights, and the instruments that have codified and provided content to those concepts in the last sixty years. We will examine such questions as: Is there such a thing as human rights law? What standards, mechanisms, monitoring or enforcement machinery exists to make human rights concepts "legal"? Is there such a thing as universal consensus on human rights, or are the concepts relative from one region to the next? What, if any, constraints does human rights law place on the actions of sovereign states? How does the UN machinery operate in human rights law-making, monitoring and enforcement? What is the role of regional organizations, domestic courts and international entities in developing, promoting and implementing human rights norms? The course will take a contextualized approach using cases and current situations to address these questions primarily from a human rights perspective. ENROLLMENT LIMIT: 10 JD students. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to 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, 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 CLASS IS RESTRICTED to students who have formally applied to and been accepted to the International and Human Rights Clinic. Students in the Clinic work on human rights projects such as: working with NGO's in advocacy in the UN human rights system or in regional organs (e.g. Inter-American and European human rights bodies); filing briefs on human rights law issues in US domestic courts; counseling individual clients with human rights claims and without recourse within a domestic jurisdiction. While the nature of the fieldwork varies from year to year, the clinic has previously partnered with domestic and international NGOs on the Guantanamo cases, habeas cases, and Alien Tort Claims Act cases; drafted submissions to UN treaty bodies; and worked on the health and human rights aspects of humanitarian crises. Students conduct legal and factual research, conduct outreach to partners and project strategy development, and may prepare amicus briefs on human rights issues and appeals in human rights cases. The clinic fieldwork may include international travel. In the fall, students attend a weekly course, arranged in accordance with the students' schedules, to gain a structured introduction to human rights practitioners' work. NOTE: The International Human Rights Clinic count towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

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.

3 credits

Previously titled Telecommunications Law & Policy. The Internet and Telecommunications Law course will survey the legal regime for regulating the Internet and the telecommunications industries that support 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 technological changes in the provision of electronic communications by cable, broadcast satellite, microwave, and wireless broadband. The course will conclude by focusing on the rapidly evolving regime for regulating (and in some cases deregulating) the Internet. Topics will include the "net neutrality" debate, strategies for closing the "digital divide," allocation of Internet regulatory authority among federal, state, and municipal governments, regulation and immunity of content on the Internet, and possible legal strategies for reining in the power of sites like Face Book and Google. The course instruction will assume a background in Administrative Law and a basic understanding of First Amendment Free Speech doctrine. It will not require any background in intellectual property nor cover (except perhaps in passing) any topics in intellectual property law. COREQUISITE: Administrative Law.

2 credits

The class covers the basic structure and function of US legal institutions: the congress, the president, and regulatory agencies, and, especially, the federal courts. It examines the role of state law and state courts in the American system of federalism. The course also studies the American judicial processes of constitutional analyses, interpretation of statues, and development of common law. Some attention is paid to court procedures, including trial by jury. Finally, students study a few topics that are illustrative of the treatment of individual rights in American law, such as freedom of speech, anti-discrimination law, and protection of private property. The class grants two credits towards the American Law degree.

2 credits

Income tax considerations relating to transfers of assets and liabilities to a corporation (during incorporation and otherwise), non-liquidating distributions, stock redemptions, related party stock purchases and corporate liquidations. Includes an overview of the treatment of a corporate shareholder versus other shareholders. Prerequisite or corequisite: Federal Income Taxation I and II

4 credits

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

1 credits

This seminar is designed to provide students with an introductory and practical understanding of certain fundamental aspects of corporate financial restructuring. The seminar focuses on the representation of distressed companies, major creditors, and investors in high-stakes restructuring matters, with an emphasis on (i) comparing out-of-court and in-court restructuring alternatives for distressed companies and their stakeholders; (ii) benefits and risks associated with the commencement and administration of a case under chapter 11 of the Bankruptcy Code; (iii) the typical timeline, major players, and milestones associated with the chapter 11 process; (iv) strategies for effective restructuring negotiations; and (v) "hot topic" controversies in recent chapter 11 cases. Course materials will consist of recent court decisions and pleadings from noteworthy chapter 11 cases, and select articles concerning significant developments in restructuring law and practice. In addition to class participation, grading will be based upon one term paper of approximately 12 -- 15 pages in length. NOTE: This class does not satisfy the upper-class writing requirement. Meeting dates -- September 6 to November 15, 2018. **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.

1 credits

This course will provide students with an introduction to the business, risk, legal and regulatory aspects to the evolving intersection of finance and technology. The course will include introductions to Blockchain technology, marketplace lending and other fintech business models that are disintermediating traditional financial services.

2 credits

This course focuses on the structure, documentation and negotiation of a typical project finance transaction. The class will explore legal, financial, and policy problems involved in investing in domestic and cross- border power and infrastructure projects. We will focus on strategies and techniques of structuring and financing such investments, and will touch upon the legal and regulatory environment for investment, and in the context of foreign investment, the role of political risk management and the implications of treaties, conventions, and other relevant law. Selected domestic and cross- border investment transactions, both actual and hypothetical, will be used to illustrate recurring issues. This course may contain a graded group drafting component where students draft and negotiate a loan agreement.

3 credits

This course covers the core legal concepts underlying compliance -- the new paradigm in corporate accountability -- and its impact on transnational business operations. We will examine the Federal Sentencing Guidelines for Organizations; the Foreign Corrupt Practices Act and the Sarbanes Oxley Act, as well as guidance issued by the Department of Justice and the Securities and Exchange Commission. You'll learn how to: * Identify an enterprise's compliance obligations; * Assess the legal risks associated with those obligations; * Build a compliance and ethics program that effectively mitigates legal risk; and, * Generate value through compliance and ethics.

2 credits

This course focuses principally on three areas: (1) the use of case law as a primary source of American law, including analysis of cases, reasoning from prior cases, the evolution of case law, and the case method of teaching; (2) the structure of the American legal system and selected elements of Constitutional law, such as allocation of powers among the three branches of government, the relationship between federal and state courts, due process of law, equal protection, and other key concepts; and (3) a brief introduction to particular private law subjects such as contracts, intellectual property, criminal procedure and torts. The goal is to provide insight into the methods used by American lawyers in dealing with legal questions and an introduction to the structural and substantive legal framework within which American lawyers operate. This course is no longer a required course for students who did not obtain their first law degree at a law school in the United States. However, foreign-educated students planning to sit for a bar examination in the United States, especially the New York State Bar Examination, must take this course, which is only offered in the fall semester.

3 credits

This course focuses on the major legal and practical issues related to intellectual property licenses in the global marketplace. Taught from the US practitioner's perspective, the class is specifically designed for foreign-trained lawyers who want to learn how to leverage intangible assets through intellectual property licensing transactions. We will cover patent, copyright, trademark and trade secret license agreements in a range of industries. Topics will include the scope and limitations of different licensing arrangements; crafting and interpreting licensing contract language; the relationship between licenses and transactions involving tangible assets; and licensing enforcement. We will explore the similarities and differences in licensing in the media, entertainment and technology industries; as well as licensing law and practice in foreign jurisdictions. In-class exercises and role plays will help students develop the practical skills needed to successfully draft and negotiate intellectual property licenses. PRE-REQUISITES (unless otherwise waived by the professor): Contracts; and either Intellectual Property (fall survey class) or the fall seminar, The Practice of U.S. Copyright and Trademark Law: Media and Entertainment Transactions. Enrollment is limited to 18 LLM in Intellectual Property Law and LLM in American Law students. **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 explores the professional role of judges, both state and federal, in our American legal system. It invites analysis of the distinctive features of our judiciary, its multiple roles in legal determinations under stare decisis, in statutory interpretation, in fact finding (both at trial and in other contexts), in the many interactions with the direct democracy of the American jury, in administration and case management, and in contacts with the legislative and executive branches. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. The first class meeting will take place at the Law School (Date/Time TBA), while the rest of the class will be conducted at the United States District Court. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

1 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is the companion academic component for students simultaneously enrolled in the Judicial Externship: Fieldwork course. The seminar focuses on teaching the substance and skills related to being a successful judicial extern. Topics include judicial ethics, legal research, judicial process, opinion drafting, judicial selection and recusal, and judicial decision-making. Students keep reflective journals chronicling their educational experience and reactions to the practice of law observed at the field placement. Please note that the course is scheduled to meet for seven two-hour class sessions, every other week. NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Judicial Externship: Fieldwork (JD 735). GRADING NOTICE: This class does not offer the CR/NC/H option.

Var credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students receive credit for working in chambers for a judge in the state or federal court system. The assignments handled by an extern are similar to those handled during a post-graduate clerkship. Students may find their own judicial placements that must be approved by the Office of Experiential Education, or the Office will match the student with a judge. Students receive 4-9 variable P/F credits for their fieldwork, as determined in consultation with their placement supervisors. Each credit requires 50 hours of work over the course of the 13-week semester (averaging 4 hours per week). NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Judicial Externship: Seminar (JD 734).

2 credits

This course will focus on writing styles and formats unique to the judicial process, such as the bench memo and appellate majority and dissenting opinion. Classes will provide a general overview of the opinion writing function with emphasis on topics such as opinion structure, judicial writing style, the relationship between style and substance, the use of narrative and rhetorical techniques, and ethical considerations in opinion writing. Through a series of writing assignments and in-class exercises, students will learn to how to diagnose and revise difficult and unclear writing, acquire techniques for writing more economically, precisely and unambiguously, and hone their skills in structuring and organizing, analyzing, and writing persuasively. In analyzing judicial opinions and writing from the perspective of a judge rather than an advocate, students will gain a deeper understanding of the judicial process and will become better critical readers and users of judicial opinions. ENROLLMENT LIMIT: 14 students. NOTES: This class does not satisfy the upper-class writing requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar will examine some classic issues of jurisprudence as they arise in contemporary controversies over law and morality. Topics will include the following: * The legal enforcement of morals. In Lawrence v. Texas, which recognized a right of gays and lesbians to intimate association, Justice Scalia protested in dissent that the case "effectively decrees the end of all morals legislation." Is Scalia right that there is really no distinction between homosexual intimate association and, to quote Scalia's list, "fornication, bigamy, adultery, adult incest, bestiality, and obscenity"? What are the proper limits on moral disapproval as a justification for traditional "morals legislation"? * Government's role in promoting public values: conflicts between liberty and equality. To what extent may government inculcate civic virtues and promote public values? We will focus on conflicts between personal liberty (including religious liberty) and the use of antidiscrimination law to secure the status of equal citizenship for gays and lesbians. For example, should laws recognizing same-sex marriage grant religious exemptions to town clerks and business people who morally disapprove of such marriage? * Grounds for justifying rights: protecting freedom to choose versus promoting moral goods. What are the best grounds for justifying rights in circumstances of moral disagreement? For example, should we justify a right to same-sex marriage on the ground that government should respect people's freedom to choose whom to marry? Or instead on the ground that protecting such a right promotes moral goods (the same moral goods that opposite-sex marriage furthers): commitment, intimacy, fidelity, and the like. * Rights, responsibilities, and regulation. To what extent does the protection of rights preclude governmental encouragement of responsible exercise of rights or regulation to protect others from harm? We will examine such issues in the context of reproductive freedom and the individual right to bear arms. * Originalisms versus moral readings of the Constitution. To what extent does constitutional interpretation involve determining the original meaning of the Constitution as a matter of historical fact (originalisms) versus making moral and philosophic judgments about the best understanding of our constitutional commitments (moral readings)? We will explore the emergence of "new originalisms" that aim to justify certain controversial rights that conventional originalists like Justice Scalia have rejected. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

The American juvenile justice system was established over one hundred years ago to address the problem of young offenders. This course examines the historical, social and legal foundations for our current system. We will examine the issue of "rights" as applied to children and look at the effects of ideology and politics on the current juvenile justice system. How have assumptions of childhood and responsibility changed? Has the juvenile court been "criminalized" with the introduction of due process rights for children? Under what circumstances are children treated as adult offenders? Selected issues for inquiry include: police interrogation of juveniles; school safety and zero tolerance policies; adjudicative competency; anti-youth crime policies; conditions of incarceration; and changes brought about by elimination of mandatory juvenile life without parole. We will examine these issues through use of court cases, law review articles, governmental and private organizational position papers, and legislative history. Using the Massachusetts model, one of the early and often emulated juvenile systems, we will examine the changes in the prosecution and incarceration of juveniles over the past century. As we consider the overarching issue of whether it makes sense to maintain a separate justice system for juveniles, we will compare our system to those of other nations. We will visit the Boston Juvenile Court to observe a delinquency session and speak with court personnel. Students are expected to attend each class prepared to discuss the assigned readings. Course requirements include a 15-20 page final paper, a class presentation based on the paper topic or related class readings, and several assigned reading response papers over the course of the semester. ENROLLMENT LIMIT: 14 students. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to 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.

3 credits

The built environment around us is not inevitable or by accident. It is the outcome of a series of legal and political choices about how people should live together; about how to regulate and control the future use of the property around them. These choices result in a legal regime that, at once, is enormously complex, implicates the most basic questions of equity and constitutional freedoms, and affects people in every aspect of their daily lives. This course will examine land use from a legal, historical, theoretical, and, most important, practical perspective. Students will be introduced to a brief history of land use controls in the United States. The course will then cover the basic aspects of land use law: Euclidean zoning, special use permits, variances, vested rights and preexisting uses, exactions, exclusionary and inclusionary zoning, subdivision control, wetlands control, and legal challenges to zoning decisions. The course will also look at more recent trends and issues in land use law, such as smart growth and transit-oriented development, form-based zoning, marijuana regulations, short-term rentals, climate change resilience, and increased federal control of local land use. Finally, the course will examine the constitutional limits of land use regulation under the Fifth Amendment. Students will undertake practical exercises to introduce them to how land use lawyers practice. They will attend a zoning board hearing and report on it; they will analyze a client's proposal to determine what zoning relief is necessary; they will attend a zoning trial or appeal. The course will cover general zoning principles applicable nationally but will focus on Massachusetts law for the practical exercises. The class will require student participation in discussion. The only prerequisite is completion of first-year Property. Students will produce a brief paper on the zoning board meeting they attend and a final paper, and be asked to comment on the trial or hearing they attend. Grading will be based on class participation, the zoning exercise, the comments, and the two papers.

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.

3 credits

This seminar will examine the burgeoning field of law surrounding the use, sale, and production of cannabis. Possible topics include federal versus state power to regulate cannabis, the substantive criminal laws regarding cannabis, and a variety of other issues such as banking, tax, and environmental laws that impact the cannabis industry in the United States. GRADING NOTICE: This class does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

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

Does law continue to operate in times of war? This seminar will examine the knotty legal questions underlying current wartime debates, with a primary focus on modern conflicts facing the United States in the post-9/11 era. A complex architecture of international and domestic law governs states and state actors during wartime. Evolving threats, new technologies, and domestic politics have tested these legal frameworks, and the domestic and international laws of war continue to adapt to challenges to their relevance and viability. Topics for discussion may include, among others: Guantanamo detention, targeted killing and drones, interrogation and torture, humanitarian intervention in conflicts like those in Libya and Syria, and the scope of the U.S. President's constitutional and statutory authority to wage war. NOTE: This class does not satisfy the upper-class writing requirement. RECOMMENDED COURSES: International Law. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

Understanding the laws governing consumer transactions is relevant not only to our daily lives but also to many careers in the law. Why do consumer laws matter for societal issues such as racial and income inequality? How can government agencies best promote compliance while minimizing burden to businesses? How should leaders of consumer corporations navigate a heavier regulatory era? This seminar will examine consumer laws from three main perspectives: the businesses that must comply with regulations; the agencies--such as the Consumer Financial Protection Bureau and the Federal Trade Commission--that write or enforce rules; and the consumers who purchase over $10 trillion in goods and services annually. PREREQUISITE: Business Fundamentals. RECOMMENDED COURSE: Antitrust. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

This class is restricted to students who have applied and been accepted as Lawyering Fellows. Accepted students must register for both the fall and spring sections of the class.

1 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is the companion academic component for students enrolled in the Learning from Practice: Fieldwork course. This one-hour weekly seminar focuses on the ways in which lawyers develop skills on the job, and identifies best practice for professional development, mentoring, networking, communication, and interacting with clients and the media. The course also examines issues involving diversity, work-life balance, and ethical considerations. The seminar requires students to make a class presentation and keep a reflective journal chronicling their educational experience and reactions to the practice of law observed at the field placement. NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Learning from Practice: Fieldwork (JD 809). GRADING NOTICE: This class does not offer the CR/NC/H option.

Var credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students receive credit for working in the legal department of a non-profit, government agency, private company, or at a law firm (working on pro bono projects only). Placements may be paid or unpaid. Students may find their own placements that must be approved by the Office of Experiential Education, or the Office has resources to help students identify and apply to suitable field placements based on their interests and career goals. NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Learning from Practice: Seminar (JD 771).

Var credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students receive credit for working in the legal department of a non-profit, government agency, private company, or at a law firm (working on pro bono projects only). Placements may be paid or unpaid. Students may find their own placements that must be approved by the Office of Experiential Education, or the Office has resources to help students identify and apply to suitable field placements based on their interests and career goals. Students receive 3-9 variable P/F credits for their fieldwork, as determined in consultation with their placement supervisors. Each credit requires 50 hours of work over the course of the 13-week semester (averaging 4 hours per week). NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement. COREQUISITE: Legal Externship: Legal Ethics (JD 925).

3 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is the companion academic component for students enrolled in the Legal Externship: Fieldwork course. This two hour weekly seminar examines legal practice and the ethics of lawyering, including conflicts of interest, competency, confidentiality, pro bono obligations, special ethical obligations of government and in-house attorneys, and ethical billing. The seminar requires students to write a 15-page paper and make a class presentation. In addition, each student keeps a reflective journal chronicling their educational experience and reactions to the practice of law observed at the field placement. NOTE: Students who enroll in this component of the externship may count the credits towards the 6 credit Experiential Learning requirement or the Professional Responsibility requirement. It may not be used to satisfy more than one requirement. COREQUISITE: Legal Externship: Fieldwork (JD 924). GRADING NOTICE: This class does not offer the CR/NC/H option.

3 credits

This is a practical skills seminar designed to introduce LLM students to the theory and practice of legal interviewing and client counseling. Through a combination of classroom discussion, readings, reflective writing, simulations and role-plays, students will learn the skills and techniques lawyers use to help clients make sound decisions. These include: identifying and obtaining relevant facts; effectively formulating questions; actively listening; identifying legal problems; clarifying client needs and objectives; formulating potential strategies; assisting clients in evaluating options; and communicating difficult information to clients, in litigation and transactional contexts. This course will provide opportunities for experiential learning, allowing students to develop and practice interviewing and counseling in real- world contexts. Enrollment limited to 18. **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 class is designed to give students experience in legal writing civil litigation. Over the course of the semester, students will work on the various stages of a federal court litigation from pre-complaint investigation through dispositive motions. There will opportunities to draft a variety of litigation documents, including complaints, discovery, motions, and memos. Students will complete multiple drafts of key documents and will meet individually with the instructor to discuss the drafts. Students will focus on using the facts to tell their clients' story and making persuasive, winning arguments. In class, students will discuss a range of strategic questions including developing viable causes of action, identifying critical facts, and using written discovery to obtain information. Additionally, students will participate in-class exercises designed to improve the students' skills in writing, fact-gathering and argument. ENROLLMENT LIMIT: 14 students NOTES: This class does not satisfy the upper-class writing requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

Var credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students receive credit for working with a Senator, Representative or Committee in the Massachusetts Legislature. Externs may draft legislation; evaluate testimony; participate in planning meetings with legislators and staff; research questions of law and fact for proposed legislation; observe legislative strategy sessions and negotiations; and attend floor debates and committee meetings. Prior to the start of the semester, the program instructor, Professor Sean Kealy, works with each student and matches them with a Senator or Representative, depending on their areas of interest. Students receive 3-9 variable P/F credits for their fieldwork, as determined in consultation with their placement supervisors. Each credit requires 50 hours of work over the course of the 13-week semester (averaging 4 hours per week). NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Legislative Externship: Seminar (JD 938).

3 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is the companion academic component for students enrolled in the Legislative Externship: Fieldwork course. The seminar covers subjects that affect the legislative process including: constitutional interpretation by legislatures, theories of representation, legislative organization and rules, lobbying, legislative oversight powers, and legislature-executive agency relationships. In addition, each student keeps a reflective journal chronicling their educational experience and reactions to the practice of law observed at the field placement. NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Legislative Externship: Fieldwork (JD937).

6 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Legislative Policy & Drafting Clinic. Students learn about the law-making process through coursework and hand-on experience working with a client seeking to advance a bill or project through the state legislature. Students work on several projects during the semester that highlight different aspects of the legislative process, allowing students to relate and test the theories discussed in class to real life situations. The in-class seminar covers subjects that affect the legislative process including: constitutional interpretation by legislatures, theories of representation, legislative organization and rules, lobbying, legislative oversight powers, and legislature-executive agency relationships. The clinic instructor works with students to select projects in the students' specific areas of interest, if any. In particular, students interested in business and tax, environment law, or health law, may specialize in those areas for the full semester. NOTE: This clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.