The Litigation & Dispute Resolution concentration capitalizes on the School’s well-known teaching and curriculum strengths in that students may study civil litigation, criminal litigation, and alternative dispute resolution in a variety of forums—the classroom setting, the clinical sitting, and the externship setting. Accordingly, this concentration presents students with opportunities to choose courses, which match the students’ areas of interest and learning styles.

Requirements

A student may be certified as having completed the Concentration in Litigation and Alternative Dispute Resolution by meeting the following requirements:

    1) Satisfactory completion of a minimum of seven courses and 21 credits from the following lists of courses and seminars in litigation and alternative dispute resolution law. The lists are updated annually to reflect changes in course offerings. The Concentration acknowledges that all students are required to take Civil Procedure and Constitutional Law as part of the general JD curriculum in addition to the seven courses and 21 credits.

    2) Satisfactory completion of a substantial written work on a litigation or dispute resolution law topic. This requirement can be satisfied by the same written work that satisfies the School’s Upper-class Writing Requirement or by written work that satisfies the requirements of a course or seminar for which credit is given towards the Concentration in Litigation and Dispute Resolution. With the approval of the concentration advisor, this requirement may also be satisfied by written work completed in a context other than a course or seminar for which credit is given towards the Concentration in Litigation and Dispute Resolution.

    If the paper was done in a course, seminar, or for another purpose and the supervising professor is an adjunct (part-time) faculty member, then the faculty concentration advisor must review the paper and confirm that it satisfies the concentration paper requirement.

    3) Students must complete introductory courses in litigation and dispute resolution through satisfactory completion of all of the courses in one of the three options listed below.

    Option One

    Track 1

    a) Civil Litigation Program (two semesters):
    Housing, Employment, Family & Disability Clinic—six credits
    Civil Litigation Program: Pretrial Advocacy/Professional Responsibility—three credits
    Trial Advocacy—three credits
    Evidence—four credits

    Track 2

    b) Immigrants Rights’ Clinic (two semesters):
    • Fieldwork—six credits
    • Core Lawyering Skills—three credits
    • Advanced Advocacy & Trial Theory—three credits
    • Evidence—four credits

    Option Two

    a) Civil Litigation Program (one semester):

    1. Employment Rights Clinic—three credits
    2. Civil Litigation Program/Pretrial Advocacy (if clinic is taken in the fall) or Civil Litigation/Trial Advocacy (if clinic is taken in the spring)—three credits for either course
    3. Effective & Ethical Depositions; Professional Responsibility; Lawyering in the 21st Century; Legal Externship/Legal Ethics (if also completed Legal Externship Program); or Prosecutorial Ethics if clinic is taken in the spring—three credits

    b) Evidence—four credits

    c) If clinic is taken in the spring, also must take Alternative Dispute Resolution; Mediation: Theory & Practice—three credits; or Negotiation—three credits

    d) If clinic is taken in the fall, also must take Trial Advocacy—three credits

    Option Three

    Track A

    a) Criminal Practice Clinic (two semesters) (for 2L students starting the Clinic in their second year):

    b) Criminal Procedure, or Criminal Procedure: Adjudicatory, or Criminal Procedure: Investigatory—four credits

    c) Evidence

    Track B:

    a) Criminal Practice Clinic (two semesters) (for 3L students starting the Clinic in the fall of their third year):

    b) Criminal Procedure: Comprehensive, or Criminal Procedure: Adjudicatory or Criminal Procedure: Investigatory Process—four credits

    c) Evidence—four credits

    d) Trial Advocacy—three credits

    e) Effective & Ethical Depositions; Professional Responsibility; Lawyering in the 21st Century; or Prosecutorial Ethics—three credits

    Option Four

    a) Legal Externship Program (with a litigation or dispute resolution placement)—three credits and Legal Ethics
    *In order for the Legal Externship Program to qualify as a course in this list, the placement must be approved in advance by the Concentration Advisor. Also, note that the class component (JD 925) is a legal ethics class.

    b) Evidence—four credits

    c) Trial Advocacy or Civil Litigation Program/Trial Advocacy (if also completed Civil Litigation: ER option in spring)—three credits

    d) Alternative Dispute Resolution or International Business Arbitration, or Mediation: Theory and Practice—three credits; or Negotiation—three credits

    Option Five

    a) Semester-in-Practice with a litigation placement*—12 credits OR Judicial Externship: Fieldwork and Judicial Externship: Judicial Process Seminar or Human Trafficking Clinic and Human Trafficking Seminar
    [or Government Lawyering Externship Program with a litigation placement; or Health Law Externship Program with a litigation placement; or Independent Proposal Externship with a litigation placement]
    *Must be approved in advance by concentration advisor.

    b) Evidence—four credits

    c) Trial Advocacy—three credits

    d) Effective & Ethical Depositions; Professional Responsibility; Lawyering in the 21st Century; or Prosecutorial Ethics—three credits

    e) Alternative Dispute Resolution or International Business Arbitration, or Mediation: Theory and Practice—three credits; or Negotiation—three credits

    4) To the extent that additional courses or credits are needed to complete the required minimum of seven courses and 21 credits, students must choose and satisfactorily complete non-duplicative courses or seminars from the following list. If students are uncertain whether a course is duplicative they should consult with the Concentration Advisor and obtain prior approval.

    4 credits

    This course will examine the nature and functions of federal administrative agencies and the legal controls on agency action. Agency action is situated and examined in its political and legal contexts. Topics include the status of administrative agencies in the constitutional framework of separation of powers including the non-delegation doctrine, the President's appointment and removal powers in light of the unitary executive, the constitutionality of the legislative and line-item vetoes, the constitutionality of agency adjudication, and the constitutional (and political) status of independent agencies; agency rulemaking and adjudication including the choice of procedural model and the procedural requirements of the rulemaking model; and the availability, timing and scope of judicial review of agency action including standing to seek judicial review and exceptions to the availability of judicial review. The course also examines different methods of policy analysis such as regulatory impact analysis and cost-benefit analysis. Additional topics include discriminatory enforcement, regulatory delay, judicial imposition of procedural constraints on agencies, the implication of private rights of action from regulatory statutes and the availability citizens' suits. Some attention may be paid to differences between state and federal separation of powers doctrines. GRADING NOTICE: This course will not offer the CR/NC/H option.

    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.

    FALL 2017: LAW JD 863 A1 , Sep 6th to Dec 6th 2017
    Days Start End Credits Instructors Bldg
    Mon,Wed 10:45 am 12:10 pm 3 Jack M. Beermann

    3 credits

    Admiralty cases comprise a significant portion of the case load of federal courts near U.S. ports. Clerks for judges in those courts should have an understanding of admiralty law. In addition, lawyers who handle international transactions will likely encounter admiralty issues even if they do not specialize in admiralty law; the practice of admiralty is by nature international. Admiralty practitioners work with lawyers and clients from many nations and travel often to those nations. The course will examine admiralty jurisdiction of the federal and state courts as well as oft litigated choice of law and choice of forum issues. Our examination of the substantive areas of admiralty law will show how they fit together and affect one another. The substantive areas will include the international and domestic multimodal carriage of goods, charter parties (contracts to use an entire ship or part of a ship), salvage, towing, pilotage, collision, stranding, general average, and personal injury. We shall also examine ship mortgages and marine insurance. Marine insurance affects almost all aspects of admiralty law. We shall attempt to predict the effects of the Rotterdam Rules (a new treaty that the United States and other nations are in the process of ratifying) on various aspects of admiralty law, particularly the carriage of goods. This course is a pre-requisite to apply for membership in the three student team for the national Judge John R. Brown Admiralty Moot Court Competition, which will be held from March 22-24, 2018 in Seattle. Applicants for the Admiralty Moot Court Competition must first compete in the Stone Moot Court Competition. The course will also include instruction and an exercise in brief writing. OFFERING PATTERN: This class may not be offered every year. It will be offered this year if 5 or more students register for it. Students are advised to take this fact into account when planning their long term schedule. GRADING NOTICE: This class will not offer the CR/NC/H option.

    FALL 2017: LAW JD 932 A1 , Sep 6th to Dec 6th 2017
    Days Start End Credits Instructors Bldg
    Mon,Wed 11:00 am 12:30 pm 3 Chester D. Hooper

    3 credits

    Students will continue to represent human trafficking survivors in a variety of contexts. They will be expected to contribute ten hours per week to represent human trafficking survivors. The clinical work will be based at the Family Justice Center, which provides space to agencies providing social, legal and other services to human trafficking survivors.

    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 satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. 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.

    FALL 2017: LAW JD 874 A1 , Sep 7th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    Thu 2:10 pm 4:10 pm 3 Constance A. BrowneStaff

    3 credits

    This seminar will examine the political, institutional, and constitutional constraints and forces that shape the rules governing litigation in the federal courts. Particular attention will be given to ways that access to the federal courts has been narrowed in the last three decades using procedural rules. Readings will focus on selected topics of federal civil procedure, including class actions, attorneys' fees, injunctive remedies, and full-faith and credit. Students will have two options for satisfying the writing requirement: they may write (1) a seminar paper, or (2) three medium-length policy or response papers. Students will also be required to present their written work. To that end we will dedicate several sessions to student presentations of papers or works-in-progress.

    3 credits

    This intensive seminar takes an integrated approach to civil and criminal procedure, evidence, and trial practice to teach the current trial techniques at work in our courts. Taught at the United States District Court itself, the course involves in-court observations, specific critique of actual trial presentations, and seminar discussion of all aspects of procedure, trial preparation, evidence, and trial practice. A term paper on some aspect of the trial process is required. While neither evidence nor trial practice is a formal prerequisite for this course, they are recommended. The goal of the seminar is to enhance the quality of judgment, exposition, and fact-law teaching a lawyer exercises on behalf of the client in the trial environment. The first class meeting will take place at the Law School -- Date/Time TBA. NOTE: This class may be used to satisfy the Professional Skills requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

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

    3 credits

    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 (2-3 pages), as well as a longer paper due at the end of the semester. No final exam. ENROLLMENT LIMIT: 16 students. NOTE: This course satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. RESTRICTION: Students may not enroll in Alternative Dispute Resolution and Negotiation (JD921).

    SPRG 2018: LAW JD 881 B1 , Jan 16th to Apr 24th 2018
    Days Start End Credits Instructors Bldg
    Tue,Thu 2:15 pm 3:45 pm 3 Mark Bamford

    3 credits

    An in depth exploration and thrill ride through the modern day David vs. Goliath epic battle of the 9/11 first responders litigation, led by the BU Law alumnus who represented 10,000 plaintiffs. This interactive seminar will allow students to reprise, reenact and role play the most critical events of the decade long litigation labeled "the most complicated Mass Tort in history", while teaching them the fundamental issues and laws concerning Mass Torts in general. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the Professional Skills 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, 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.

    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.

    FALL 2017: LAW JD 877 A1 , Sep 6th to Dec 6th 2017
    Days Start End Credits Instructors Bldg
    Mon,Wed 2:10 pm 4:10 pm 4 Jack M. Beermann

    3 credits

    On February 20, 2003 a heavy metal band set off pyrotechnics inside a crowded Rhode Island nightclub, igniting foam insulation on the walls. The ensuing fire and panic killed 100 persons and injured hundreds more, spawning civil litigation that lasted seven years. This interactive seminar, conducted by a BU Law alumnus who was a lead attorney representing plaintiffs in that litigation, explores the legal and ethical issues faced by attorneys in that case. While the factual context of this seminar is tort-based, emphasized skills will be useful for all future litigators. John Barylick's book, KILLER SHOW: The Station Nightclub Fire, America's Deadliest Rock Concert, is the seminar's main text and a jumping-off point for explorations of: legal ethics, civil procedure, plaintiff selection, defendant selection and liability theories, formal and informal discovery methods, mediation and formulation of a damages distribution plan. Audiovisuals include materials from the Station Fire case and mediations. Additional readings include sections of the ABA Model Rules of Professional Conduct, the Federal Rules of Civil Procedure, Title 28 of the United States Code, law review articles and pleadings from the case. There will be a few short (2-3 page) assignments and in-class role-playing exercises, including depositions and mediation. There will be a final written assignment, rather than a final exam. NOTE: This class does not satisfy the upper-class writing requirement. This course satisfies the upper-class Professional Skills 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.

    FALL 2017: LAW JD 976 A1 , Sep 7th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    Thu 10:40 am 12:40 pm 3 John Barylick

    3 credits

    This seminar will critically examine selected issues in the practice of American criminal justice. Topics may include a selection from the following list: racial dimensions of policing, prosecution, and incarceration; family and community impact of criminal justice policies and practices; the capacity of the poor to find justice in the criminal system; police violence and culture; sentencing law and practice; plea bargaining; prosecutorial discretion; police discretion; drug law and policy (including mandatory minimums and the war on drugs); prisoners' rights; solitary confinement; cruel and unusual punishment (including sentences of life without parole); prison violence/rape; racial segregation in prison; prison overcrowding; privatization of prisons; alternatives to prison. We may also look at comparisons with criminal justice systems in other countries and avenues for reform. Students will make presentations to the group and execute substantial written assignments. GRADING NOTICE: This class will not offer the CR/NC/H option. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement in connection with this seminar. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

    3 credits

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

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

    4 credits

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

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

    4 credits

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

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

    3 credits

    This seminar focuses on selected developments in employment law as seen from the perspective of a practitioner. Topics include exceptions to the at-will doctrine and expanding theories of job protection; emerging trends such as family responsibilities discrimination and retaliation claims; the role of unions in an increasingly non-union private sector workplace; and cutting edge issues in discrimination and wage and hour claims. The grade for the course will be based on several take-home problems, a final paper, and class participation. PREREQUISITE: A prior course in labor or employment law, or permission of the instructor, is required. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. OFFERING PATTERN: This class is frequently offered in alternating years. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, 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.

    SPRG 2018: LAW JD 906 A1 , Jan 22nd to Apr 23rd 2018
    Days Start End Credits Instructors Bldg
    Mon 4:20 pm 6:20 pm 3 Peter J. Moser

    3 credits

    This seminar surveys the evolution of federal law as it relates to people with disabilities. We will cover disability discrimination in the areas of employment, education (elementary, secondary and higher education), government services, public accommodations run by private entities, and housing. In exploring these areas we will examine relevant case law and statutes (i.e. the ADA and its amendments, the Rehabilitation Act of 1973, the IDEA, and the Fair Housing Act) and their implementing regulations and guidance. In addition to studying legal authorities, we will engage in practical classroom exercises and hear from attorneys practicing in disability law-related settings. Readings will be assigned from Colker & Grossman, The Law of Disability Discrimination (8th ed. 2013); Colker & Grossman, The Law of Disability Discrimination Handbook: Statutes and Regulatory Guidance (8th ed. 2013)(also available online), and supplemental material. Grades will be based on class participation and a final paper. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

    FALL 2017: LAW JD 749 A1 , Sep 7th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    Thu 4:20 pm 6:20 pm 3 Robyn Powell

    3 credits

    This seminar will involve an in-depth examination of discovery practice under the federal rules of civil procedure. The topics to be covered are set out below. Grades will be derived from a final paper, mini-quizzes and assignments, and classroom participation. There is no required text. 1. History and purpose of discovery. 2. Discovery abuse. 3. Rule 26. The scope of discovery and the major limitations on the scope of discovery. 4. Rule 26. The conference of the parties and planning for discovery. The impact of the local rules on discovery. 5. Rule 26. Self-executing disclosures and expert discovery. 6. e-discovery. 7. Written discovery. Rules 33, 34, and 36 (interrogatories, document requests, and requests for admission). 8. Deposition discovery. Rules 30-32. Rule 45 subpoenas. 9. Rule 37. Failure to cooperate in discovery. Sanctions. 10. Rule 37. Discovery motion practice. 11. Effective discovery. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the upper-class professional skills requirement. RESTRICTION: Students who completed E-discovery (JD 795) may not enroll. 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 Electronic Discovery Reference Model, or EDRM, sets out the basic work steps required to move Electronically Stored Information, or ESI, from its original location on a client's computer systems, through Identification, Preservation, Collection, Processing, Review, Production, Analysis and Presentation in a legal setting. Each step along the EDRM has both legal standards set out in statutory and case law, as well as best practices for how to implement those standards in practical work plans. This course will address both the legal requirements and practical work required to move data from its natural habitat into a legal action. In other words, we will address the law and practical steps required for civil ediscovery. In addition to class lecture and discussion, this course will include in class exercises where the students will form work groups and apply ediscovery law to hypotheticals, and work together with technical tools, with the assistance of visiting ESI technical specialists. Extra credit opportunities will also be available. Topics will include: Creating and Implementing a Litigation Hold; Identification and Preservation of Electronically Stored Information; Jurisdiction and Venue law as applied to internet evidence sources; Discovery of Cloud Evidence under the Stored Communications Act; Technology Assisted Review (TAR); eDiscovery Depositions under FRCP/MRCP 30(b)(6); Discovery of ESI located abroad in Europe or Asia; Discovery of Databases. NOTE: This course satisfies the Upper-class Professional Skills requirement. GRADING NOTICE: This class does not offer the CR/NC/H option.

    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.

    SPRG 2018: LAW JD 958 A1 , Jan 22nd to Apr 23rd 2018
    Days Start End Credits Instructors Bldg
    Mon 2:10 pm 4:10 pm 3 Constance A. Browne
    SPRG 2018: LAW JD 958 B1 , Jan 22nd to Apr 23rd 2018
    Days Start End Credits Instructors Bldg
    Mon 4:20 pm 6:20 pm 3 Constance A. Browne

    3 credits

    This course will provide a comprehensive overview of the legal regulation of employment in the U.S. We will study the at-will default rule (and many of its modifications) as well as tort protections for employees, speech and privacy protections, and workplace disputes about property rights (specifically trade secrets and non-compete agreements). We will also review the basic requirements of wage and hour law and workplace safety regulations. Finally, we evaluate the efficacy of workplace misconduct investigations, layoff management and employment practices liability coverage. There are no prerequisites for this course and students may opt to write a 30 page research paper in lieu of a 3 hour final examination if they wish.

    FALL 2017: LAW JD 834 A1 , Sep 6th to Dec 6th 2017
    Days Start End Credits Instructors Bldg
    Mon,Wed 2:10 pm 3:40 pm 3 Maria O’Brien Hylton

    3 credits

    Environmental Justice can be defined as the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws and policies. Over the last two decades efforts to secure environmental justice have become important features of environmental policy and activism in the United States and globally. This seminar will explore whether a healthy environment is a basic human right, why environmental justice concerns have arisen, and what legal mechanisms may be used to address them. We will identify current situations where claims of environmental injustice might be made, and examine how existing legal tools, including the 1964 Civil Rights Act, federal environmental statutes, and international treaties might be applied to deal with them. Course requirements include a final paper, a class presentation based on the paper topic, and class participation. Students may also register for the spring 2017 Environmental Law Practicum and gain practical experience working on environmental justice issues at a Boston environmental non-profit organization. There is no prerequisite for this seminar. 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. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

    SPRG 2018: LAW JD 722 A1 , Jan 18th to Apr 26th 2018
    Days Start End Credits Instructors Bldg
    Thu 4:20 pm 6:20 pm 3 Pamela A. Hill

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

    FALL 2017: LAW JD 814 A1 , Sep 5th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    Tue,Thu 10:40 am 12:40 pm 4 Linda C. McClain
    SPRG 2018: LAW JD 814 S1 , Jan 17th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    Tue,Thu 11:00 am 12:25 pm 3 Katharine B. Silbaugh

    3 credits

    This seminar will focus on the specific application of the federal rules of civil procedure to pretrial civil practice. Each pretrial phase of a case (from the complaint to the answer to motions to dismiss to discovery to summary judgment) will be unpacked with reference to the applicable civil rules. The idea is to reach the same level of detail in analysis and close reading of the rules as that required of a new litigation associate. This will involve considerations of computation of time, deadlines, pleading rules, Rule 12, Rule 16, Rule 26, the local rules of civil procedure, and the like. The class will proceed with students drafting and discussing the various documents relevant to pretrial procedure. From a prewritten factual scenario, students will draft complaints, answer their colleagues' complaints, move to dismiss their colleagues' complaints, draft discovery documents, move for summary judgment, etc. Grades will be derived from classroom discussion and written product. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the Upper-class Professional Skills 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.

    FALL 2017: LAW JD 785 A1 , Sep 11th to Dec 4th 2017
    Days Start End Credits Instructors Bldg
    Mon 10:40 am 12:40 pm 3 Staff

    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.

    FALL 2017: LAW JD 836 A1 , Sep 5th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    Tue,Thu 11:00 am 12:15 pm 4 Larry Yackle
    Fri 10:30 am 11:45 am 4 Larry Yackle

    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.

    3 credits

    This seminar explores federal court jurisdiction to entertain petitions for the writ of habeas corpus. Some attention will be given to habeas corpus as a means of challenging actions taken by the Federal Government in connection with national security and immigration. More attention will be given to habeas as the means by which state and federal prisoners attack criminal convictions and death sentences. The seminar should be of interest to students interested in the institutional role of federal courts in the United States, the relationship between federal courts and state courts, and the procedural mechanisms for adjudicating federal constitutional issues in criminal cases. Students who plan to practice criminal law, to handle capital litigation, or to clerk for federal judges will find the seminar especially valuable. ** 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

    Attorneys routinely deal with forensic mental health issues in the practice of criminal, tort, juvenile delinquency, child protection, civil rights, disability, employment and family law. Familiarity with the law alone is rarely adequate for effective advocacy in these areas of law when mental health issues arise. This course surveys the intersection between psychiatry and law with a focus on applications for legal practice. Topics include: competence to stand trial, criminal responsibility, competence to be executed, involuntary civil commitment, child protection and divorce child custody, commitment of sexual offenders, mental health malpractice, emotional distress claims, and use of mental health expert testimony in the post-Daubert era. NOTES: This seminar 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.

    Var credits

    The Government Lawyering Externship is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Accepted students must register for the ungraded fieldwork component and the graded seminar. Through the Government Lawyering Externship Program (GLEP), students work at a state or federal agency. Upon acceptance to the Government Lawyering Externship Program program, the Office of Clinical Programs works with students to identify suitable field placements depending on each student's individual interests and career goals. The range of opportunities in the government is extensive and there are great options out there for every student. COREQUISITE: Government Lawyering Seminar (JD 729)

    2 credits

    The Government Lawyering Externship is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Accepted students register for the ungraded fieldwork component and this graded seminar. The two hour weekly seminar will explore topics including determining who the "client" is for purposes of the attorney-client relationship, the interaction with other government agencies, ethical and moral considerations unique to government attorneys, and the impact of politics on the work of a government lawyer. Students will write weekly journals about their externship experience and will also write a final research paper. COREQUISITE: Government Lawyering Externship: Fieldwork (JD 728)

    3 credits

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

    FALL 2017: LAW JD 726 A1 , Sep 5th to Dec 5th 2017
    Days Start End Credits Instructors Bldg
    Tue 2:10 pm 4:10 pm 3 Robert M. Thomas

    3 credits

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

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

    3 credits

    Over the last sixty years housing law has evolved in a number of significant ways. Where once a lease was primarily considered to involve a transfer of an interest in land, it is now considered to involve a relationship framed by contract principles. Consistent with this change, tort law involving rental property is moving from a traditional negligence standard to a more complex standard based upon a duty derived from the implied warranty of habitability. Courts must now determine whether landlords should be held strictly liable in tort for personal injury claims based on defective conditions, inadequate security, lead poisoning, etc. Where formerly a landlord had significant discretion over tenant selection and tenancy termination, a variety of state housing laws and federal/state anti-discrimination laws now place significant limits on the landlord's power and control over these tenancy relationships. Public housing and governmentally subsidized housing has generated much heated debate as well as litigation over such issues as development-based policing authority and the right to evict entire families based upon criminal conduct of one family member. Finally, during the past four years complex title, tenancy, consumer rights and community preservation issues have arisen in the wake of the foreclosure crisis that has swept the nation. This seminar will focus on the various legal, social policy, and practical issues emerging with respect to traditional tenancies, premises liability, public safety in public and subsidized housing, housing discrimination, environmental protection, and control of foreclosed property. Student classroom participation and papers are required. 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. OFFERING PATTERN: This class is frequently offered in alternating years. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, 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.

    FALL 2017: LAW JD 961 A1 , Sep 6th to Dec 6th 2017
    Days Start End Credits Instructors Bldg
    Wed 4:20 pm 6:20 pm 3 Jeffrey Winik

    3 credits

    The Human Trafficking Clinic offers a unique opportunity for students to work on legal cases of human trafficking, a widespread and serious human rights violation. Clinic students provide a variety of legal services, including direct representation of non-citizens trafficked into the United States, advocacy for trafficking survivors, and community education and training. In particular, Clinic students directly represent trafficking survivors to apply for a T-visa, a special form of immigration relief for trafficking survivors and/or in removal (deportation) proceedings before the Boston Immigration Court. Students also will collaborate with a variety of stakeholders, including survivors of human trafficking, law enforcement, government officials, and non-governmental organizations, to identify solutions to combat human trafficking. Through their clinical experience, students will increase their knowledge of trafficking law and learn fundamentals of lawyering, while providing a valuable service to survivors who would otherwise be unrepresented. The Human Trafficking Course examines international, federal, and state mechanisms to combat human trafficking. The course also evaluates comparative models for criminal prosecution and protection of survivors. The course will explore serious enforcement challenges in a variety of contexts, including victim compensation, employment rights, immigration relief, and criminal prosecution. Moreover, the class will receive training in client counseling techniques, focusing on the unique challenges when working with vulnerable communities, such as trafficking survivors. CO-REQUISITE: Students must also register for JD 707.

    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 satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

    SPRG 2018: LAW JD 817 A1 , Jan 16th to Apr 24th 2018
    Days Start End Credits Instructors Bldg
    Tue 2:10 pm 4:10 pm 3 Julie A. Dahlstrom

    3 credits

    This seminar is required for students accepted to the Human Trafficking Clinic (JD708). The course will examine international, federal, and state mechanisms to combat human trafficking. The course will also evaluate comparative models for criminal prosecution and protection of survivors. The course will explore serious enforcement challenges in a variety of contexts, including victim compensation, employment rights, immigration relief, and criminal prosecution. Moreover, the class will receive training in client counseling techniques, focusing on the unique challenges when working with vulnerable communities, such as trafficking survivors. PREREQUISITE/COREQUISITE: Immigration Law (JD968) and Evidence (JD831).

    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 satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. PRE/CO-REQUISITE: Evidence. GRADING NOTICE: This course does not offer the CR/NC/H option.

    FALL 2017: LAW JD 859 A1 , Sep 5th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 3 Julie A. DahlstromSarah R. Sherman-Stokes
    SPRG 2018: LAW JD 859 A1 , Jan 16th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 3 Julie A. DahlstromSarah R. Sherman-Stokes

    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 satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

    FALL 2017: LAW JD 882 A1 , Sep 6th to Dec 6th 2017
    Days Start End Credits Instructors Bldg
    Wed 2:10 pm 4:10 pm 3 Julie A. DahlstromSarah R. Sherman-Stokes

    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 satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

    SPRG 2018: LAW JD 888 A1 , Jan 17th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    Wed 2:10 pm 4:10 pm 3 Sarah R. Sherman-Stokes

    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.

    FALL 2017: LAW JD 968 A1 , Sep 6th to Dec 6th 2017
    Days Start End Credits Instructors Bldg
    Mon,Wed 11:00 am 12:30 pm 3 Sarah R. Sherman-Stokes

    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.

    FALL 2017: LAW JD 980 A1 , Sep 11th to Dec 4th 2017
    Days Start End Credits Instructors Bldg
    Mon 2:10 pm 4:10 pm 3 William W. Park

    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. ** 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.

    SPRG 2018: LAW JD 908 A1 , Jan 17th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    Wed 2:10 pm 4:10 pm 3 William G. Young

    3 credits

    This seminar explores judicial decision making in the trial and appellate courts on which the judge has served. Drawing on his decisions and other related readings, the class will consider each week the challenges posed by different types of judicial decisions. This approach will allow the class to evaluate and discuss many facets of judicial decision making, including but not limited to the following: * Differences between trial and appellate court decisions * The interactions between trial and appellate court decisions * Why certain issues are particularly difficult for judges * What is explainable and unexplainable about judicial decision making * How judicial philosophy and judicial process affect decision making * What works and does not work in judicial decisions, and * The rationale for concurrences and dissents Through the studies of these and similar issues, the students will hopefully become more informed critics of judicial decision making and more effective advocates in court. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

    3 credits

    The American juvenile justice system was established over one hundred years ago to address the problem of young offenders. This course examines the historical, social and legal foundations for our current system. We will examine the issue of "rights" as applied to children and look at the effects of ideology and politics on the current juvenile justice system. How have assumptions of childhood and responsibility changed? Has the juvenile court been "criminalized" with the introduction of due process rights for children? Under what circumstances are children treated as adult offenders? Selected issues for inquiry include: police interrogation of juveniles; school safety and zero tolerance policies; adjudicative competency; anti-youth crime policies; conditions of incarceration; and changes brought about by elimination of mandatory juvenile life without parole. We will examine these issues through use of court cases, law review articles, governmental and private organizational position papers, and legislative history. Using the Massachusetts model, one of the early and often emulated juvenile systems, we will examine the changes in the prosecution and incarceration of juveniles over the past century. As we consider the overarching issue of whether it makes sense to maintain a separate justice system for juveniles, we will compare our system to those of other nations. We will visit the Boston Juvenile Court to observe a delinquency session and speak with court personnel. Students are expected to attend each class prepared to discuss the assigned readings. Course requirements include a 15-20 page final paper, a class presentation based on the paper topic or related class readings, and several assigned reading response papers over the course of the semester. NOTE: This class may be used to satisfy the Professional Skills requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

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

    3 credits

    Survey of modern labor management and union relations law in the private sector. Organization of workers and the representation process; collective bargaining; unfair practices, employer and union; negotiation and enforcement of collective agreement, including arbitration; regulation of strikes and lockouts. Administrative law and federalism principles will be treated. Employment discrimination and other individual employee protection laws are not treated in this course.

    SPRG 2018: LAW JD 851 A1 , Jan 17th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    Mon,Wed 2:30 pm 3:55 pm 3 Michael C. Harper

    Var credits

    This CLASS IS RESTRICTED to students who have received permission from the Office of Experiential Education 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 towards the 6 credit Experiential Learning requirement. COREQUISITE: Learning from Practice: Seminar (JD 771).

    FALL 2017: LAW JD 809 A1 , Sep 5th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 3 Staff
    FALL 2017: LAW JD 809 A2 , Sep 5th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 4 Staff
    FALL 2017: LAW JD 809 A3 , Sep 5th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 5 Staff
    FALL 2017: LAW JD 809 A4 , Sep 5th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 6 Staff
    FALL 2017: LAW JD 809 A5 , Sep 5th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 7 Staff
    FALL 2017: LAW JD 809 A6 , Sep 5th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 8 Staff
    FALL 2017: LAW JD 809 A7 , Sep 5th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 9 Staff
    SPRG 2018: LAW JD 809 B1 , Jan 16th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 3 Staff
    SPRG 2018: LAW JD 809 B2 , Jan 16th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 4 Staff
    SPRG 2018: LAW JD 809 B3 , Jan 16th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 5 Staff
    SPRG 2018: LAW JD 809 B4 , Jan 16th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 6 Staff
    SPRG 2018: LAW JD 809 B5 , Jan 16th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 7 Staff
    SPRG 2018: LAW JD 809 B6 , Jan 16th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 8 Staff
    SPRG 2018: LAW JD 809 B7 , Jan 16th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 9

    3 credits

    This class is designed to give students a variety of legal writing experiences, all related to civil litigation. Students will draft a variety of documents, including discovery-related documents, pleadings, and motions. Students will complete multiple drafts of these documents, meet individually with the instructor to discuss the drafts, and engage in peer editing of their classmates' papers. Students will work with a single fact pattern throughout the semester, and will conduct extensive research as part of the course. In class, students will discuss litigation strategy, research skills and ethical and professional concerns. In addition, the class will also include in-class writing exercises designed to improve the students' writing skills. NOTES: This seminar satisfies the Upper-class Professional Skills requirement. This seminar does not satisfy the Upper-class Writing Requirement. GRADING NOTICE: This seminar does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

    FALL 2017: LAW JD 712 A1 , Sep 11th to Dec 4th 2017
    Days Start End Credits Instructors Bldg
    Mon 6:30 pm 8:30 pm 3 Edward DeAngelo

    3 credits

    Mediation is part of the legal landscape in almost every substantive area and legal setting. This course will cover the theory and practice of mediation, the use of mediation to resolve disputes in various different legal contexts, and the development of practical mediation skills. We will examine the mediation process from the role of the mediator through the attorney representing a party in mediation. We will also address direct negotiation, the decision to mediate, mediator selection, preparation for mediation, and ethical issues involved in negotiation. The course will provide skill building through several interactive role-plays, in which students will have opportunities to act as a mediator, a party in mediation, and counsel to a party in mediation. The role play mediations and other exercises will survey many of the areas in which mediation is being used, including business and commercial; court-connected, federal-state agency (environmental and others); construction, employment/workplace; family/ divorce; school, community, and international. Due to the interactive nature of the class, students will be expected to attend all scheduled classes and to participate actively. Active participation includes in-class discussions, mediation role-plays, assigned reading, and writing a weekly mediator's journal. NOTES: This class does not satisfy the upper-class writing requirement. This class satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

    SPRG 2018: LAW JD 826 A1 , Jan 17th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    Wed 10:40 am 1:40 pm 3 Bette Roth

    3 credits

    This seminar introduces students to the principal business and legal issues found in and raised by mergers and acquisitions transactions and highlights the significant role that lawyers play in structuring, managing and effecting these complex transactions. The seminar will begin with an overview of how and why mergers and acquisitions take place. The course will then cover the mergers and acquisitions process, including deal-making strategies the corporate law affords, and will proceed through all aspects of the life of an M&A deal from inception to closing (and beyond). The seminar will cover how M&A lawyers negotiate and document the inherent risk allocations of business combinations. We will examine deal terms and structures, risk defining and shifting devices, and the role of the lawyer in managing the process. We will also highlight the due diligence process, stockholder relationships, fiduciary duties and securities laws considerations, and liquidity considerations. Theoretical readings will be balanced against practical articles and commentary, recent court decisions and model deal documents. The assigned reading will include materials from real deals and transaction documents. Students are encouraged to analyze and discuss the real-world problems faced by parties, legal counselors and courts called upon to judge such transactions. The seminar will be highlighted by guest lectures by experts in international M&A and Delaware jurisprudence. Students will be required to participate in mock negotiations/discussions. In addition, there will be a short final exam. Grades will be based on class participation and written materials (70%), which may include required email submissions prior to class and mock negotiations/discussions during class, and a final exam (30%). PREREQUISITE: Corporations. (May be waived with an instructor's permission.) NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the Upper-class Professional Skills requirement. **A student who fails to attend the initial meeting of a seminar (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 goal of this course is to improve your effectiveness as a negotiator. In this highly interactive class, students will examine negotiation from a variety of perspectives and learn specific negotiation strategies and tactics. Over the course of the semester, students will engage in a series of negotiation exercises (i.e., role plays) through which they can develop and hone their negotiation skills and approaches. Discussion and short lectures will accompany the role-plays, as appropriate. There will be short written assignments (2-3 pages), as well as a longer paper due at the end of the semester. No final exam. NOTE: This class satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. RESTRICTION: Students may not enroll in Negotiation and Alternative Dispute Resolution (JD881).

    FALL 2017: LAW JD 921 A1 , Sep 5th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    Tue,Thu 2:15 pm 3:45 pm 3 Mark Bamford

    3 credits

    This seminar introduces students to the business and legal issues prevalent in private equity and venture capital deals and highlights the significant role that lawyers play in effecting these transactions. The seminar will begin with an overview of the private equity and venture capital industries, an introduction to investment transactions and will proceed through all aspects of the life of an investment from inception to exit. It will address how investment funds are formed and the legal and financial considerations present when those funds invest in private companies. We will examine deal terms and structures, pricing and corporate finance issues, and the management of deal risk. It will also highlight the due diligence process, stockholder relationships, fiduciary duties and securities laws considerations, and liquidity events. Theoretical readings will be balanced against practical articles and commentary, recent court decisions and model deal documents. The seminar will be highlighted by guest lectures by private equity and venture capital investment professionals. Grades will be based on a final exam, short pre-class exercises and class participation. PREREQUISITE: Corporations (May be waived with an instructor's permission.) NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the Upper-class Professional Skills requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

    SPRG 2018: LAW JD 931 A1 , Jan 16th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    Mon 6:30 pm 8:30 pm 3 Michael J. KendallWilliam D. Collins

    3 credits

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

    FALL 2017: LAW JD 806 A1 , Sep 6th to Dec 6th 2017
    Days Start End Credits Instructors Bldg
    Wed 2:10 pm 4:10 pm 3 Brian A. Wilson

    3 credits

    The course explores the principal remedies available through civil litigation, including compensatory damages, injunctions, declaratory judgments, restitution, and punitive damages, along with remedial defenses. It covers both private-law and public-law remedies. The course examines general principles about the law of remedies that cut across substantive fields and that will be useful to a student or lawyer encountering a remedies problem in any context. It also takes up debates concerning whether law and economics or corrective justice provides a better account of the aims and underlying principles of the law of remedies. The course will be of considerable practical value to anyone interested in civil litigation.

    3 credits

    The course explores the needs of key stakeholders in a justice system (victims, offenders, communities, government officials), outlines the basic principles and values of restorative justice with comparisons to the principles and values of retributive justice, and introduces some of the primary models of practice. It also identifies challenges to restorative justice. These discussions will takes place in the context of secular and religious understandings of justice. The course is organized around the issue of crime and harm within a western legal context. However, attention is given to applications and lessons from other contexts. Of particular interest is the contribution of traditional or indigenous approaches to justice as well as applications in post-conflict situations, such as South Africa. The class will include presentations by the instructor, class discussion of the assigned reading, conversations with victims, offenders and community members, and role plays of different practices. The class meets at the School of Theology and will include students from both the Law School and the School of Theology. Students will be graded on the basis of their written work and classroom performance. There will be no final exam.

    3 credits

    Over the last few decades, the public has become increasingly concerned about sexual crimes. In addition to harsher punishments, several civil, collateral consequences have become common such as indefinite commitment and registration. This class will explore how sexual offenses are dealt with in the criminal justice system and the underlying reasoning for the heightened attention, including morality, statistical data, and psychological/scientific evidence. We will discuss the limitations, if any, that govern collateral consequences such as indefinite civil commitment and registration (e.g. Constitutional restrictions, scientific uncertainty). The class aims to challenge preconceived notions of sex crimes and sex offenders through case law, guest speakers, academic literature, and real life scenarios. NOTE: This seminar does not satisfy the Upper-class Writing Requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

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

    3 credits

    This course will focus on criminal procedure and criminal law cases that are currently on the docket of the Supreme Court. Each week, the class will read a substantial amount of materials in preparation for one case, including its lower court opinion, the briefs from each party, two sets of amicus briefs, and a Supreme Court opinion drafted by a member of the class. Students will also be expected to read the most significant Supreme Court precedents involving each case. Prior to each class session, each student will be responsible for writing a 3-5 page memo critiquing the readings of the week. Students will also be responsible for drafting one 20-25 page Supreme Court opinion to be distributed to and discussed by the class. Criminal Procedure is not a prerequisite for this course. ** 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.

    SPRG 2018: LAW JD 903 A1 , Jan 18th to Apr 19th 2018
    Days Start End Credits Instructors Bldg
    Thu 4:20 pm 6:20 pm 3 Tracey Maclin

    3 credits

    The purpose of this course is to enable students to further develop the skills acquired during the basic trial advocacy course and to introduce them to issues that are not generally addressed at the basic level. Those issues will include motions in limine, impaneling a jury, trial notebooks, effective use of experts, trial technology, preserving the record for appellate purposes and further developing direct and cross-examinations skills. This will be accomplished by using the entire case file used by counsel in a 1992 murder trial, Commonwealth v Fuller in Essex County, MA. The class will be divided into two teams: a prosecution team and a defense team. The case is evenly weighted so no team will have a built-in advantage. Each team will work together to address the issues facing that team. There will be plenty of opportunity for individual in-class demonstrations of various trial skills, including writing and arguing motions in limine, direct and cross examinations of an expert, etc. The students will learn that much of trial advocacy involves "brainstorming" the issues with one's peers, particularly during the early stages of a case. Accordingly, the course will be frontloaded with group discussion of the various issues facing the trial lawyer before the first juror is impaneled. The final exam of this course will be a mock trial of a case, one that is much more compact than the Fuller case. This trial will provide an excellent opportunity for the students to demonstrate the complete range of their trial skills. GRADING NOTICE: This course does not offer the CR/NC/H option NOTE: This course satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement. *** A student who fails either to attend the initial meeting of Trial Advocacy (Advanced), or to obtain permission to be absent from either the instructor or the registrar, will be administratively dropped from the section. Students who are on a wait list for a section are required to attend the first section meeting to be considered for enrollment.

    SPRG 2018: LAW JD 945 A1 , Jan 18th to Apr 19th 2018
    Days Start End Credits Instructors Bldg
    Thu 4:30 pm 7:20 pm 3 Elizabeth M. Fahey

    3 credits

    The past several years have witnessed a number of high-profile white collar criminal prosecutions, including Arthur Andersen, Bernard Madoff, Jeffrey Skilling (Enron), and Ronald Blagojevich (former Illinois governor) to name a few. Developments continue, including the Supreme Court's reversal this year of former Virginia Governor Robert McConnell's bribery conviction and the upcoming Boston trial of the operators of New England Compounding Company. The purpose of this Course is to teach present-day "white collar crime" practice, including the elements of principal federal statutes and the special procedures followed by prosecutors. The course will review the theoretical bases of modern "white collar crime" prosecution, the major statutes in a prosecutor's "tool-box" (mail and wire fraud, securities fraud, health care fraud, bribery and extortion, obstruction of justice, RICO, and perjury) and procedural aspects of white collar crime (such as, grand jury process and sentencing). Students will learn significant and interesting recent cases and the prosecutorial and defensive techniques employed in white collar crime cases. Upon successful completion of the course, students will be familiar with the statutes, procedures, and methods of issue analysis employed by prosecutors and private lawyers in "white collar crime" practice. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule.

    SPRG 2018: LAW JD 854 A1 , Jan 17th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    Tue,Thu 4:30 pm 6:00 pm 3 Mark Josephs

    1 credits

    Students enrolled in the spring section of Trusts & Estates have the option of enrolling in this one-credit Writing Supplement. Designed for students who are interested in practicing in the areas covered by the course, these one-credit supplements are taught by experienced attorneys who practice in these areas. In collaboration with the professor teaching the substantive course, the practitioner instructs students in drafting documents related to the substantive coursework. Writing sections consist of one introductory meeting and a number of follow up meetings (specific dates TBD) to discuss drafts in progress. Because enrollment is limited, you will receive substantial feedback and individualized instruction. Students enrolled in the spring section of Trusts & Estates have the option of enrolling in this one-credit Writing Supplement. Designed for students who are interested in practicing in the areas covered by the course, these one-credit supplements are taught by experienced attorneys who practice in these areas. In collaboration with the professor teaching the substantive course, the practitioner instructs students in drafting documents related to the substantive coursework. Writing sections consist of one introductory meeting and a number of follow up meetings (specific dates TBD) to discuss drafts in progress. Because enrollment is limited, you will receive substantial feedback and individualized instruction. NOTE: This course satisfies the upper-class Professional Skills requirement and counts toward the 6 credit Experiential Learning requirement.

    SPRG 2018: LAW JD 706 A1 , Jan 18th to Apr 19th 2018
    Days Start End Credits Instructors Bldg
    Thu 6:30 pm 7:30 pm 1 Ingrid K. Houghton

    3 credits

    The past two decades have witnessed an unprecedented surge in the freeing from our nations jails and prisons of innocent people who were wrongfully convicted. Many have served lengthy sentences and some have spent years on death row awaiting execution for crimes they did not commit. This course will examine the broad range of factors that contribute to the wrongful conviction of the innocent and, in doing so, will shed light on broader questions about the functioning of the US criminal justice system. We will explore the role played by faulty eyewitness-identification procedures; coercive and deceptive police interrogation procedures; the mishandling of confidential informants, cooperating witnesses, and jailhouse snitches; junk science, disorganized crime labs, and incompetent and corrupt experts; police and prosecutorial failures to preserve & disclose exculpatory evidence; and incompetent defense counsel and underfunded criminal-defense-delivery systems. We will also examine the role of racial and ethnic bias, profiling, and tunnel vision, before considering how wrongful convictions affect the debate over the death penalty. We will look the use of postconviction procedures such as appeals, new-trial motions, and habeas corpus petitions, to free the wrongfully convicted. Finally, we will explore some of the reforms that have been proposed and some of the critiques -- from both the left and the right -- of the innocence movement, with its reliance on DNA technologies, and its narrow focus on the "wrong-man" notion of the "factually innocent." Films, case studies, and guest speakers will help ground our discussion in concrete examples. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. ENROLLMENT LIMIT: 15 students. OFFERING PATTERN: This class is frequently offered in alternating years. Students are advised to take this into account when planning their long-term schedule. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

    SPRG 2018: LAW JD 837 A1 , Jan 16th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    Tue 6:30 pm 9:30 pm 3 Michael R. SchneiderRadha Natarajan

    1 credits

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

    FALL 2017: LAW JD 828 A1 , Sep 5th to Dec 7th 2017
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 1 Philip G. CormierStaff
    SPRG 2018: LAW JD 828 A1 , Jan 16th to Apr 25th 2018
    Days Start End Credits Instructors Bldg
    ARR TBD TBD 1 Philip G. Cormier

    • Independent Study in Litigation or Alternative Dispute Resolution Law** THIS IS SUPERVISED RESEARCH & WRITING – STUDENT NEEDS THEIR PROJECT TO BE ON A LITIGATION TOPIC AND TO BE APPROVED IN ADVANCE TO COUNT
    * In order for these courses to qualify as a course in this list, they must be approved in advance by the Concentration Advisor. Courses in the Banking Law program (BK) are subject to availability and must obtain approval of Banking program.

      5) Students who wish to receive a concentration credit for courses not listed above in satisfaction of any of the above requirements or to waive a concentration requirement may do so with the approval of the faculty concentration advisor. Approval for courses taken outside of the School of Law is limited to graduate-level courses in litigation and dispute resolution law. Such courses may include those taken in a School of Law overseas program, and courses taken at other law schools or in other graduate programs at Boston University or elsewhere. A maximum of two courses may be approved for any student under the provisions of this paragraph.

        6) Students who receive at least a 3.5 grade point average in School of Law courses taken to satisfy the requirements of the concentration will be certified as earning Honors in the Concentration in Litigation and Dispute Resolution. To be eligible for Honors, a minimum of five concentration courses comprising at least 15 credit hours must be in School of Law courses. In accordance with School of Law regulations, only School of Law courses are included in calculating a student’s grade point average, and only such courses will be used to determine whether a student has earned Honors in the Concentration in Litigation and Dispute Resolution. All Law courses taken that could be counted toward the concentration will be considered when determining honors, except if, by the end of the add/drop period, a student designates in writing to our Registrar’s Office a course or seminar to be taken that semester that the student does not want counted toward the concentration because that course/seminar is in addition to the minimum concentration requirements. This “opt-out” option applies only to courses in addition to the minimum concentration requirements.

        7) To ensure maximum flexibility for students in their future career decisions, transcripts of students who elect the Concentration in Litigation and Dispute Resolution will not reflect the concentration. Rather, the School of Law Registrar’s Office will record completion of the concentration and the award of honors in the concentration, and will make available official documentation of these accomplishments at the student’s request.

        Faculty

        BU Law faculty boasts some of America’s leading experts in the field of litigation and alternative dispute resolution.In addition to full-time faculty scholars in the field, students gain practical training under the continuous supervision and guidance of our experienced, full-time clinical faculty.

        Professors Robert Burdick and David Rossman are faculty advisors for the Concentration in Litigation and Dispute Resolution and are available to answer questions about the substantive aspects of the concentration. Administrative questions should be directed to Associate Dean Gerry Muir.