Courses

• LAW BK 988: Mergers and Acquisitions
  This course deals with key issues that arise in bank mergers and acquisitions. Business and transactional topics include: merger and acquisition strategies, deal structure and pricing, hostile takeovers and defenses, duties of directors, disclosure obligations, due diligence, mergers of equals, social issues, tax considerations, and accounting issues. Regulatory topics include: federal and state approval processes, regulatory considerations in the structuring of transactions, antitrust considerations, interstate banking issues, the Community Reinvestment Act, thrift and other nonbank acquisitions, Glass-Steagall and Bank Holding Company Act issues, and cross-industry transactions.
• LAW BK 990: Government Regulation of Insurance
  This course provides an overview of the regulatory system that governs the insurance industry as well as insight into the industry's business structure and its product mix, from traditional insurance to complex securities products. It traces the development of insurance regulation and examines its underlying objectives. It covers the key elements of state insurance regulation-licensing of insurance companies and agents, rate setting, solvency controls, and the liquidation process, focusing on the model laws that are in force in most jurisdictions. It considers the manner in which consumer rights are protected. The course examines the McCarran-Ferguson Act's allocation of authority between the state and federal governments and the ever-developing body of case law interpreting the Act. It reviews the provisions of the 1999 financial reform legislation (Gramm-Leach-Bliley ) that allows insurance companies to enter into business combinations with other financial services providers and allocates regulatory jurisdiction over insurance activities. The course looks at the express and implicit policy questions that lie behind insurance regulation. It concludes with a look at two emerging issues, the controversy over health insurance and the debate over federal chartering of insurance companies.
• LAW BK 991: Commercial Lending
  This course studies the legal problems involved in documenting various types of financing transactions ranging from short-term unsecured loans which are based on the borrower's general credit to long-term, asset-based financings in which the lender does not have recourse to the borrower's general assets. The documentation process is followed from the preparation of the initial term sheet through the rendering of legal opinions at closing. The major aspects of a loan agreement, specifically representations and warranties, lending provisions, closing conditions, pricing, covenants, and defaults, are studied in detail in an effort to insure that each student understands the mechanics of a financing transaction. The special legal problems involved in inventory and receivables financing, project financing, construction credits, and leasing transactions are highlighted. Subordination agreements, participation agreements, and other inter-creditor arrangements are discussed. The provisions of the Bank Holding Company Act that relate to financing transactions, bank legal lending limits, margin requirements, and usury are considered. A discussion format is employed to the extent feasible, and problems and illustrations are used to focus and encourage class participation. The grade is based on a final examination, class participation and a brief analytical paper.
• LAW BK 995: Consumer Financial Services
  An overview of the laws relating to the offering of both traditional and innovative consumer financial services, including installment, revolving, and real estate lending, credit and debit cards; and ATM networks, point of sale, home banking, and other deposit services. The course examines the design of retail financial products and considers operational issues, the regulatory framework, and consumer protection laws including Truth in Lending, Equal Credit Opportunity, Community Reinvestment Acts, and federal and state laws governing fair credit reporting, trade practices, usury, electronic funds transfers, and funds availability.
• LAW JD 606: Legislation
  Examines the lawmaking process in legislatures, theories and rules of statutory interpretation in the courts, and the relationships among statutory law, administrative law, common law, and constitutional law.
• LAW JD 721: Advanced Civil Procedure: Access to the Courts
  Courts spend a lot of time and energy figuring out whether a litigant or case is properly before it, and, for this reason, an understanding of threshold issues - matters that a court must determine before it will consider a case on its merits - is crucial for any litigator. These issues include whether a litigant, and the litigant's suit, is properly before the court; whether the issues are correctly framed; whether the court before which the suit is brought is the appropriate forum; and whether the issue or claim has been heard before. The determination of these issues is often complex, and despite the ostensibly preliminary nature of the inquiry, is frequently intertwined with a consideration of the merits. In this course, we will cover both basic and advanced aspects of these threshold matters, and discuss their change over time.
• LAW JD 722: Advanced Environmental Law: Environmental Litigation (S)
  The enactment of the National Environmental Policy Act (NEPA) in 1969 marked a sea change in environmental law and litigation. NEPA — which is solely procedural — required agencies to consider environmental values before taking actions having environmental effects. Prior to NEPA, environmental problems were seen as local issues, and the common-law doctrines of nuisance and trespass were the only routes available for citizens or groups seeking legal recourse against the despoliation of the environment. This course will look at environmental litigation both pre and post-NEPA. We will examine issues of justiciability in the context of environmental litigation, including barriers to standing and the citizen-suit provisions written into many environmental laws. We will also analyze litigation brought under substantive federal laws such as the Clean Water Act and the Endangered Species Act, and discuss the interaction between federal and state environmental laws. NOTE: A limited number of students may be permitted to satisfy the Upper-class Writing Requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
• LAW JD 723: Economic Torts (S)
  This seminar will examine the law of torts that produce only economic injuries: professional negligence, fraud, interference with contract, and the like. Students will perform research and make presentations on these topics. This seminar cannot be used to satisfy the upper-class writing requirement. ENROLLMENT LIMIT: 20 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.
• LAW JD 724: Counseling the Small Business (S)
  This seminar presents an introductory survey of the law governing the creation and operation of the small business. The seminar will examine counseling the small business company or entrepreneur in the context of the broad span of substantive legal areas, including such subjects as business formation, contracts, torts, franchising, employment, anti-trust, real estate, regulatory compliance, and consumer issues. The seminar will focus on both a substantive understanding of business law and practical legal training, including role playing, document drafting, and similar hands-on skills required of lawyers in private practice. NOTE: This seminar does not satisfy the Upper-class Writing Requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
• LAW JD 725: Political Responsibility: A Duty to Obey and a Duty to Disobey (S)
  The duty to support just institutions calls for compliance with just laws but not with unjust laws. But no political system, however well designed, can guarantee the justice of all of its laws; and theorists have long defended the widely accepted idea that every member of a community is morally obligated to obey all of its laws, including its unjust laws. This seminar will critically examine the more familiar and the more promising grounds that have been proposed for such an obligation, such as consent, gratitude, fairness and the duty of justice itself. We will also consider the possibility of basing a duty to disobey on the same grounds. Required writing will include a term paper on an approved topic in two drafts. A short mid-term paper may also be required. The seminar will be cross-listed in Philosophy and will be open to a limited number of non-law students.
• LAW JD 726: Fraud and Abuse in Health Care (S)
  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 Anti-Kickback Act and the False Claims Act, 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. **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.
• LAW JD 727: Law and the Lobby
  Lobbying is fundamental to our participatory democracy. The courts have steadfastly upheld the right to lobby based on the First Amendment. Lobbying efforts have led to numerous societal gains from cleaner air to safer cars. Lobbyists also play a vital role in helping members of the government understand complex issues. However, lobbying has a dark side. Throughout our country’s history there have been scandals where money was used to unethically and unlawfully gain influence. Efforts to regulate lobbying have followed each major outrage yet they continue. This class will explore the legal, business and public policy aspects of lobbying. The course begins with history of lobbying focused on its legal foundation, regulation and resulting litigation. Next the business of lobbying is explored including the size, structure, strategy and economics of the industry. Finally we consider the impact of recent events on the future of lobbying - What has been the fallout from the Abramoff scandal? What is the impact of the Citizens United decision? What is the impact of the internet on lobbying, especially for non-profits? The reading materials include legislation, legal cases and business cases, collated by the instructors. Students will be required to write one 15 page paper at the end of the course.
• LAW JD 728: Government Lawyering Externship/Fieldwork (C)
  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. This course examines, in both theory and practice, the role of a government lawyer. Students will work in the United States Attorney’s Office for the District of Massachusetts, the Massachusetts Attorney General’s Office, or other federal or state government agencies. Students must apply to and be accepted by the office in which they are interested in working. COREQUISITE: Government Lawyering Seminar (JD 729)
• LAW JD 729: Government Lawyering Externship/Seminar
  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)
• LAW JD 730: Civil Rights of Non-Citizens in the Immigration Process (S)
  This seminar will examine the civil rights of noncitizens in the immigration process and the use of motions to suppress evidence, habeas corpus, mandamus, the Administrative Procedure Act, the Federal Tort Claims Act and other federal actions or complaints to challenge the violation of these rights in the current environment of increased immigration enforcement. Students will focus on actions challenging the legality of interrogation, arrest, detention, and delayed petitions for status as well as the limitations on judicial review of agency action in the immigration context. The final grade will be based on writing requirements, for which students will have the opportunity to work on real cases. 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.
• LAW JD 731: Critical Race Theory (S)
  This seminar explores the utility of Critical Race Theory to the study of law. Specifically, this seminar analyzes the centrality of the law in constructing and maintaining -- as well as dismantling -- racism, racial inequalities, and race itself. The latter part of the seminar will consist of a sustained analysis of Critical Race Theory as it speaks to issues of gender and reproduction. Students will write a research paper; with the permission of the instructor, this paper may satisfy the upperclass writing requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
• LAW JD 733: Intellectual Property Law Research
  Intellectual property law is a multi-faceted area of practice where it is especially important to be able to keep up with current developments. Legal information and technologies are constantly changing, and new lawyers should be familiar with the most current research techniques and resources. Students will learn to navigate the statutory and regulatory framework, examine the role of legislative history, case law and agency information in intellectual property law research, and use sources for securing intellectual property rights. Students will become familiar with specialized practice materials and the databases for patent and trademark searching that are licensed by many firms practicing intellectual property law. Classes will combine instruction and hands-on exercises using major print, electronic, and web based resources for intellectual property law research. Students will be required to complete several assignments using electronic and print resources. NOTE: Students may not add this course after the first class has been held. THIS COURSE MEETS JANUARY 13 THROUGH FEBRUARY 10.
• LAW JD 734: Securities Law Research
  Securities law is a complex and dynamic area of law with unique legal research challenges. Legal information and technologies in this area are constantly changing and new lawyers should be familiar with the most current research techniques and resources. Students will learn to navigate the statutory and regulatory framework of securities law, search for securities filings and company information, and examine the role of legislative history, case law and SEC information in securities law research. Students will become familiar with specialized practice materials and databases licensed by many firms practicing securities law. Classes will combine instruction and hands-on exercises using major print, electronic, and web based resources for securities law research. Students will be required to complete several assignments using electronic and print resources. NOTE: Students may not add this course after the first class has been held. THIS COURSE MEETS OCTOBER 19 THROUGH NOVEMBER 16.
• LAW JD 735: Judicial Externship: Fieldwork (C)
  The Judicial Externship is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Through the Judicial Externship Program, you may work part-time for credit for a judge in the state or federal court system. As a judicial intern, you will work on assignments typically handled during a post-graduate clerkship. You will spend 16-20 hrs./wk. at your field placement, earning 4-5 ungraded credits. COREQUISITE: Judicial Externship: Judicial Process Seminar (JD 736).
• LAW JD 736: Judicial Externship: Judicial Process Seminar
  The Judicial Externship is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. In this seminar, which is the class component for the Judicial Externship Program, we will discuss several issues related to the roles of the judge and judicial intern. We will discuss issues of confidentiality and ethical considerations applicable to judges and to interns and law clerks. We also will explore the differences between trial and appellate courts, which set the parameters within which judges make decisions. Students will receive advanced instruction in legal research and writing applicable to their placements. We will discuss examples of effective and ineffective lawyering that interns observe in their placements. We also will focus on the legal and philosophical foundations of judicial decision-making, and how those influence decisions. Finally, we will discuss specialty courts, and processes that judges use to help parties resolve disputes, such as mediation and settlement. Students will be required to write regular journals and a 15 page final paper. Students may be required to do a class presentation. There will be no final exam but students will be evaluated on their final paper, journals, class participation, and class presentation. NOTE: This seminar does NOT satisfy the professional responsibility requirement. COREQUISITE: Judicial Externship/Fieldwork (JD 735)

Note that this information may change at any time.

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