Courses

• LAW JD 783: Legislative Policy & Drafting Clinic/Intellectual Property Law
  The Legislative Policy & Drafting Clinic is a one-semester clinical program offered in the spring. Students must apply and be accepted to the program before they register. Drafters selected for the Legislative Drafting Clinics may enroll in any one of the four clinics. Drafters select their projects from a wide range of topic areas. Each drafter provides the client with a legislative bill and a supporting research report. Most bills are filed in the Massachusetts legislature, and some have become law. Successful completion of the research report satisfies the Upper-class Writing Requirement. Drafters in this section may count the clinic toward the Concentration in Intellectual Property. During the first half of the semester, drafters in all of the Legislation Clinics meet together in a twice-weekly seminar on legislative problem-solving, research methods and legislative drafting techniques. During the second half of the semester, the clinics separate and meet in small critique groups that bring together drafters, editors and faculty. Critique group members review the first draft of each report and bill. The group advises each drafter on researching facts and law, presenting a persuasive analysis and drafting clear, enforceable legislation. Many drafters have reported that their analytical skills and writing style improved significantly through the critique group process. The Legislation Clinics provide each drafter with a student editor selected from former drafters in the program. Editors advise their drafters throughout every phase of the analysis and drafting process. NOTE: The Legislative Policy & Drafting Clinic satisfies the upper-class professional skills requirement.
• LAW JD 784: Legislative Policy & Drafting Clinic/Health & Environmental Law
  The Legislative Policy & Drafting Clinic is a one-semester clinical program offered in the spring. Students must apply and be accepted to the program before they register. Drafters selected for the Legislative Drafting Clinics may enroll in any one of the four clinics. Drafters select their projects from a wide range of topic areas. Each drafter provides the client with a legislative bill and a supporting research report. Most bills are filed in the Massachusetts legislature, and some have become law. Successful completion of the research report satisfies the Upper-class Writing Requirement. Drafters in this section may count the clinic toward the Concentration in Health Law. During the first half of the semester, drafters in all of the Legislation Clinics meet together in a twice-weekly seminar on legislative problem-solving, research methods and legislative drafting techniques. During the second half of the semester, the clinics separate and meet in small critique groups that bring together drafters, editors and faculty. Critique group members review the first draft of each report and bill. The group advises each drafter on researching facts and law, presenting a persuasive analysis and drafting clear, enforceable legislation. Many drafters have reported that their analytical skills and writing style improved significantly through the critique group process. The Legislation Clinics provide each drafter with a student editor selected from former drafters in the program. Editors advise their drafters throughout every phase of the analysis and drafting process. NOTE: The Legislative Policy & Drafting Clinic satisfies the upper-class professional skills requirement.
• LAW JD 785: Federal Civil Practice (S)
  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. ** 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 786: American Legislative Practice: Clinic Option (C)
  NOTE: Restricted to students who apply and are accepted into the program. The American Legislative Practice Clinic is a one-semester clinical program (six graded credits), offered in the fall and spring. The in-class seminar will cover subjects that affect the legislative process including: constitutional interpretation by legislatures, theories of representation, legislative organization and rules, lobbying, legislative oversight powers, and legislature-executive agency relationships. The clinic gives students the opportunity to develop and apply a variety of legal skills to the legislative process. Clinic participants work on several projects during the semester that highlight different aspects of the legislative process, allowing students to relate—and test—the theories discussed in class to real life situations.
• LAW JD 787: Crime and Punishment: Philosophical Perspectives (S)
  This seminar will explore a broad range of issues concerning the philosophy of punishment and the substantive criminal law. Topics may include: retributivist and utilitarian justifications for punishment; what should be criminalized; what mens rea or mental state should be required for criminal liability; the moral and legal relevance of the distinction between purposely and knowingly causing harm (not only in criminal law, but also in just war law and theory); whether fortuity or “moral luck” justifies punishing completed crimes more than attempts; justification (e.g. self-defense and necessity) and excuse (e.g. duress and provocation); the meaning and significance of consent in sexual assault and other crimes; the insanity defense (with attention to the free will/ determinism debate); and feminist perspectives on some criminal law topics. The seminar is open both to law students and to philosophy students. For law students, no prior background in philosophy is presupposed; for philosophy students, no prior background in criminal law is presupposed. Students will be asked to submit brief written questions and comments about the readings on a weekly basis, and a 15-page paper at the end of the semester, which can be based on the class readings. For those law students wishing to satisfy the writing requirement, a 25-page paper is required. **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 788: Contract and Corporate Drafting (S)
  This course will focus on developing transactional legal writing skills by drafting and editing a number of operational and deal documents, including some of the documents that an associate is responsible for in his or her early years of practice. The class will include short written assignments which have quick turnaround times, to emphasize the experience of working in a law firm. Assignments will develop key habits necessary for success as a junior transactional attorney. Students will also reinforce their substantive knowledge of corporate law through the close reading of common corporate documents and contracts. Class time will be spent analyzing and critiquing contracts. ENROLLMENT LIMIT: 18 students. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the upper-class professional skills requirement. **A student who fails to attend the initial meeting of a seminar (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 790: Employee Benefit Plans
  This course provides an overview of the major mandatory and non-mandatory employee benefits–deferred compensation, workers compensation, unemployment insurance, health insurance, the Fair Labor Standards Act, and Social Security. An in-depth examination of ERISA occupies approximately 8 weeks of the course. This is a growing and dynamic practice area. We will study qualified plans, plan design, Section 510 (benefits discrimination) cases, COBRA and claims for benefits cases. A three hour final examination is required.
• LAW JD 793: Trade Secrets and Restrictive Covenants
  This course will examine the theory, practice, and interrelationship of trade secret law and the law of restrictive covenants, including laws governing the use and enforceability of noncompetition agreements. We will explore what a trade secret is, what it is not, how it differs from other types of intellectual property, and how something secret can constitute protectable property. We will investigate how trade secrets can be misappropriated, including misappropriation through one’s memory; whether and in what circumstances trade secrets will be protected, including through the use of noncompetition agreements, nondisclosure agreements, and other restrictive covenants; the other purposes served by those agreements; and the strengths and weaknesses of the various laws governing the protection of trade secrets and the use of restrictive covenants. Depending on class interest and time, we may discuss related issues such as the current debate over the use of noncompete agreements and their putative effects on innovation. NOTE: This course satisfies the upper-class professional skills requirement.
• LAW JD 794: Bankruptcy Practice: Chapter 11 Reorganizations and Sales of Businesses (S)
  This seminar will examine Chapter 11 from the point of view of attorneys for all participants in the process. It is designed to provide the student with knowledge of the uses of Chapter 11, the parties involved in a Chapter 11 proceeding, the substantive law governing Chapter 11 and the Plan of Reorganization process. This seminar will explore avoidance actions, executory contracts including those dealing with real estate, equipment and intellectual property, the increasing use of Chapter 11 as a vehicle to accomplish the sale of businesses and the “cram down” of creditors to accomplish confirmation of Plans of Reorganization. Also to be considered are the impact of changes in judicial, legislative and societal attitudes on the restructuring process. There will be no reading assignment for the first meeting. Grades will depend primarily on one (1) research paper which will be required of each student. Grades will be adjusted to account for class participation. 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.
• LAW JD 796: Global Climate Change (S)
  In the “Copenhagen Accord” (December 2009) governments endorsed the goal of “stabilizing greenhouse gas concentration in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system”. This seminar will examine selected issues of science, technology, economics, politics, and law involved in efforts to achieve climate goals. Among others, issues include international negotiations and the work of the IPCC (Intergovernmental Panel on Climate Change), the “common but differentiated responsibilities” of developed and developing countries, “cap & trade” or “cap & dividend” systems, emissions “offsets” through the Clean Development Mechanism, financial & technology transfer, energy efficiency commitments by China & India, “low-carbon economies”, and the design of energy and climate bills pending in the US Congress. Research papers are required; some papers may qualify for upperclass writing credit. ** 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 799: Tax Policy (S)
  This seminar will examine criteria used to make administrative and legislative choices in taxation: equity, efficiency, administrability and simplicity. As a particular focus, we will study some of the connections between a tax system and spending programs. PREREQUISITE: INTRODUCTION TO FEDERAL INCOME TAXATION. LIMITED WRITING OPTION: A limited number of students will be able to satisfy the writing requirement with a paper. ** 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.
• LAW JD 800: Local Government Law
  A study of the law governing the powers and duties of local governments, mainly municipal corporations such as cities and towns. We look at the sources of municipal powers, the limits on those powers, the relationship between municipalities and the state including the relationship between state and local law, and the formation and expansion of municipalities. An important subject of study involves looking at various models of the relationship between the municipality and the state including home rule. We will also look at some issues in municipal finance and zoning power. The purpose of this introductory course is to provide a solid basis for a more general understanding of the myriad issues that arise under the Local Government Law rubric.
• LAW JD 801: Administrative Law
  LAWSON/WEXLER SECTIONS: This course will examine the nature and functions of federal administrative agencies and the legal controls on agency action. Topics include the status of administrative agencies in the constitutional framework of separation of powers; agency rulemaking and adjudication; and the availability, timing, and scope of judicial review of agency action. BEERMANN SECTION: 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.
• LAW JD 802: Food, Drug and Cosmetic Law (S)
  This seminar examines the Food and Drug Administration as an administrative agency combining law and science to regulate activities affecting public health and safety. Topics include testing and approval of pharmaceuticals and medical devices; food safety and nutritional policy; biologics and biotechnology regulation; cosmetic regulation; pricing of and reimbursement for drugs and devices; global aspects of pharmaceutical regulation, US and foreign patent issues, and FDA practice and procedure; jurisdiction and enforcement. A writing project involving research on food and drug issues will be required. RECOMMENDED COURSE: Administrative Law. NOTE: This seminar satisfies the upper-class professional skills requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
• LAW JD 803: Bankruptcy & Creditors' Rights
  This course examines financial restructuring under the Bankruptcy Code. It is a problem oriented course which explores ways that debtors - individual, corporate, municipal and charitable - use federal law to avoid loss of assets to creditors and at the same time cancel (discharge) their financial obligations in the internet age. Also examines the pitfalls and possibilities existing for individuals who prefer to sell their assets under Chapter 7 and receive an immediate discharge and ways in which creditors can protect their interests. An emphasis of the course is working with actual plans created by courts and law firms to solve financial problems. More traditional aspects of the field such as the role of a trustee, assembling of assets and the impact of federal law on rights and remedies existing at state law is considered. Related areas of law such as the Uniform Commercial Code and the federal Tax Lien Act are explored because they affect debtor and creditor rights. The course focuses around 11 problems with supplemental material. The purpose of the course is to make the student familiar with the federal code which governs financial reordering, the Bankruptcy Code.
• LAW JD 804: American Legal History
  Selected topics in 19th- and 20th-century U.S. legal history. We will first explore the role of the legal profession in four public controversies: the authority of English common law after the American Revolution, slavery and racism, women's rights, and organized labor. We will then turn our attention to various methodologies for interpreting legal change: formalism, realism, law and economics, critical legal studies, and feminist jurisprudence. Readings (which will be plentiful) are drawn from primary sources (cases, speeches, and treatises) and secondary literature (articles and books). LIMITED WRITING OPTION: Some students may, with the permission of the instructor, fulfill the Upperclass Writing Requirement by submitting a paper in lieu of the final examination.
• LAW JD 807: Commercial Code
  Survey course in commercial transactions under the Uniform Commercial Code. Focus is upon the Uniform Commercial Code as a codified body of law with emphasis given to statutory treatment of the law of sales, secured transactions and negotiable instruments. RESTRICTION: Students who have previously completed Commercial Law: Sales, Commercial Law: Secured Transactions; and/or Commercial Law: Payments may enroll with the permission of the instructor.
• LAW JD 808: Commercial Law: Sales
  Article 2 of the Uniform Commercial Code is the focus of this course. Emphasis will be on specific topics such as contract formation and interpretation within the Sales article. The course will also deal with remedies for breach of contract. The Sales course will emphasize a more intense discussion and consideration of particular topics in the Sales area than is possible with the four hour Commercial Code course. RESTRICTION: Students who have taken or enrolled in COMMERCIAL CODE may enroll with the permission of the instructor.
• LAW JD 810: Constitutional Law
  Considers selected issues concerning judicial review, federalism, separation of powers, and individual rights.
• LAW JD 811: Telecommunications Law
  This course examines a wide range of topics in telecommunications law and policy. We will study the development of communication devices and networks including the telegraph, telephone, radio, television, and the Internet. The development and use of communications networks is greatly affected by the regulations implemented by the Federal Communications Commission and state public utility commissions, thus students will learn much about how the agencies work. Certain topics will draw our attention to issues in antitrust, intellectual property and constitutional law (particularly the First Amendment). The rapid pace of technical change and the convergence of previously distinct communications systems makes this an exciting time to study these issues.

Note that this information may change at any time.

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