Courses

• LAW JD 812: Attorney-Client Privilege, Work Product & Lawyer-Client Confidentiality (S)
  This seminar will offer an in-depth analysis of the attorney-client privilege, the work product doctrine, and lawyer-client confidentiality with special emphasis on recent developments in these areas of the law. Among sub-topics to be covered will be (a) changes in the American Bar Association's Model Rules of Professional Conduct, Rules 1.6 and 1.13, and the reasons why these changes occurred; (b) the erosion of the attorney-client privilege and the work product doctrine through governmental action requiring waivers of the privilege in corporate crime cases; (c) case law interpretations of what constitutes a waiver and what falls within the crime fraud exception; (d) an analysis of common interest agreements, and their effectiveness in protecting attorney-client privilege and work product; (e) the impact of corporate scandals on confidentiality within corporations, including whether the Sarbanes-Oxley Act and new SEC Regulation for lawyer conduct will destroy the concept of candid communications between corporate officers and in-house counsel contemplated by the Upjohn case; and (f) whether any confidential or privileged communications continue to exist between governmental lawyers and their governmental clients. Students will be asked to complete a paper as part of the course. NOTES: This seminar does not satisfy the Professional Responsibility requirement. This seminar satisfies the upper-class professional skills requirement. 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.
• LAW JD 813: Contracts
  Legal and equitable remedies for enforcing contracts, determining what promises are enforceable, elements of assent, standards of fairness and restrictions on bargaining processes, and tests for performance and breach
• LAW JD 814: Family Law
  SILBAUGH'S SECTION: 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; domestic partnership; divorce and dissolution of relationships; the financial consequences of divorce including property division and alimony; premarital agreements; the laws governing non-marital relationships; domestic violence; child custody, visitation, and parenting plans; child support; paternity; assisted reproductive technologies; child welfare issues such as abuse and neglect laws; reproductive rights; 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. MCCLAIN'S SECTION: This survey course will provide an introduction to family law. Students will learn about the legal regulation of the family, a basic social institution. The course will focus on marriage, divorce, and parenthood. Topics concerning marriage will include: legal definitions of family, legal requirements for entering into marriage, informal marriage, cohabitation, legal consequences of marital status, common law incidents of marriage and transformation of the common law, domestic violence, legal and political debates over same-sex marriage and recognizing legal alternatives to marriage such as civil unions and domestic partnerships. Topics concerning family dissolution will include traditional and “no fault” divorce, lawyering and alternative dispute resolution, child custody, property division, and spousal and child support. Students will also learn about tensions in family law over how to define and recognize legal parenthood. We will address some issues of conflicts of law and federal and state jurisdiction over family law. An aim of the course is to introduce students to family law as a dynamic field of law, which has undergone significant transformation and which draws on many other fields of law, such as property, contracts, constitutional law, conflicts of laws, and torts, as well as on the social sciences. There will be a final examination. There is also a course requirement of an in-class, ungraded negotiation exercise and a related short paper. NOTE: Professor McClain's section of this course satisfies the upper-class professional skills requirement.
• LAW JD 815: Negotiable Instruments
  This course will focus its attention on Article 3 of the Uniform Commercial Code. Its purpose will be to provide an in depth study of the law governing promissory notes, drafts, and checks. Although business transactions will be emphasized, consumer related issues, in so far as they involve promissory notes and checks, will also be considered. The law governing bank collections of checks (Article 4 of the Uniform Commercial Code) will be examined only as it relates to Article 3 issues. Because this course involves intensive study of negotiable instruments not possible in the Commercial Code course, students who have taken or wish to take the Commercial Code course and the Sales course may also take the negotiable instruments course with the permission of the instructor.
• LAW JD 816: Corporations
  Course about the legal structure and characteristics of business corporations. Topics include the promotion and formation of corporations; the distribution of power between management and shareholders; the limitations on management powers imposed by state law fiduciary duties and federal securities laws; shareholder derivative suits; capital structure and financing of corporations; and fundamental changes in corporate structure, such as mergers and sales of assets. The course serves as a PREREQUISITE to advanced courses.
• LAW JD 817: Legislative Policy & Drafting Clinic/General (C)
  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. 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 818: Legislative Policy & Drafting Clinic/Editor
  After completing a semester as a drafter, a student may be selected by the clinic faculty to serve as a clinic editor. Editors are selected based on their work as drafters and their enthusiasm for advising drafters. Editors may serve for one or two semesters and receive two credits per semester.
• LAW JD 820: Criminal Procedure: Adjudicatory
  This course examines the basic issues in criminal procedure from the “bail to jail” stage of the process. We will examine the various stages – and protections – provided to persons involved in the criminal justice system. How does the U.S. Constitution – especially the fifth, sixth, and eight amendments – impact the criminal justice system? In particular, we will look at such issues as the right to counsel, bail and detention, prosecutorial discretion in charging and plea bargaining of cases, the grand jury, discovery, jury selection, trial and motion practice (including motions to suppress and/or exclude evidence), and sentencing. RESTRICTIONS: Enrollment is limited to students who have not taken or who are enrolled in CRIMINAL PROCEDURE: COMPREHENSIVE. Students who have taken or who are enrolled in CRIMINAL PROCEDURE: THE INVESTIGATIVE PROCESS are permitted to take this course.
• LAW JD 821: Criminal Procedure (formerly Criminal Procedure: The Investigatory Process)
  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: Enrollment is limited to students who have not taken CRIMINAL PROCEDURE: COMPREHENSIVE.
• LAW JD 824: Juvenile Delinquency (S)
  The American juvenile justice system was established over one hundred years ago to address the problem of young offenders. This course explores 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? Issues such as police interrogation of juveniles, school safety, search and seizure, female offenders, and anti-youth crime policies will be addressed by scrutinizing court cases 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 over arching issue of whether it makes sense to maintain a separate system for juveniles, we may compare our system to those of other nations. Students are expected to attend each class prepared to discuss the assigned readings. Course requirements include a weekly reading response, a 15-20 page final paper, a class presentation based on paper topic or related class readings, and a visit to the Boston Juvenile Court. A limited number of students will be permitted to fulfill the upper-class writing certification requirement. NOTE: 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 825: Election Law (formerly Law & the Democratic Process)
  This course examines the law that organizes democratic processes of election and decision-making. Topics include the historical struggle for minority enfranchisement, redistricting and reapportionment, the role of political parties, the Supreme Court’s decision in Bush v. Gore, campaign-finance law, the Voting Rights Act, and partisan or bipartisan gerrymandering. Active participation in class discussion is required.
• LAW JD 826: Mediation: Theory & Practice (S)
  This course will cover the theory and practice of mediation, the use of mediation to resolve disputes in many different legal contexts and the development of practical mediation skills. We will examine the mediation process, including the roles of the mediator and the attorney-advocate representing a party in mediation. We will also address pre-dispute drafting of dispute resolution clauses; mediator selection; and preparation for participation in mediation. The course will include skill building through interactive role-plays. Mediation is part of the legal landscape in every substantive area and legal setting. We will survey many of the areas where mediation is being used effectively to resolve disputes and manage conflicts, including business and commercial; court-connected; federal-state agency (environmental and others); employment/workplace; family and divorce; school and community and international mediation. Due to the interactive nature of the class, you will be expected to attend all scheduled classes and to participate actively. Active participation includes in-class discussion, 7 or more mediation role-plays, assigned reading and preparation of a mediator’s journal. You will have one or more opportunities to act as a mediator, a party to mediation or a representative of a party in mediation simulations with other members of the class. 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, 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 827: Restorative Justice: Principles and Practices
  The course explores the needs of key stakeholders in a justice system (victims, offenders, communities, justice systems), 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 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. ENROLLMENT LIMIT: 15 students.
• LAW JD 828: Wrongful Convictions Clinic (C)
  Participants will engage in screening applications from prisoners claiming innocence, who have requested help from the New England Innocence Project. Clinic students are obliged to spend five hours a week on Clinic work, under supervision. Students will receive one ungraded credit for this work. Two applicants will be chosen from the enrollees by lottery in the first week of the semester; subsequent openings, if any, will be filled from the wait-list. Participants will be expected to attend an orientation program, conducted at the offices of Goodwin Procter LLP in Boston, in late September. Although it is possible that a student’s Clinic case work will be completed in the Fall semester, it is more likely to continue into and through the 2011 Spring semester. In that case, award of the credit hour will be deferred until satisfactory completion of work in the Spring. Hours spent on Clinic work in the Spring semester may be counted toward satisfaction of the School’s Pro Bono Pledge. NOTE: The Clinic satisfies the upper-class professional skills requirement.
• LAW JD 830: Federal Habeas Corpus (S)
  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.
• LAW JD 831: Evidence
  Practical and theoretical aspects of the rules of evidence. The purpose and policies underlying the evidentiary rules are stressed throughout in order to make the rules meaningful, predictable, and functional both for students interested in trial practice and for students who anticipate engaging in a more diversified practice. In addition to covering the substantive rules of evidence, the course demonstrates the significance of evidence as a tactical device at the trial and as a vital skill for the office lawyer.
• LAW JD 833: Environmental Law
  This is an introductory survey class in environmental law. Topics include the control of air and water pollution, toxic substances, and hazardous waste, as well as protection of wetlands and endangered species. Administrative Law is recommended but not required as a prerequisite.
• LAW JD 834: Employment Discrimination and Employment Law
  The course focuses on race, sex, age, and disability employment discrimination prohibitions. Affirmative action, religious discrimination, constitutional protections of public sector workers, anti retaliation and whistleblower laws, and common law protection against arbitrary dismissals are also covered. Important procedural issues, including arbitration, are highlighted.
• LAW JD 835: Jewish Law (S)
  A selective study of the Jewish legal system. The sources and structure of Jewish law, its development and modern-day status will be analyzed from a jurisprudential perspective. The underlying assumptions of the system and its social policy objectives will be carefully examined with particular emphasis on their relationship to the decision-making process. You do not need any background in Jewish studies. (A substantial number of students in past years have been non-Jewish.) A final examination will be given. ** 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 836: Federal Courts
  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.

Note that this information may change at any time.

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