Courses

• LAW JD 887: Taxation of Corporations and Shareholders
  Federal income tax considerations have major implications for planning in the corporate area. This course focuses on income tax issues in transactions between corporations and shareholders, including distributions, exchanges, reorganizations and capital contributions. PREREQUISITE: INTRODUCTION TO FEDERAL INCOME TAXATION.
• LAW JD 889: Introduction to Federal Income Taxation
  The income tax is a pervasive feature of life in the United States and lawyers encounter tax issues in virtually every field of practice. This course introduces students to the fundamental principles of the federal income tax, and its impact on a wide range of matters, including employment, tort claims, divorce, retirement, and especially business activities and investments of all types. Topics include: the concept of income, determination of gross income, allowance of deductions and the determination of taxable income, identification of the taxpayer, taxable periods and timing, the determination of gain or loss (including realization and recognition) from dealings in property, the concept of income tax basis, and the process of change in the tax law.
• LAW JD 890: National Security Law
  This course will examine the framework of constitutional, statutory, and international law, which variously both authorize and constrain the U.S. government’s conduct of national security policy at home and abroad. We will cover, in particular, (i) the respective powers of each branch of the federal government in the realm of national security law; (ii) the use of military force; (iii) counter-terrorism policies and controversies (military tribunals, the detention and trial of “enemy combatants,” extraordinary rendition, etc.); and (iv) counter-intelligence, surveillance, and covert action.
• LAW JD 891: Historic Preservation (S)
  Historic Preservation Law is an interdisciplinary seminar that will explore legal issues encountered in the preservation, conservation and management of historic buildings, neighborhoods, and districts. In lieu of a traditional exam or term paper, students will engage in field research and investigation of real community projects as part of semester long case studies, where they will work with lawyers, government officials and grass-roots advocates involved with the projects. Students will work with teams of other students on these projects, and each team will make a formal presentation to the class at the end of the semester. The relative utility of traditional legal techniques (such as land use planning devices, transfer of development rights, zoning, easements, revolving trusts, leasehold covenants and financing) will be carefully analyzed; the policies and impact of federal, state and local laws, including federal historic tax credits and the Community Preservation Act in Massachusetts, will be examined; and possible new approaches will be considered. By incorporating students from related disciplines into the seminar, it is hoped that the interface of law, economics, planning, design review, and the architectural discipline will enable the problems to be analyzed from a variety of perspectives reflecting a client’s and a community’s practical concerns. NOTE: 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 (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 892: Torts
  Principles of civil recovery for injury, including strict liability, negligence, and the intentional torts, with emphasis on the social, economic, and moral underpinnings of the doctrines.
• LAW JD 893: Writing Llms
  
• LAW JD 894: Trial Advocacy
  This course introduces the student to the structure of the trial process and the skills used by trial lawyers. The topics covered range from opening statements to closing arguments, including conducting direct and cross-­examination of witnesses, making and meeting objections, introducing documents and discovery into evidence, and using hypothetical questions with expert witnesses. Students must perform simulated exercises and will try one or more civil or criminal cases before a jury. Visit the web for more information on the instructors. PREREQUISITE: EVIDENCE. Students taking TRIAL ADVOCACY in the second semester of their third year may take EVIDENCE as a COREQUISITE. Students who have taken part in a clinic may not subsequently enroll in Trial Advocacy. *** A student who fails either to attend the initial meeting of a section of Trial Advocacy, 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.
• LAW JD 895: Children and the Law
  This course introduces students to a number of legal issues relating to children and to how various social, economic, political, and legal institutions shape childhood and child development. A central focus is the allocation of decisional power among the child, the family, and the state: how the legal system attempts to reconcile commitments to the fundamental constitutional liberty of parents, state authority for promoting the well-being and protecting the interests of children, and the rights and interests of children themselves. Among the topics considered are the scope of parental liberty as a constitutional right, children’s rights (including human rights) and obligations, the debate over children’s rights, education, defining and creating the parent-child relationship (including adoption), economic support of children, parental discipline of children, child abuse and neglect, foster care, medical treatment of children, sexual and reproductive rights and responsibilities of adolescents, delinquency, and legal representation of children. Students have two options for the written requirement: a final exam or three papers on assigned topics. There is also a limited research paper option. In addition, there will be one skills exercise and one reflection paper. NOTE: This course satisfies the upper-class professional skills requirement.
• LAW JD 898: Criminal Trial Practice II/Defenders (C)
  THIS CLASS IS RESTRICTED to 3L students who have applied to and been accepted into the Criminal Clinical Program and who will begin the program in Fall 2010. This course will meet in the second semester for those students who have completed Criminal Trial Practice I. Students in the Defender Program will be assigned to represent indigent defendants charged with criminal offenses in either the Boston Municipal Court or the Boston Juvenile Court. In both locations, the students will act as defense counsel under the supervision of a clinical professor. The work in court will provide students with exposure to lawyering experiences such as investigation, interviewing, counseling and trial advocacy. Primary emphasis is on the development of trial skills, and students will spend the first part of the semester acting as defense counsel in misdemeanor cases of increasing complexity. Later in the semester, representation in felony cases is possible, as well as exposure to a number of other aspects of the criminal justice system. At all times, of course, case assignments are based upon an individual assessment of a student's progress and demonstrated competence. Students in the Defender Program must be available to be in court two days a week, from Monday through Thursday. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.
• LAW JD 899: Criminal Trial Practice II/Prosecutors (C)
  THIS CLASS IS RESTRICTED to 3L students who have applied to and been accepted into the Criminal Clinical Program and who will begin the program in Fall 2010. This course will meet in the second semester for those students who have completed Criminal Trial Practice I. Students in the Prosecutor Program will act as prosecutors in the Quincy District Court, for the Norfolk County District Attorney's office. The students will have responsibility for all aspects of the cases they are assigned, under the supervision of the clinical professor. Students will be exposed to a wide variety of experiences, including investigation, interviewing and trial advocacy. Students will spend the first part of the semester representing the Commonwealth in misdemeanor cases of increasing complexity. Later in the semester, representation in felony cases is possible, as well as having an opportunity to appear before a six-person jury session. At all times, of course, case assignments are based upon an individual assessment of a student's progress and demonstrated competence. Students in the Prosecutor Program must be available to be in court two days a week, Monday through Thursday. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.
• LAW JD 901: Appellate Advocacy Program Director
  This class is restricted to third-year students who applied and were accepted as directors of the BU Law Moot Court programs (Esdaile, Stone and Albers). NOTE: This course satisfies the upper-class professional skills requirement.
• LAW JD 903: Supreme Court 2010 Term: Criminal Law, Criminal Procedure and Habeas Cases (S)
  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. NOTE: Criminal Procedure is not a prerequisite for this course. 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 904: Deals: The Economic Structure of Transactions and Contracting
  This course analyzes the structure of complex transactions and contracts – deals – from both a positive and normative perspective. We investigate the contracting patterns that have emerged with respect to different types of transactions, e.g., mergers and acquisitions, joint ventures, and financings, and consider whether more effective contracting arrangements could be achieved. The course is divided into two parts. The first half of the semester introduces students to the tools and concepts needed to evaluate alter¬native transactional structures, including transaction costs, information economics, risk sharing and incentives, property rights, and finance. The second half applies these tools to real world transactions. The class is divided into teams, each of which is assigned a different deal and given a full set of transaction documents. Each week, we consider one of the trans¬actions, which is allocated two classes. For the first class, a student team prepares readings for the class that include the actual transaction documents, an overview of the legal and regulatory character of the industry, and a description of the competitive characteristics of the industry. The student team then presents their analysis of the transaction during the first class. In the second class, the lawyers and/or clients who actually participated in the transaction make a presentation. Students then have the opportunity to test how the classroom approach corresponds to the way those who actually “did the deal” understood it – and, in particular, how common problems are addressed in different transactional settings. PREREQUISITE: Corporations. (May be waived with an instructor’s permission.) RESTRICTION: Students may not take Deals after they have taken PRIVATE EQUITY AND VENTURE CAPITAL TRANSACTIONS (S). NOTE: This course satisfies the upper-class professional skills requirement.
• LAW JD 905: Entertainment Law (S)
  This course will focus on the varied legal doctrines that influence both the business and practice of Entertainment Law. Some of the primary topics include issues involving publicity rights and the use and control of image, celebrity and promotion issues, defamation and free speech, invasion of privacy, copyright including infringement and dispute and other general contractual relations surrounding the entertainment field. The course will also explore the practical aspects of entertainment law such as complicated litigation issues involving jurisdictional and venue concerns, client counseling and negotiations and other ethical concerns raised in the course of representation of your client. This course will not focus on sports entertainment or any other specific labor-related organizations. There will be no final exam. Grades will be based upon papers and class participation. 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. 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 906: Current Issues in Employment Law (S)
  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, privacy and free speech in the workplace, expanding tort theories of job protection, and discrimination based on a protected status such as age, sex, race, religion and disability. The grade for the course will be based on weekly comments to problems, a paper and class participation. PREREQUISITE: A prior course in labor or employment law, or permission of the instructor, is 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. 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 908: Judging in the American Legal System (S)
  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.
• LAW JD 909: Law, Work and Poverty (S)
  This seminar will focus on the legal and sociological literature dealing with the intersection between the law and the working poor. We will read and analyze the work of William Julius Wilson, Amartya Sen, Kathryn Edin and others as we focus on four basic topics: gender, work and poverty; race, work and poverty; education, work and poverty; and law reform in aid of the working poor. A research paper is required; students may fulfill the certification requirements for graduation. During the term, each student will present a draft of his/her work to the class for critique and discussion. ** 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 910: Medical Research and the Law (S)
  This seminar will focus on the legal and policy issues related to the conduct of clinical research. How do law and public policy advance the goals of medical research while protecting those who volunteer to be human subjects? Who can legally consent to participate in research? Who is responsible for ensuring the quality and safety of clinical trials? How are conflicts of interest managed between the goals of treatment versus the goals of research or the financial sponsorship of a study and scientific integrity of the clinical trial? Should human subjects be able to profit from the results of research they participate in? The seminar will also look at legal trends of property law concepts applied to donated tissue for research as well as an overview of the regulatory and legal considerations in stem cell research. This seminar should be particularly engaging for students interested in the intersection of health law, medical-legal ethics and public policy. There are no prerequisites 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. 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 waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.
• LAW JD 912: American Constitutional History (S)
  This course will investigate constitutional history from the Founding to 1905. We will explore constitutional development from several different angles, including presidential leadership, legislative mandates, and especially judicial interpretation through major decisions by the Supreme Court. We will also consider popular constitutionalism and how society at large debated and helped to shape constitutional interpretation. 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 913: Criminal Trial Practice II (C)
  THIS CLASS IS RESTRICTED to 3L students who started the Criminal Clinic in Spring 2010. Criminal Trial Practice II will consider advanced issues in criminal practice, such as motions to suppress and sentencing advocacy. In conjunction with their class work, these students will be assigned to either the Prosecutor or Defender component of the clinic. Each student will be expected to devote at least two mornings a week to their work in court. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.

Note that this information may change at any time.

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