Courses

• LAW JD 977: Constitutional Health Care Litigation (S) (formerly Health Care Reform & the Constitution (S))
  In the coming year, there will be significant litigation concerning constitutional issues in healthcare regulation, including several constitutional challenges to the landmark healthcare reform bill, the Patient Protection and Affordable Care Act (ACA). Students taking this year-long course will work in teams of 2-4 students to draft amicus briefs for real clients in that litigation. The class will meet three times at the beginning of the fall semester for introductory teaching on the legal and doctrinal issues, and the class will meet two or three times at the end of each semester for oral presentations on the written briefs. The rest of the year, students will arrange meetings with their teams and their supervising professor outside of class time. Grades will be based on written work and oral presentations. Students may enroll in the class in teams or individually; individuals will be assigned to brief-writing teams in the first two weeks. The issues that are likely to come up include a Supremacy Clause challenge to state Medicaid rules, a Commerce Clause challenge to the ACA's individual mandate, a taxing power challenge to the individual mandate, an anti-commandeering challenge to the ACA's Medicaid expansion, and perhaps a First Amendment challenge to restrictions on direct-to-consumer advertising. Each team will focus on a single issue over the course of the year, working with real clients to compose a brief that can be submitted to the court. The seminar is 4 credits total: 2 in the fall and 2 in the spring. PREREQUISITE: Health Law (JD 867) or Public Health Law (S) (JD 926). NOTES: This class satisfies the upper-class professional skills requirement. Students will select the fall section of the course on the pre-registration worksheet. ** 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 978: Harms and Benefits (S)
  What is "harm"? Why is proof of harm so often required as a prerequisite for either private recovery or criminal liability? How do our obligations to provide benefits square with our obligations to avoid harm? When should receiving a benefit trigger a moral or legal obligation to pay? A myriad of fascinating questions come to the fore when we examine one of the basic distinctions of the law, namely, the distinction between harm and benefit. Readings will draw on philosophy, case law, statutes, legal scholarship, law & economics, and behavioral economics. Doctrinally we will touch on areas such as torts, copyright, and restitution. A series of short papers will be assigned, including papers that respond to the readings. There are no pre-requisites. NOTE: This seminar does not satisfy the Upper-class Writing 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 979: Globalization of the Legal Profession (S)
  This seminar explores the emerging globalization of the legal profession and issues such as modern business needs for multi-jurisdictional legal practice, the ability of lawyers to practice in foreign countries, and the effects of globalization on legal careers and the institutional contexts (firms, government agencies, in-house legal departments, nonprofits, etc.) in which lawyers practice. It encourages students to consider globalization not only as an economic reality for legal practitioners, but also in its larger social and political dimensions. It takes a multi-faceted approach and examines the varied perspectives of private law practitioners, government lawyers, corporate counsel, public interest lawyers, and the judiciary. A strong emphasis throughout is the impact of globalization upon legal careers. The seminar encourages students to consider not only the status quo, but also how globalization will reshape individual career paths as well as the profession itself in the years to come. Grading: The final grade will be based on a course paper. LIMITED WRITING REQUIREMENT OPTION: With approval from the Associate Dean for Academic Affairs, the paper may be used to satisfy the upper-class writing requirement. PREREQUISITES: None, but prior coursework or experience with one or more of the following is helpful: international institutions, public and private international law, international business transactions, and/or professional responsibility. Students lacking familiarity with these subjects may find themselves performing additional background reading at times. NOTE: This course satisfies the Upper-class Professional Responsibility requirement. RESTRICTION: Students who took Dr. Nersessian's Spring 2011 Professional Responsibility course are not permitted to enroll in this seminar due to a substantial overlap in material covered. **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 980: International Business Arbitration (S)
  Legal dimensions of international business dispute resolution through binding arbitration. Treaty framework for determining validity of arbitration agreement and for recognition and enforcement of arbitral awards (New York Convention, Panama Convention, Washington Convention). Comparative approach (French, English, Swiss, and U.S. legal systems) to the influence of national law on international arbitration. UNCITRAL Model Law. NAFTA Chapter 11 and bilateral investment treaties. Special status of international commercial arbitration in national law. Major arbitral institutions and rules, including ICC, LCIA, AAA and ICSID. State contracts: Act of State and sovereign immunity. Expropriation claims. Delocalization and the influence of the arbitral seat. Arbitral awards as a contribution to lex mercatoria . 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 981: Criminal Trial Advocacy
  THIS CLASS IS RESTRICTED to 2L students who have applied to and been accepted to start the Criminal Clinic in Spring 2012. Trial Advocacy is a three credit course which will meet once a week for two hours. It will focus on courtroom skills in the context of criminal trial litigation. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.
• LAW JD 982: Criminal Trial Practice I (C)
  THIS CLASS IS RESTRICTED to students who have applied to and been accepted into the Criminal Clinical Program. The Fall section is restricted to 3Ls who will begin the program in Fall 2011. The Spring 2012 section is restricted to 2L students who will begin the program in Spring 2012. (Fall/3L section) Criminal Trial Practice I will meet in the first semester for two hours each week at the law school and will require students to be available one morning a week to be in court, from Monday through Thursday. The classroom component of this course will provide students an introduction to Massachusetts criminal procedure and basic instruction in lawyering skills such as case planning and investigation. Students in the program will be assigned to cases handled by senior members of the Prosecutor and Defender programs and will be expected to conduct tasks out of court such as legal research, fact investigation, witness interviews and preparation. One morning a week, these students will be in court observing and second seating the cases they have helped to prepare. After the completion of this course, students will be assigned to the Prosecutor or Defender component of the clinic and must register for the appropriate section in the following semester. (Spring/2L Section) Criminal Trial Practice I will meet in the second semester for three hours each week at the law school and will require students to be available one morning a week to be in court, from Monday through Thursday. The classroom component of this course will provide students an introduction to Massachusetts criminal procedure and basic instruction in lawyering skills such as case planning and investigation. Students in the program will be assigned to cases handled by senior members of the Prosecutor and Defender programs and will be expected to conduct tasks out of court such as legal research, fact investigation, witness interviews and preparation. One morning a week, these students will be in court observing and second seating the cases they have helped to prepare. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.
• LAW JD 983: Law and Economics
  This course provides a one semester introduction to the field of law and economics. Economic theory provides the jurist and the lawyer with tools to analyze the effects of legal rules on the behavior of individuals and firms. Based on the assumption that individuals act rationally, or at least predictably, economic analysis of the law allows one to examine the expected outcomes from adopting a certain legal rule and to estimate the social welfare effects of such a rule, including its implications for efficiency and the distribution of costs and benefits in society. This course will apply economic theory to various fields of law, including Tort law, Property law, Contract law, Procedure, and Criminal law. Grades will be based on participation, various problem sets, and an examination.
• LAW JD 984: Professional Responsibility
  This course offers an approach to the lawyer's responsibilities to clients, the profession, and the public. Topics addressed will be problems of disclosure, conflict of interest, advertising, adversary tactics, competence, attorney fees, and fiduciary duties. NOTE: This course satisfies the upper-class professional responsibility requirement.
• LAW JD 985: Corporate Finance
  This course covers the foundations of corporate finance. It starts with an overview of accounting fundamentals, including basic financial statement analysis. With this background, it then considers the major financial decisions made by corporate managers. Topics include criteria for making investment decisions, valuation of financial assets and liabilities, relationships between risk and return, market efficiency, capital structure choice, and payout policy.
• LAW JD 986: Legal Writing Fellows
  This class is restricted to students who have applied and been accepted as Writing Fellows for the First Year Writing Program. Accepted students must register for both the fall and spring sections of the class.
• LAW JD 987: Securitization (Structured Financing)
  Securitization is a process which converts illiquid financial assets (e.g., loans, receivables) into liquid and tradable financial assets (securities). After an overview of the financial system we follow the process: creating loans, transferring loans to an entity, choosing the entity (form, possible regulation and tax considerations), distributing the entity's securities, and examining global-cross-border securities. Because the process touches on many legal areas (e.g., banking, securities regulation, regulation of investment companies, corporation, trusts, UCC, bankruptcy, contract, and fiduciary duties) the class offers a high level understanding of the process and awareness of the issues on which it touches, focusing on planning. Students are graded on 2 short papers (up to 10 double-spaced pages) analyzing problems in particular topics related to the materials. Papers should be completed after presentation in class. Teaching book: Tamar Frankel, Mark Fagan Securitization (2008), with discussion topics, problems and role-plays. NOTE: This course satisfies the upper-class professional skills requirement.
• LAW JD 988: Mergers and Acquisitions
  This course will cover the principal legal, tax and business issues of mergers and acquisitions. PREREQUISITE: Corporations or permission of the instructor. NOTE: This course satisfies the upper-class professional skills requirement.
• LAW JD 991: International Human Rights (S)
  This seminar provides a detailed overview of the substantive and procedural aspects of international human rights law, with a special emphasis on the roles of individual, governmental, and corporate actors on the international plane. Topics may include: * Fundamental rights to freedom, family, and bodily integrity, as well as other rights to health and education, cultural expression, and the like * The emerging intersections between human rights and issues of corporate law, business interests, and the work of corporate lawyers and attorneys in private practice * International and regional human rights instruments and systems, the obligations of states, businesses, and individuals to uphold human rights, and remedies for violations * The use of military force and the doctrines of pre-emptive self-defense and "humanitarian" intervention * International crimes such as genocide, crimes against humanity and war crimes * International terrorism, indeterminate detention and the use of military tribunals for alleged terrorists * The professional and ethical obligations of lawyers with respect to human rights issues There will be some comparative analysis of international and domestic laws and frameworks. A common theme throughout is the intersection of national and international legal norms with the realms of national and international politics, and the extent to which one or the other is better suited to address the serious challenges faced by the international community. Grading: The final grade will be based on a course paper. PREREQUISITE/COREQUISITE: International Law, similar coursework, or permission from the instructor. 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 992: Health Insurance, Health Reform and the Law (S)
  The seminar examines the pivotal role of insurance in health reform, health policy and the distribution of health care in the US. We explore how the Patient Protection and Affordable Care Act affects the design, operation, and regulation of health benefit plans, as well as the constitutionality of the individual mandate. Investigating arguments for and against specific regulations, we learn fundamentals of insurance and whether reforms affect larger principles of law. We also study Massachusetts, the model for federal health reform, and the comparative advantages of federal and state governance. Students explore the changing roles of insurance in the health system by analyzing and comparing federal and state laws governing different health benefit plans (including indemnity insurance, managed care, consumer choice, and health promotion plans), and how reforms affect current law, including state licensure, Medicare, Medicaid, and the Employee Retirement Income Security Act. Topics include basic concepts of insurance; accepting, managing and shifting financial risk; individual and employer mandates; health insurance exchanges; contracting with providers, employers, and individuals; designing and administering plans; defining benefits; and appeals and remedies. PREREQUISITE: JD 867 (Health Law) or JD 926 (Public Health Law) or LW 751 (Public Health Law at BUSPH) or permission of instructor. NOTES: This seminar satisfies the upper-class professional skills requirement. This seminar does not satisfy the Upper-class Writing 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 994: American Indian Law
  This course will explore the Constitutional and statutory law related to American Indians, Indian reservations, and tribal governments. Significant time will be spent on issues involving natural resource rights, as well as American Indian religion and culture.
• LAW JD 995: Art Law (S)
  This seminar will consider selected legal issues concerning unique art objects and artifacts. The problems that lawyers face when they deal with art cut across traditional legal boundaries. The seminar will explore the sometimes conflicting rights and interests of artists, collectors, dealers, museums and the public, from the perspective of the lawyers who advise them and of the law makers to whom they sometimes appeal. A 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 998: Health Care Transactions (S)
  This course is similar to Deals (JD 904) but centered in the health care sector. Partners, associates and general counsel from leading firms will discuss the deals they were personally involved in. After an introduction to joint venture theory and the regulatory context of health care, everyone in the class examines 2 transactions: a physician recruiting agreement and an ambulatory surgery center JV. The remainder of the course will involve 5 -- 6 complex health care transactions, using actual documents from recent deals. The transactions run the gamut from hospital M&A to biotech licenses. For the transaction you select, you will work in teams to analyze the deal, and will present your conclusions to the lawyers who closed it. Your final project will be a negotiation or drafting assignment drawn from class materials. The course is taught by Dan Roble (partner emeritus, Ropes & Gray, Boston) and Jeff Heidt (partner at Verrill Dana, Boston), based on the course created by Professor Outterson. PREREQUISITES: The course does not have pre-requisites, but Corporations and Health Care are suggested; if you select the biotech transactions, IP and FDA are suggested. NOTES: This seminar satisfies the Upper-class Professional Skills requirement. 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 TX 901: Federal Income Taxation I
  This course presents a general introduction to the fundamentals of federal income tax, emphasizing issues common to individual taxpayers (but not including the federal income tax aspects of the acquisition, ownership, and disposition of property, which are the subject of Federal Income Taxation II). Topics include an overview of the federal tax system; gross income, inclusions, and exclusions; identity of the proper taxpayer; concepts and categories of deductions; and basic timing principles.
• LAW TX 902: Federal Income Taxation II
  Federal income tax aspects of the acquisition, ownership, and disposition of property. Topics include: 1.Realization and recognition, 2.Basis and amount realized, 3.The effects of debt (including its cancellation), 4.Depreciation and amortization, 5.At risk, not for profit, and passive activity loss deductibility limitations, 6.Capital gains and losses, related party transactions, quasi-capital assets and depreciation recapture, and 7.Deferred payment transactions (original issue discount and installment sales). Prerequisite or corequisite: Federal Income Taxation I.
• LAW TX 904: Estate and Gift Taxation
  Principle issues of estate and gift taxation. Topics include the definition of taxable gifts and exclusions and deductions; determination of the taxable estate of a decedent including problems with lifetime transfers; valuation issues; deductions from the taxable estate with special emphasis on property passing to a spouse; and transfers with retained interests. Reference is made throughout to planning issues relating to estate and gift taxation and is designed to give both a requisite background for those intending additional study of estate planning and a comfortable familiarity with the subject for those going on to other tax fields.

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