Courses

• 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. NOTE: This course will not be offered 2012/2013. ** 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.
• LAW JD 837: Wrongful Convictions and the US Criminal Justice System (S)
  The past two decades have witnessed an unprecedented surge in the freeing from our nations jails and prisons of innocent people who were wrongfully convicted. Many have served lengthy sentences and some have spent years on death row awaiting execution for crimes they did not commit. This course will examine the broad range of factors that contribute to the wrongful conviction of the innocent and, in doing so, will shed light on broader questions about the functioning of the US criminal justice system. We will explore the role played by faulty eyewitness-identification procedures; coercive and deceptive police interrogation procedures; the mishandling of confidential informants, cooperating witnesses, and jailhouse snitches; junk science, disorganized crime labs, and incompetent and corrupt experts; police and prosecutorial failures to preserve & disclose exculpatory evidence; and incompetent defense counsel and underfunded criminal-defense-delivery systems. We will also examine the role of racial and ethnic bias, profiling, and tunnel vision, before considering how wrongful convictions affect the debate over the death penalty. We will look the use of postconviction procedures such as appeals, new-trial motions, and habeas corpus petitions, to free the wrongfully convicted. Finally, we will explore some of the reforms that have been proposed and some of the critiques -- from both the left and the right -- of the innocence movement, with its reliance on DNA technologies, and its narrow focus on the "wrong-man" notion of the "factually innocent." Films, case studies, and guest speakers will help ground our discussion in concrete examples. **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 838: Antitrust Law
  This course is designed to familiarize students with the major substantive areas of antitrust law, including monopolization, mergers, horizontal restraints (such as price fixing and group boycotts), and vertical restraints (such as tying, exclusive dealing and resale price maintenance). Antitrust issues arising in joint ventures and intellectual property licensing will also be considered. While the focus is on U.S. antitrust law, some consideration is given to the increasingly important role of the European Commission in antitrust enforcement. The course will be of particular interest to those students interested in business law or government regulation of business. No background in economics is required. Teaching is by a combination of lecture, Socratic method, and class discussion. Materials to be announced. There will be a four hour in-class final examination which, in conjunction with class participation, will determine the grade.
• LAW JD 839: First Amendment
  This course will begin with an examination of freedom of expression and freedom of the press and will then move to a study of freedom of religion -- the establishment clause and the free exercise clause. We shall cover issues such as the protection of political speech, sexualized speech (obscenity and pornography), symbolic speech and speech in public places in addition to issues related to press censorship, reporters' privilege and press coverage of trials. In the area of freedom of religion we shall review the jurisprudence on the role of religion in the public sphere as well as the constitutional command to guarantee free exercise of religion. While studying the doctrines developed under the Bill of Rights, we shall also address theoretical questions such as the role of rights in constitutional democracy and the institutional question of judicial review.
• LAW JD 842: International Business Transactions
  This course will focus on the legal problems encountered in commercial and financial business ventures that cross national borders. Topics include formation of contracts, choice of law, financing the international sale of goods through letters of credit, regulation of international trade, the organizations and operations of the institutions of the World Trade Organization, foreign investment, investment in free trade areas such as the European Union, international dispute settlement, and international transfer of intellectual property.
• LAW JD 844: Non-Profit Organizations (S)
  This seminar will focus on the unique status under the law of non-profit organizations. Particular attention will be given to the different types of non-profit entities (including universities, hospitals, and religious organizations) and their organization, governance, and regulation by both the federal government and the states. Specific topics will include the permissible scope of non-profit activities; choice of organizational form; the powers and fiduciary duties of non-profit directors/trustees and officers; standing to sue non-profits; qualification for federal tax-exempt status and related tax issues; forms of charitable giving and the regulation of fundraising; the investment and use of charitable funds; and other issues unique to non-profits. All students will be required to write papers on topics covered by the class and approved by the instructor. Some students, with the permission of the instructor, may satisfy the Upper-class Writing Requirement through this seminar by writing a longer paper. PREREQUISITE-COREQUISITES: CORPORATIONS AND INTRODUCTION TO FEDERAL INCOME TAXATION; however, students who have not taken or are not taking these courses may enroll in the seminar with the permission of the instructor. ** 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 845: Constitutional History: Civil War & Reconstruction (S)
  This course will investigate the constitutional history of the era of the Civil War and Reconstruction. We will explore legal and constitutional change from several different angles, including presidential leadership, legislative mandates, and judicial interpretation. We will also consider how society at large debated and helped to shape legal developments, paying particular attention to the themes of fluidity, contingency, and participation, and how law, society, and politics mixed during this period to set American legal development on paths that were not predetermined. Topics to be covered will include slavery, secession, Lincoln's constitutionalism, civil liberties and war powers, Lincoln and race, African Americans and the Union, the redefinition of American citizenship during Reconstruction, civil rights during Reconstruction, and the rise of Jim Crow. Prior background in American history is not 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. **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 846: Historical Perspectives on Law, Constitutions and Culture (S)
  This workshop-format seminar examines the interplay of law, constitutions, and culture from an historical perspective. The heart of the seminar is student engagement with works-in-progress by leading scholars in the history, theory, and culture of law, broadly understood. The first four meetings will be devoted to developing the intellectual tools necessary for reading and engaging with such papers. During each of the remaining nine meetings, an invited scholar will present her or his current research for discussion. Students will read the speaker's paper in advance and prepare discussion questions for the seminar. The written work for the seminar will consist of a series of brief, critical essays in response to a student-selected subset of the nine papers. This course is open to law students and to graduate students from other departments. A background in history is not a prerequisite. Graduate students from outside the law school may be able to receive 4 credits for this course. Please consult the professor regarding this option. ** 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 847: Federal Courts
  This course focuses on the statutory, constitutional, and judge-made doctrines that shape and restrict the powers of federal courts. In particular, it examines the relationships between the federal courts and the other branches of the federal government, as well as the relationship between the federal and state courts. Selected topics include standing and justiciability, congressional control of the federal courts' powers (such as the extent to which "enemy combatants" may be excluded from federal court), federal question jurisdiction, and state sovereign immunity from suit in federal and state courts. This course builds extensively on topics covered in Constitutional Law and Civil Procedure. It is strongly recommended for students who plan on clerking (especially for a federal judge) or who expect to represent clients in federal court or in civil actions against government actors.
• LAW JD 849: Trial Evidence
  The new trial lawyer faces a daunting challenge; how to "master" the rules of evidence sufficiently well to effectively meet the tactical and strategic challenges of the trial. The rules of evidence, some of which are unwritten, are difficult to understand until experienced in a trial setting. This on-your-feet course provides that experience. This is a practical introduction to evidence which equips one with a high level of proficiency in evidentiary advocacy procedures - the mechanics of arguing evidentiary issues - as well as a working knowledge and comfort level with evidentiary rules and concepts that trial lawyers frequently encounter. You will conduct a large number of witness examinations and other evidentiary exercises. A basic evidence course is a prerequisite for Trial Evidence, but the learn by doing approach utilized is distinct from that of a basic evidence course. This course, which seeks to foster strong communication skills modeled on the less formal school of advocacy, is an excellent complement to a trial advocacy class. NOTE: One class is held at the Suffolk Superior Court located at the Suffolk County Courthouse at Three Pemberton Square. PREREQUISITE: EVIDENCE. NOTE: This course satisfies the upper-class professional skills requirement.
• LAW JD 852: Mutual Funds (Investment Companies)
  Investment companies have become an important part of the financial system. This course is designed to familiarize students with the special laws governing investment companies: their creation, structure, corporate governance, operations, including the distribution of shares and the management of the portfolios, dissolution, and, time permitting, taxation. In particular, the course will focus on the Investment Company Act of 1940, and on the practice in this area before the Securities and Exchange Commission.
• LAW JD 853: Philosophy of Law (S)
  This small course, which will run on a seminar format, will begin by considering two very different jurisprudential approaches of the previous century: American legal realism and the analytical, positivist approach of H.L.A. Hart. We will then consider two recent attempts to update these approaches: Brian Leiter's Naturalizing Jurisprudence (2007) and Scott Shapiro's Legality (2011). Active participation in class discussion 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 857: Intellectual Property
  This course explores how the law deals with the products of creative activity. The range of subject matter is large, embracing things as different as mechanical inventions and melodies; baubles and boat designs; catalogues, computers and cartoons. Among the areas of potential coverage are federal copyright law, federal trademark law, state law theories of unfair competition, trade secret law, patent law, state rights of publicity, and misappropriation. Also considered will be whether federal law should preempt the efforts of state judges and legislatures to regulate intellectual products.
• LAW JD 861: Civil Litigation Program (C)
  The Civil Litigation Program gives students the opportunity to use their lawyering skills in all courtroom levels - from local trial and housing courts, to the state's Supreme Judicial Court, to the federal court. In fact, several landmark decisions by the Massachusetts Supreme Judicial Court began as student-represented cases in the Civil Litigation Program. Students in the Civil Litigation Clinic choose from three options: *Housing, Employment, Family and Disability Clinic (HEFD) (full-year program) - The average HEFD clinic caseload over two semesters typically includes 4-5 cases in areas such as domestic relations, eviction defense, employment law and Social Security appeals. Other kinds of cases may also be assigned. *Asylum & Human Rights Clinic (AHR) (full-year program) - The average AHR clinic caseload over two semesters typically includes two asylum or humanitarian/refugee related cases, and a significant research project. *Employment Rights Clinic (ERC) (one semester program, fall or spring) - Students will represent clients in unemployment compensation cases, and a possibility of working on wage and hour disputes, discrimination/sexual harassment cases, and Family Medical Leave Act cases. PREREQUISITE/COREQUISITE (HEFD & AHR OPTIONS): If you have not already done so, you must take Evidence during the first semester to satisfy the student practice rule. If you have already taken Trial Advocacy, you will still need to take the clinical section. It is closely integrated with your field work. PREREQUISITE/COREQUISITE (ERC OPTION): Students must take Evidence and Professional Responsibility concurrently with the Employment Rights Clinic, or students must have already taken these courses. NOTE: This clinic satisfies the upper-class professional skills requirement.
• LAW JD 864: Government Regulation of Financial Services
  This course will compare the legal and regulatory frameworks for the four major types of financial institutions in the United States: banks, broker-dealers, investment companies and insurance companies. The course will identify the essential economic activities of each type of financial institution and, in so doing, provide the context within which students can understand the fundamental purposes that underlie the legal rules that govern in each area. This study will draw comparisons and contrasts among the different regulatory approaches that apply. The course will explore the different forms of regulation that govern financial institutions, including disclosure rules, prohibitions or restrictions aimed at potential conflicts of interest, limitations on activities, capital requirements, limits on risk taking, price regulation and corporate governance requirements. Attendance at the Morin Center's two-day program, "Financial Services Basics," is highly recommended. The 2011 seminar is scheduled to take place in late August. Contact the Morin Center to confirm dates and to register. Admission is free but registration by 8/1/11 is required. For more information: http://law/morincenter/fsb/.

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