Courses

• 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. GRADING NOTICE: Professor Tung's section will not offer the CR/NC/H option.
• 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). Students can either write a research paper or complete a take-home examination. Research papers may, but need not, fulfill the Writing Requirement.
• LAW JD 805: Business Law: Secured Financing Transactions (previously Commercial Law: Secured Financing Transactions)
  Many commercial financing transactions involve the creation of security interests in the borrower's personal property that are akin to mortgages of real property. Much business credit is provided on a secured credit -- if security is unavailable, credit markets can dry up. Additionally, the debt obligation can be packaged with others and serve as the backing for securities akin to those that have recently been much in the news. This course governs the basic secured transaction governed by Article 9 of the U.C.C. Topics covered will include creation and perfection of security interests, priority contests, and the consequences of default. There are no PREREQUISITES for this course. Students who desire a thorough exposure to the Uniform Commercial Code may wish to take the course Business Law: the Uniform Commercial Code instead. RESTRICTION: Enrollment is limited to students who have not taken or enrolled in COMMERCIAL CODE (now Business Law: The Uniform Commercial Code).
• LAW JD 806: Prosecutorial Ethics (S)
  United States Attorney (and later Supreme Court Justice) Robert Jackson noted in a speech that a "prosecutor has more control over life, liberty, and reputation than any other person in America." This seminar will analyze the unique role, power, and responsibilities of the prosecutor in the United States criminal justice system. How does a prosecutor balance her duty to "seek justice" and her role as a "minister of justice" within an adversarial system? Does public pressure (perceived or real) to obtain convictions and solve crimes have an impact on prosecutors' actions? Throughout this course, we will examine the Model Rules of Professional Conduct, the Model Code of Professional Responsibility, and the Standards of Criminal Justice as they apply to criminal attorneys in general and prosecutors in particular. How do the rules and case law demonstrate that a criminal prosecutor is different from a criminal defense attorney or civil attorney? We will study the ethical implications and constraints placed on prosecutors, as well as the unique power that they hold at various stages of a criminal case. We will examine the means by which a prosecutor exercises discretion from the investigation of alleged crimes to the decision to charge (or not charge), and through the conduct of trials, as well as post-trial obligations. We will address such topics as: What is the prosecutor's obligation to the police and/or alleged victims of crimes? What duty does a prosecutor owe to a criminal defendant? What restrictions are placed on a prosecutor at trial that do not exist for defense attorneys? We will also study some specific contemporary and historical cases that have raised questions about the ethical conduct of prosecutors, including (but not limited to) the so-called Duke Lacrosse case, the Dominque Strauss-Kahn matter, and the prosecution of United States Senator Ted Stevens and the subsequent findings of prosecutorial misconduct therein. NOTE: This seminar satisfies the Professional Responsibility requirement. While there are no required prerequisites for taking this course, students should be prepared that some basic principles of Criminal Procedure, Evidence, and Trial Advocacy will necessarily be a focus of some of our discussions. GRADING NOTICE: This seminar is NOT offered as CR/NC/H. ** 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 807: Business Law: The Uniform Commercial Code (previously 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: Business Law: Sales (previously 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 Business Law: The Uniform Commercial Code course. RESTRICTION: Students who have taken or enrolled in COMMERCIAL CODE (now Business Law: The Uniform Commercial Code) may enroll with the permission of the instructor.
• LAW JD 809: Tort Policy (S)
  Recent attacks on the costliness of the legal system have brought tort reform to the forefront of policy discussions. This seminar will focus on the tort reform literature. There is a large body of theoretical literature that should be covered by any student of tort reform, and very little of it is introduced in first year torts classes. This seminar can be divided into two parts. The first will examine theories of tort law. We will focus on the work of modern torts theorists (utilitarian versus deontological approaches). The second part will examine critiques of the operation of the tort system. Students will be expected to write brief comments on the readings (for the first half of the semester) and to write papers (second half). ** 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 810: Constitutional Law
  Considers selected issues concerning judicial review, federalism, separation of powers, and individual rights.
• 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 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. NOTE: Professor Outterson's final exam will be closed book. GRADING NOTICE: Professors Outterson and Tung do not offer the CR/NC/H option.
• LAW JD 819: Criminal Procedure
  This course examines basic issues in criminal procedure that cut across the investigative and adjudicative stages. We will consider how the Constitution shapes the criminal justice system in the courtroom in areas such as the concepts of the presumption of innocence and proof beyond a reasonable doubt, the right to counsel, grand jury requests for the production of evidence, plea bargaining and the application of the Exclusionary Rule seeking to suppress evidence the police obtained in violation of the Constitution. We will also study the limits the Constitution places on the power of the police in the areas of interrogation, searches, seizures of property and stop and arrest, paying particular attention to the issue of racial profiling. RESTRICTION: Students may not enroll in this section and Criminal Procedure (JD821). Students who previously enrolled in Criminal Procedure: Adjudicatory (JD820) are also restricted from registering.
• LAW JD 821: Criminal Procedure
  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: Students may NOT enroll in both LAW JD821 A1 (Criminal Procedure with Professor Maclin) and LAW JD819 A1 (Criminal Procedure with Professor Rossman).
• 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 examines 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? Selected issues for inquiry include: police interrogation of juveniles; school safety and zero tolerance policies; treatment of female offenders; anti-youth crime policies; and juvenile life without parole. We will examine these issues through use of court cases, law review articles, governmental and private organizational position papers, 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 overarching issue of whether it makes sense to maintain a separate justice system for juveniles, we will compare our system to those of other nations. We will visit the Boston Juvenile Court to observe a delinquency session and speak with court personnel. Students are expected to attend each class prepared to discuss the assigned readings. Course requirements include a 15-20 page final paper, a class presentation based on the paper topic or related class readings, and four reading response papers over the course of the semester. A limited number of students will be permitted to fulfill the upper-class writing certification requirement. This is a graded course. 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
  This course examines the law that organizes democratic processes of election and decision-making. After considering the historical struggle for minority enfranchisement and the Supreme Court's first forays into redistricting and reapportionment, we move to more contemporary topics. Among those topics are campaign-finance law (with special attention to the recent Citizens United decision), the connection of race and political participation under the Voting Rights Act, the Supreme Court's decision in Bush v. Gore, the constitutional role and rights of political parties (which the Constitution's framers omitted from mention and distrusted as "factions"), and the constitutionality of partisan and bipartisan gerrymandering. A take-home examination and active participation in class discussion are required.
• LAW JD 826: Mediation: Theory & Practice (S)
  Mediation is part of the legal landscape in almost every substantive area and legal setting. This course will cover the theory and practice of mediation, the use of mediation to resolve disputes in various different legal contexts, and the development of practical mediation skills. We will examine the mediation process from the role of the mediator through the attorney representing a party in mediation. We will also address direct negotiation, the decision to mediate, mediator selection, preparation for mediation, and ethical issues involved in negotiation. The course will provide skill building through several interactive role-plays, in which students will have opportunities to act as a mediator, a party in mediation, and counsel to a party in mediation. The role play mediations and other exercises will survey many of the areas in which mediation is being used, including business and commercial; court-connected, federal-state agency (environmental and others); construction, employment/workplace; family/ divorce; school, community, and international. Due to the interactive nature of the class, students will be expected to attend all scheduled classes and to participate actively. Active participation includes in-class discussions, mediation role-plays, assigned reading, and writing a weekly mediator's journal. 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. This may involve reading prisoner questionnaires, pleadings and court opinions in the case, legal research and analysis of the requirements for obtaining a new trial, review of attorney files, and search for forensic evidence in the case. Clinic students must attend biweekly meetings as determined necessary by Professor Fisher, and spend at least five hours a week on Clinic tasks, under supervision, for the full academic year. If investigation of the prisoner's case finishes at the end of the Fall Semester, or part-way through the Spring Semester, the Clinic work will end at that time. Most often, however, Clinic obligations continue throughout the academic year. Students will receive one pass/fail credit for each full semester of work. If, however, work on the prisoner's case is not finished by December, credit for the Fall will be deferred until the work is completed. Hours spent on Clinic work in the Spring semester that do not receive credit may be counted toward satisfaction of the School's Pro Bono Pledge. Participants will be expected to attend an evening orientation program, conducted in late September at the New England Innocence Project. Interested students may obtain an application online at /law/central/jd/programs/clinics/applying/ and submit it to Professor Fisher (szf@bu.edu). The application deadline is May 15, 2012. NOTES: This Clinic satisfies the upper-class professional skills requirement. Enrolling in this Clinic will not disadvantage participants who wish to enroll in other law school clinics, either contemporaneously or subsequently.
• 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.

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