Courses

• LAW JD 720: Remedies
  The course explores the principal remedies available through civil litigation, including compensatory damages, injunctions, declaratory judgments, restitution, and punitive damages, along with remedial defenses. It covers both private-law and public-law remedies. The course examines general principles about the law of remedies that cut across substantive fields and that will be useful to a student or lawyer encountering a remedies problem in any context. It also takes up debates concerning whether law and economics or corrective justice provides a better account of the aims and underlying principles of the law of remedies. The course will be of considerable practical value to anyone interested in civil litigation.
• LAW JD 721: Advanced Topics in Civil Procedure - Court Access
  This seminar will examine the political, institutional, and constitutional constraints and forces that shape the rules governing litigation in the federal courts. Particular attention will be given to ways that access to the federal courts has been narrowed in the last three decades using procedural rules. Readings will focus on selected topics of federal civil procedure, including class actions, attorneys' fees, injunctive remedies, and full-faith and credit. Students will have two options for satisfying the writing requirement: they may write (1) a seminar paper, or (2) three medium-length policy or response papers. Students will also be required to present their written work. To that end we will dedicate several sessions to student presentations of papers or works-in-progress.
• LAW JD 722: Environmental Justice Law
  Environmental Justice can be defined as the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws and policies. Over the last two decades efforts to secure environmental justice have become important features of environmental policy and activism. This course will explore why environmental justice concerns have arisen, and what legal mechanisms may be used to address them. We will identify current situations where claims of environmental injustice might be made, and examine how existing legal tools, including the 1964 Civil Rights Act and federal environmental statutes, might be applied to deal with them. The final grade will be determined by grades received on two short papers (each maximum 1,200 words; each 25% of the final grade); a final take-home exam (maximum 1,200 words; 40%); and class participation (10%), based on the quality, not quantity, of the contributions made. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule.
• LAW JD 726: Health Care Fraud and Abuse (S)
  This seminar will use a practical, case-study approach to some of the issues arising in the complex world of health care enforcement and compliance. With emphasis on the procedural mechanisms of the False Claims Act and the substantive law of the Anti-Kickback Act, the Stark I and II laws, the Food Drug and Cosmetic Act, and the government's remedial authorities, the seminar will explore how prosecutors, defense attorneys, whistleblowers, and compliance officials inside health care companies approach their work and advise their clients. The seminar will explore the relationships between regulated industries (e.g., pharmaceutical companies, hospitals, doctors, medical device companies) and government insurance programs (e.g., Medicaid and Medicare), why these relationships generate billions of dollars every year in fraud, and how the interested constituencies are approaching these issues. NOTE: This seminar does not satisfy the Upper-class Writing Requirement. ENROLLMENT LIMIT: 12 students. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. **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 728: Government Lawyering Externship/Fieldwork (C)
  The Government Lawyering Externship is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Accepted students must register for the ungraded fieldwork component and the graded seminar. Through the Government Lawyering Externship Program (GLEP), students work at a state or federal agency. Upon acceptance to the Government Lawyering Externship Program program, the Office of Clinical Programs works with students to identify suitable field placements depending on each student's individual interests and career goals. The range of opportunities in the government is extensive and there are great options out there for every student. COREQUISITE: Government Lawyering Seminar (JD 729) NOTE: This clinic satisfies the upper-class professional skills requirement.
• LAW JD 729: Government Lawyering Externship/Seminar
  The Government Lawyering Externship is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Accepted students register for the ungraded fieldwork component and this graded seminar. The two hour weekly seminar will explore topics including determining who the "client" is for purposes of the attorney-client relationship, the interaction with other government agencies, ethical and moral considerations unique to government attorneys, and the impact of politics on the work of a government lawyer. Students will write weekly journals about their externship experience and will also write a final research paper. COREQUISITE: Government Lawyering Externship: Fieldwork (JD 728)
• LAW JD 731: Critical Race Theory (S)
  This seminar explores the utility of Critical Race Theory to the study of law. Specifically, this seminar analyzes the centrality of the law in constructing and maintaining -- as well as dismantling -- racism, racial inequalities, and race itself. The latter part of the seminar will consist of a sustained analysis of Critical Race Theory as it speaks to issues of gender and reproduction. Students will write a research paper; with the permission of the instructor, this paper may satisfy the upper-class writing requirement. GRADING NOTICE: This class will not offer the CR/NC/H 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 732: Tax Law Research
  Tax law research is among the most complicated areas of the law to research. Statutes, regulations and agency issuances interact to create a thickly layered set of legal precedents. This class will explore the resources a tax professional would use to perform his or her research from legislative history to private letter rulings. Students will become familiar with the research platforms outside of Lexis and Westlaw that are commonly used in practice. Students will get practice in using many of the most heavily used practice materials. Classes will combine instruction and hands-on exercises using the major print and electronic resources available for tax law research. Students will be required to complete an assignment for each class. NOTE: This seminar satisfies the upper-class professional skills requirement. NOTE: Students may not add this course after the first class has been held. This course meets October 23 through December 4.
• LAW JD 733: Intellectual Property Law Research
  Intellectual property is a multi-faceted area of practice where it is especially important to be able to keep up with current developments. Students will become familiar with practitioners' tools as well as learning the role of legislative history, sources for securing intellectual property rights and patent and trademark searching. Legal information and technologies are constantly changing, and firms are constantly licensing new databases. Become familiar with the specialized tools used by lawyers in intellectual property practices. Classes will combine instruction and hands-on exercises using major print, electronic, and web based resources for intellectual property law research. NOTE: This seminar satisfies the Upper-class Professional Skills requirement. NOTE: Students may not add this course after the first class has been held. This course meets October 24 through November 26.
• LAW JD 735: Judicial Externship: Fieldwork (C)
  The Judicial Externship is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Through the Judicial Externship Program, you may work part-time for credit for a judge in the state or federal court system. As a judicial intern, you will work on assignments typically handled during a post-graduate clerkship. You will spend 16-20 hrs./wk. at your field placement, earning 4-5 ungraded credits. COREQUISITE: Judicial Externship: Judicial Process Seminar (JD 736). NOTE: This clinic satisfies the upper-class professional skills requirement.
• LAW JD 736: Judicial Externship: Judicial Process Seminar
  The Judicial Externship is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. In this seminar, which is the class component for the Judicial Externship Program, we will discuss several issues related to the roles of the judge and judicial intern. We will discuss issues of confidentiality and ethical considerations applicable to judges and to interns and law clerks. We also will explore the differences between trial and appellate courts, which set the parameters within which judges make decisions. Students will receive advanced instruction in legal research and writing applicable to their placements. We will discuss examples of effective and ineffective lawyering that interns observe in their placements. We also will focus on the legal and philosophical foundations of judicial decision-making, and how those influence decisions. Finally, we will discuss specialty courts, and processes that judges use to help parties resolve disputes, such as mediation and settlement. Students will be required to write regular journals and a 15 page final paper. Students may be required to do a class presentation. There will be no final exam but students will be evaluated on their final paper, journals, class participation, and class presentation. COREQUISITE: Judicial Externship/Fieldwork (JD 735). NOTE: This seminar does NOT satisfy the professional responsibility requirement. GRADING NOTICE: Dean Marx and Professor Knight's sections do not offer the CR/NC/H option.
• LAW JD 739: Semester-in-Practice: Independent Proposal (C)
  The Semester in Practice is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Through the Semester-in-Practice Program, a limited number of students may spend a semester working full-time for credit (10 ungraded credits) at an externship placement outside of Boston. The Program is designed for students who want an intensive hands-on experience - at an opportunity not otherwise available in Boston - furthering specific career and academic goals. Acceptance to the Program is competitive. In addition to securing an externship at a placement organization, students must complete a separate BU Law application available through the Clinical Programs Office. Under this option, students may develop their own proposal for a full-time externship outside of Boston. COREQUISITE: Semester-in-Practice: Independent Paper (JD 740). NOTE: This clinic satisfies the upper-class professional skills requirement.
• LAW JD 740: Semester-in-Practice: Independent Paper
  The Semester in Practice is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Accepted students will register for 2 graded credits for completing readings, writing a research paper, and for submitting weekly journals. COREQUISITE: Semester-in-Practice: Independent Proposal (JD 739).
• LAW JD 741: Semester-in-Practice: Human Rights - Geneva (C)
  The Semester in Practice is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Through the Semester-in-Practice Program, a limited number of students may spend a semester working full-time for credit (10 ungraded credits) at an externship placement outside of Boston. The Program is designed for students who want an intensive hands-on experience - at an opportunity not otherwise available in Boston - furthering specific career and academic goals. Acceptance to the Program is competitive. In addition to securing an externship at a placement organization, students must complete a separate BU Law application available through the Clinical Programs Office. Through the Human Rights option, students may spend a semester working in Geneva for a Non-Governmental Organization (NGO) committed to the protection of human rights. COREQUISITE: Semester-in-Practice: Human Rights Paper (JD 742). NOTE: This clinic satisfies the upper-class professional skills requirement.
• LAW JD 742: Semester-in-Practice: Human Rights Paper
  The Semester in Practice is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Accepted students will register for 2 graded credits for completing readings, writing a research paper, and for submitting weekly journals. COREQUISITE: Semester-in-Practice: Human Rights Externship - Geneva (JD 741).
• LAW JD 743: Semester-in-Practice: Death Penalty Externship (C)
  The Semester in Practice is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Through the Semester-in-Practice Program, a limited number of students may spend a semester working full-time for credit (10 ungraded credits) at an externship placement outside of Boston. The Program is designed for students who want an intensive hands-on experience - at an opportunity not otherwise available in Boston - furthering specific career and academic goals. Acceptance to the Program is competitive. In addition to securing an externship at a placement organization, students must complete a separate BU Law application available through the Clinical Programs Office. Students participating in the Death Penalty Externship may work at the Southern Center for Human Rights in Atlanta, Georgia. COREQUISITE: Semester-in-Practice: Death Penalty Paper (JD 744). NOTE: This clinic satisfies the upper-class professional skills requirement.
• LAW JD 744: Semester-in-Practice: Death Penalty Paper
  The Semester in Practice is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Accepted students will register for 2 graded credits for completing readings, writing a research paper, and for submitting weekly journals. COREQUISITE: Semester-in-Practice: Death Penalty Externship (JD 743).
• LAW JD 745: Semester-in-Practice: Government Lawyering - Washington, D.C. (C)
  The Semester in Practice is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Through the Semester-in-Practice Program, a limited number of students may spend a semester working full-time for credit (10 ungraded credits) at an externship placement outside of Boston. The Program is designed for students who want an intensive hands-on experience - at an opportunity not otherwise available in Boston - furthering specific career and academic goals. Acceptance to the Program is competitive. In addition to securing an externship at a placement organization, students must complete a separate BU Law application available through the Clinical Programs Office. Through the Government Lawyering option, students may spend a semester working at a government office in Washington. Examples include opportunities with the staff of a Congressional committee or subcommittee, in the legal office of an administrative agency, or with a federal board/commission. COREQUISITE: Semester-in-Practice: Government Lawyering Paper (JD 746). NOTE: This clinic satisfies the upper-class professional skills requirement.
• LAW JD 746: Semester-in-Practice: Government Lawyering Paper
  The Semester in Practice is a one-semester clinical program. Students are required to apply and be accepted to the program before they may register. Accepted students will register for 2 graded credits for completing readings, writing a research paper, and for submitting weekly journals. COREQUISITE: Semester-in-Practice: Government Lawyering - Washington, D.C. (JD 745).
• LAW JD 747: Discovery: Theory & Practice (S)
  This seminar will involve an in-depth examination of discovery practice under the federal rules of civil procedure. The topics to be covered are set out below. Grades will be derived from a final paper, mini-quizzes and assignments, and classroom participation. There is no required text. 1. History and purpose of discovery. 2. Discovery abuse. 3. Rule 26. The scope of discovery and the major limitations on the scope of discovery. 4. Rule 26. The conference of the parties and planning for discovery. The impact of the local rules on discovery. 5. Rule 26. Self-executing disclosures and expert discovery. 6. e-discovery. 7. Written discovery. Rules 33, 34, and 36 (interrogatories, document requests, and requests for admission). 8. Deposition discovery. Rules 30-32. Rule 45 subpoenas. 9. Rule 37. Failure to cooperate in discovery. Sanctions. 10. Rule 37. Discovery motion practice. 11. Effective discovery. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the upper-class professional skills requirement. RESTRICTION: Students who completed E-discovery (JD 795) may not enroll. GRADING NOTICE: This class does not offer the CR/NC/H 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.

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