Courses

• LAW JD 947: Sex Crimes
  Over the last few decades, the public has become increasingly concerned about sexual crimes. In addition to harsher punishments, several civil, collateral consequences have become common such as indefinite commitment and registration. This class will explore how sexual offenses are dealt with in the criminal justice system and the underlying reasoning for the heightened attention, including morality, statistical data, and psychological/scientific evidence. We will discuss the limitations, if any, that govern collateral consequences such as indefinite civil commitment and registration (e.g. Constitutional restrictions, scientific uncertainty). The class aims to challenge preconceived notions of sex crimes and sex offenders through case law, guest speakers, academic literature, and real life scenarios. NOTE: This seminar does not satisfy the Upper-class Writing Requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 948: Immigrants & the Law (S)
  Recent census data informs us that there are approximately 40 million immigrants living in the United States. About 11 million of these immigrants are undocumented or otherwise in the country illegally. The rest of the country remains divided on their feelings regarding the immigrant population, with about half believing that immigrants "strengthen the country because of their hard work and talent, while 41% [believe them to be] a burden because they take jobs, health care and housing." This course will investigate the life of an immigrant in American society from a legal perspective. Students will learn how immigrants, both documented and undocumented, interact with various sections of the American system. The goal is to assess various ways in which an individual's immigration status affects access to important rights and benefits accorded to citizens and analyze the legal rationale for existing limitations. We will examine these issues through the use of law review articles, court cases, existing and proposed legislation, newspaper articles, empirical studies, and governmental and private organizational position papers. Topics may include an investigation of an immigrant's access and limitations in primary and secondary education, public benefits, the court system, employment, voting, as well as modes of immigration policing by both federal immigration authorities and state police. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement. GRADING NOTICE: This course 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.
• LAW JD 949: Judicial Decision Making (S)
  This seminar explores judicial decision making in the trial and appellate courts on which the judge has served. Drawing on his decisions and other related readings, the class will consider each week the challenges posed by different types of judicial decisions. This approach will allow the class to evaluate and discuss many facets of judicial decision making, including but not limited to the following: * Differences between trial and appellate court decisions * The interactions between trial and appellate court decisions * Why certain issues are particularly difficult for judges * What is explainable and unexplainable about judicial decision making * How judicial philosophy and judicial process affect decision making * What works and does not work in judicial decisions, and * The rationale for concurrences and dissents Through the studies of these and similar issues, the students will hopefully become more informed critics of judicial decision making and more effective advocates in court. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. GRADING NOTICE: This course 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.
• LAW JD 950: Homicide Investigations and Trials: Theory and Practice (S)
  This seminar will focus upon the substantive law of homicide, as well as the practical aspects of actual homicide investigations and trials: crime scene interpretation; DNA analysis; autopsies and related forensic evidence; expert testimony, particularly in the area of psychiatry and criminal responsibility; jury considerations; ethical concerns; and the role of the media. Students will have the opportunity to study actual murder cases, visit local crime laboratories and courtrooms, and learn prosecution, defense, and judicial perspectives on various contemporary issues arising in murder investigations and trials. 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. 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, 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 952: Copyright Law
  Copyright is one of the major legal regimes governing art, software, information, and entertainment, and its rules deeply affect how the internet operates. This course is a policy and skills-oriented study of federal copyright law. Much of copyright policy can be clarified by using some basic tools from economics and philosophy; these analytic tools will be taught during the course, and no prior knowledge is required. As for skills, the course focuses on two: how to tackle and master a complex set of interrelated statutory provisions, and how to articulate legal principles orally in a way that would be comprehensible to an untutored judge. Rather than having a predominant lecture format, the course puts student analysis at its center. The course will cover the exclusive rights granted to creators of "original works of authorship", the authorial subject-matters eligible for federal copyright, the nature of an infringement action, and defenses such as fair use. In addition, students will be expected to master at least one detailed, statute-governed topic such as duration (how long do rights over a given work of authorship remain in private hands before becoming free for all to copy) or the inalienable right of termination (how authors can retrieve their copyrights despite having signed contracts indicating that they have sold all rights). The course also examines some state rights, such as the 'right of publicity' and 'quasi-property rights against the misappropriation of data', for purposes of exploring how these state doctrines interact with, or are pre-empted by, federal copyright law. GRADING NOTICE: This class will not offer the CR/NC/H option.
• LAW JD 953: International Intellectual Property
  International law is increasingly important to domestic lawyers every day. This is as true in intellectual property as in any field. Regulation of intellectual property is a cornerstone in the globalization of modern trade and commerce. In order to harmonize intellectual property laws, more and more countries sign up to multilateral agreements regulating these laws. However, jurisdictional differences still exist and affect this process. This course examines international agreements and comparative laws on intellectual property and ways in which the intellectual property laws of the United States relate to those of other nations. Topics will include securing and enforcing rights in trademarks, copyrights and patents under international regimes and in various jurisdictions, and the interplay between intellectual property, international trade and culture, and Internet-related issues. The course is designed to afford students who intend to practice in IP an acquaintance with key international IP principles and policy issues. The course will impart understanding in these areas using materials such as treaties, cases and commentary. The course will treat international and European intellectual property separately, and will focus on the major international systems related to each substantive IP area. The course is open to all students but it is helpful if students have completed or are enrolled in an IP survey course, or to LLMs with some intellectual property experience. LIMITED WRITING REQUIREMENT OPTION: A final exam will be offered in the course, but as an alternative, 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. ENROLLMENT LIMIT: 16 students.
• LAW JD 955: Alternative Dispute Resolution for LLMs
  The goal of this course is to improve the ability of internationally-trained LL.M. students to resolve disputes and to productively engage in conflict. In this highly interactive class, students will examine a variety of dispute resolution processes, other than traditional court adjudication, including negotiation, mediation, arbitration, dispute system design and restorative justice. Over the course of the semester, students will engage in a series of exercises (i.e., role-plays) through which they can develop and hone their skills and approaches to dispute resolution. Discussion and short lectures will accompany the exercises, as appropriate. There will be a series of short written assignments (2-3 pages). No final exam. ENROLLMENT LIMIT: 18 students.
• LAW JD 957: Law and Sexual Minorities (S)
  This seminar will consider the legal treatment of lesbian, gay, bisexual and transgendered citizens. In particular, the seminar will cover evolving family structures, privacy rights, the military, employment discrimination, and the tension between protecting the rights of victims of discrimination and those who discriminate. Students will write a research paper or an appellate brief and will prepare an oral presentation. Students may satisfy the upperclass writing requirement with their paper. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. ENROLLMENT LIMIT: 18 students. ** 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 958: Effective & Ethical Depositions (S)
  The purpose of this seminar is to teach students how to take and defend effective and ethical depositions. The course involves both a simulated deposition component and a professional responsibility component. The seminar also satisfies the professional responsibility requirement. Simulated Deposition Course Component: Students will be divided into firms representing either the Plaintiff or the Defendants in a gender discrimination and defamation case brought by an attorney who has been denied partnership. The students will prepare and perform depositions of lay and expert witnesses and gather experience with obtaining and developing facts, preserving testimony, and the uses of depositions. Professional Responsibility Course Component: The simulated context offers the opportunity to explore several professional responsibility issues that arise naturally in deposition practice. These issues emerge largely because of the dual professional roles of an attorney: zealous representative and officer of the court. Some of the more timely issues involve proper witness preparation, improper witness coaching, inadvertent waiver of privilege, and abusive tactics. Writing and Performance Requirements: Each week students will write a short one or two page comment on the professional responsibility issues raised in class. At the end of the course, students will perform a videotaped deposition rather than take a final written exam. NOTE: This seminar satisfies the Upper-class Professional Skills requirement. LIMITED WRITING REQUIREMENT: A limited number of students may elect to use this course to fulfill the upper-class writing requirement. ENROLLMENT LIMIT: 16 students. GRADING NOTICE: This seminar does not offer the CR/NC/H option. ** 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 959: International Business Agreements: Negotiating, Structuring and Drafting (S)
  This seminar will provide an overview of the private dimensions of negotiating and drafting international business agreements, and specifically on the contractual aspects. Students will gain hands on experience in structuring, drafting and analyzing various international business agreements and documents including global joint venture agreements and privatization provisions, sales, distribution and franchise agreements, international development agreements, share purchase agreements, letters of intent and technology licensing agreements. The design of the class will assist students in identifying critical legal issues and techniques likely to affect the outcome of international business negotiations including protecting against political, economic and legal risks. Emphasis will be placed on the important differences between international and domestic agreements from the American law perspective. Grades will be based on class participation and a final research paper. At the option of the student a final examination can be taken in lieu of a research paper. 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. GRADING NOTICE: This course 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.
• LAW JD 961: Housing Law (S)
  Over the last sixty years housing law has evolved in a number of significant ways. Where once a lease was primarily considered to involve a transfer of an interest in land, it is now considered to involve a relationship framed by contract principles. Consistent with this change, tort law involving rental property is moving from a traditional negligence standard to a more complex standard based upon a duty derived from the implied warranty of habitability. Courts must now determine whether landlords should be held strictly liable in tort for personal injury claims based on defective conditions, inadequate security, lead poisoning, etc. Where formerly a landlord had significant discretion over tenant selection and tenancy termination, a variety of state housing laws and federal/state anti-discrimination laws now place significant limits on the landlord's power and control over these tenancy relationships. Public housing and governmentally subsidized housing has generated much heated debate as well as litigation over such issues as development-based policing authority and the right to evict entire families based upon criminal conduct of one family member. Finally, during the past four years complex title, tenancy, consumer rights and community preservation issues have arisen in the wake of the foreclosure crisis that has swept the nation. This seminar will focus on the various legal, social policy, and practical issues emerging with respect to traditional tenancies, premises liability, public safety in public and subsidized housing, housing discrimination, environmental protection, and control of foreclosed property. Student classroom participation and papers are 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. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class is frequently offered in alternating years. 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, 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 963: Licensing Law and Practice Workshop (S)
  The number of transactions worldwide involving intellectual property has skyrocketed in the past ten years, as increasing numbers of businesses seek to monetize their patent, copyright, trademark and trade secret assets. As a result, licensing has developed into distinct legal practice. This seminar will focus on the various practical legal and business issues that arise in patent, software, trade secret and trademark licensing (and - time permitting - music licensing) including contract law and intellectual property concerns as well as the effect of antitrust, bankruptcy and international law on these transactions. Prior coursework in intellectual property law would be useful, but is not required, as the course will include a segment on IP basics. The course will not include an exam or paper; instead, the course will be arranged in a workshop format, in which students will draft, edit, and revise various license agreements and related documents in response to case studies that are based on actual transactions. ENROLLMENT LIMIT: 10 students. 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 964: Patent Litigation
  This course will examine all aspects of U.S. patent litigation, beginning with pre-filing considerations such as standing, jurisdiction, and choice of law, and ending with the appeal. Particular attention will be given to pleadings, claim construction, discovery, and motion practice, as well as the methods of proving invalidity, unenforceability, and infringement. The course will also consider trial preparation techniques, trial practice, the role of technical experts, and the remedies available in patent cases. Students will be evaluated based on a writing assignment that will require drafting a litigation-related document, such as a claim construction brief or summary judgment motion, and a short final exam. No scientific or technical background is required to enroll in this course, and there are no prerequisites, although prior or concurrent exposure to patent law (such as through the Patent Law course or the Intellectual Property course) may be helpful.
• LAW JD 966: Gender, Law and Policy (S)
  This seminar provides students a chance to study contemporary issues of gender, law, and policy through the format of a series of presentations of works-in-progress by legal scholars actively engaged in new and important research on such issues. Many legal and social problems implicate gender and gender equality. Gender remains a significant category of analysis in numerous substantive areas of law. Gender equality is also a commitment of domestic law and international human rights law, but gender inequality persists. At the same time, some scholars question the continuing use of gender and other identity categories. We examine cutting-edge issues about gender, law , and policy through a series of seven presentations in which prominent scholars with expertise in the area of gender, law, and public policy present scholarly works-in-progress for discussion with the instructor and students. In alternating weeks, when there is no outside speaker, the instructor and students will discuss the paper that is to be delivered the following week, as well as relevant background reading. Topics vary from year to year, depending on the speakers, but in the past have included: anti-discrimination law, criminal law, corporate board diversity, elder law, employment law, family law, First Amendment (speech and religion), gender identity issues (including transgender rights), health law controversies, international human rights, the intersection of race and gender, masculinity studies, privacy law, reproductive rights, theories of sex difference, and tort law. Students will write a short reflection paper on each scholarly paper and one longer paper (10-12 pages) about one of the seven works. Interested faculty are invited to attend sessions when speakers present their work. A list of confirmed speakers and papers can be found here: http://www.bu.edu/law/ssi/jd/academic/course/documents/GenderLawPolicySpeakersFall2015_000.pdf. NOTE: This seminar does not satisfy the Upper-class Writing Requirement. This seminar will not be offered in 2016-2017, so students should plan accordingly. **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 967: Advanced Trial Practice (S)
  This intensive seminar takes an integrated approach to civil and criminal procedure, evidence, and trial practice to teach the current trial techniques at work in our courts. Taught at the United States District Court itself, the course involves in-court observations, specific critique of actual trial presentations, and seminar discussion of all aspects of procedure, trial preparation, evidence, and trial practice. A term paper on some aspect of the trial process is required. While neither evidence nor trial practice is a formal prerequisite for this course, they are recommended. The goal of the seminar is to enhance the quality of judgment, exposition, and fact-law teaching a lawyer exercises on behalf of the client in the trial environment. The first class meeting will take place at the Law School - Date/Time TBA. 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 (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 968: Immigration Law
  This class will cover the immigration laws of the United States, including the administrative and regulatory framework of the United States agencies charged with enforcing U.S. immigration laws. The topics covered by this course include the power of the Congress to regulate immigration; the effect of politics on immigration policy; nonimmigrant and immigrant visa classifications and visa processing; the law of asylum; the effect of criminal acts on immigration status; grounds of removal from the United States; relief from deportation, immigration court representation; and the law of naturalization and derived citizenship. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 972: Lawyering in the 21st Century (S)
  The practice of law has changed dramatically in the last several decades and is expected to change even more in the not-too-distant future. Developments in global commerce and information technology are at the forefront of this change. The globalization of commerce has resulted in the globalization of law practice, making the regulation of lawyers more difficult and less predictable. Changes in lawyer regulation elsewhere in the world, such as the radical reforms recently enacted in the UK and in Australia (permitting the ownership of law firms by nonlawyers, including public investment, as well as the formation of multidisciplinary practices), are bound to have important implications for US lawyers. Even for lawyers whose practices remain primarily local, developments in information technology have resulted in new challenges, such as: 1) storing and protecting the confidentiality of electronic files; 2) regulating the quality of work outsourced to cheaper providers, including foreign lawyers; 3) regulating the provision of legal services through the internet; and 4) special issues concerning marketing and confidentiality that arise from the extensive use of social network sites. This seminar will explore the ethical issues raised by these changes in the practice of law, including issues concerning unauthorized practice of law, conflicts of interest, confidentiality, advertising and solicitation. A substantial research paper will be required. There are no prerequisites for this seminar. This seminar satisfies the upper-class professional responsibility requirement. ENROLLMENT LIMIT: 18 students. GRADING NOTICE: This seminar 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.
• LAW JD 973: Civil Litigation Program/Pretrial Advocacy
  The program also includes a serious classroom component during which you learn the theories of practice for use in the field. Pretrial Advocacy is taught in groups of roughly 14 students and two clinical professors per group. Half of the classes are devoted to activities and simulations in which you role play with the skills that are taught. Students in the HEFD option take Pretrial Advocacy in the fall, while Students in the ERC fall option will take Pretrial Advocacy plus a "bootcamp" in Trial Advocacy. Please note that the HEFD and ERC section of Pre-Trial Advocacy will satisfy the Professional Responsibility requirement. GRADING NOTICE: HEFD & ERC sections do not offer the CR/NC/H option.
• LAW JD 974: Civil Litigation Program/Trial Advocacy
  The program also includes a serious classroom component during which you learn the theories of practice for use in the field. Trial Advocacy is taught in groups of roughly 14 students and two clinical professors per group. Half of the classes are devoted to activities and simulations in which you role play with the skills that are taught. Students in the HEFD option take Trial Advocacy in the spring. Students in the ERC spring option will take Trial Advocacy plus a "bootcamp" in Pretrial Advocacy.
• LAW JD 975: International Human Rights Clinic (C)
  The International Human Rights Clinic is part of BU Law's expanded practicum of offerings in international human rights that includes the Semester-in-Practice Program in Geneva and international pro bono project trips. The Clinic develops and expands on human rights projects including: representing international NGO's in advocacy in the UN Human Rights Council, the treaty bodies, the regional human rights organs (in the American, African, and European human rights systems); filing briefs and amicus briefs on international human rights law issues in US domestic courts; participating in universal jurisdiction claims in the US and other courts. The International Human Rights Clinic is a two semester commitment. Students earn 3 credits per semester for completing the clinic fieldwork. Fieldwork includes some combination of the following: amicus briefs on human rights issues; handling appeals in refugee and international human rights cases; working on research, investigation and advocacy on international human rights issues, partnering with domestic and international non-governmental organizations on the Guantanamo cases, habeas cases, Alien Tort Claims Act and other cases; working on research, advocacy and drafting submissions to the various treaty bodies at the UN and the Human Rights Council in Geneva; Working in partnership with the Boston Center for Refugee Health and Human Rights (BCRHHR), focusing the health and human rights aspect of humanitarian cases. In addition to the fieldwork, students must take 2 seminar courses: International Human Rights (fall; 3 credits); and International Human Rights Advocacy (spring; 3 credits). The clinic fieldwork is supervised by Professor Susan Akram. Professor Akram also teaches the two required seminar classes.

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