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LAW JD 899: Criminal Trial Practice II/Prosecutors (C)
THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice II is for students in their second semester of the Program and who have been assigned to the Prosecutor section. Students act as prosecutors in the Quincy District Court on behalf of the Norfolk County District Attorney's Office, handling felony and misdemeanor cases of increasing complexity under the supervision of the clinical professor. Students are exposed to a wide variety of experiences, including investigation, interviewing and trial advocacy. Students handle pretrial matters, litigate evidentiary hearings, and are assigned to conduct every phase of jury or bench trials. Students collaborate but serve as the lead prosecutors on their own cases. Case assignments are based upon an individual assessment of a student's progress and demonstrated competence. Students in the Prosecutor Clinic may choose to enroll for 5 or 8 credits. Those receiving 5 credits must be available to be in court for a full day on Monday, Tuesday or Thursday. Those receiving 8 credits must be available on an additional half day on Monday, Tuesday or Thursday. NOTE: The Criminal Clinical Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. -
LAW JD 900: Economics of Intellectual Property Law (S)
This seminar will explore the economics of intellectual property law. There are no prerequisites. The readings for the seminar will consist of Cass and Hylton, Laws of Creation (2013), and several cases and articles. The seminar will emphasize understanding the policy justifications for the major doctrines in intellectual property. The topics studies will include patent law, copyright law, trademark law, trade secret law, and the intersection of antitrust and intellectual property. ENROLLMENT LIMIT: 14 students. 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 901: Appellate Advocacy Program Director
This class is restricted to third-year students who applied and were accepted as directors of the BU Law Moot Court programs (Stone and Albers). NOTE: This class may be used to satisfy the Upper-class Writing requirement. -
LAW JD 903: Supreme Court 2018 Term: Criminal Law, Criminal Procedure and Habeas Cases (S)
This course will focus on criminal procedure and criminal law cases that are currently on the docket of the Supreme Court. Each week, the class will read a substantial amount of materials in preparation for one case, including its lower court opinion, the briefs from each party, two sets of amicus briefs, and a Supreme Court opinion drafted by a member of the class. Students will also be expected to read the most significant Supreme Court precedents involving each case. Prior to each class session, each student will be responsible for writing a 3-5 page memo critiquing the readings of the week. Students will also be responsible for drafting one 20-25 page Supreme Court opinion to be distributed to and discussed by the class. Criminal Procedure is not a prerequisite for this course. GRADING NOTICE: This course 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 904: Law of Consumer Markets (S)
Understanding the laws governing consumer transactions is relevant not only to our daily lives but also to many careers in the law. Why do consumer laws matter for societal issues such as racial and income inequality? How can government agencies best promote compliance while minimizing burden to businesses? How should leaders of consumer corporations navigate a heavier regulatory era? This seminar will examine consumer laws from three main perspectives: the businesses that must comply with regulations; the agencies--such as the Consumer Financial Protection Bureau and the Federal Trade Commission--that write or enforce rules; and the consumers who purchase over $10 trillion in goods and services annually. PREREQUISITE: Business Fundamentals. RECOMMENDED COURSE: Antitrust. 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. -
LAW JD 905: Entertainment Law (S)
This seminar will focus on the varied legal doctrines that influence both the business and practice of Entertainment Law. Some of the primary topics include issues involving publicity rights and the use and control of image, celebrity and promotion issues, defamation and free speech, invasion of privacy, copyright including infringement and dispute and other general contractual relations surrounding the entertainment field. The course will also explore the practical aspects of entertainment law such as complicated litigation issues involving jurisdictional and venue concerns, client counseling and negotiations and other ethical concerns raised in the course of representation of your client. This course will not focus on sports entertainment or any other specific labor-related organizations. There will be no final exam. Grades will be based upon papers and class participation. NOTES: This class does not satisfy the upper-class writing requirement. ENROLLMENT LIMIT: 18 students. 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. -
LAW JD 907: Representing Life Sciences Companies: Biotechnology, Pharmaceuticals and Medical Devices (S)
Biotechnology and Pharmaceuticals are two of the fastest growing industries in the U.S., and the legal issues that arise in connection with representing them are complex and evolving. This seminar will focus on the transactional, intellectual property, and regulatory legal issues that challenge lawyers working with clients in these industries. We will begin with an overview of these industries, including a basic review of the sciences underpinning them (intended for non-scientists). We will then delve into complex legal issues such as licensing, collaborations, and consortium building; academic-industry interactions; the drug and biologic regulatory approval process; issues arising in clinical trials; and legal issues arising in the manufacture and distribution of life sciences products. If time permits, we will also examine the medical device industry and the ways in which that industry differs from the biopharmaceutical industry. In lieu of an exam, students will prepare a 25 page, journal-worthy article addressing a legal topic of the student's selection. PREREQUISITE: No scientific background will be required, but students will benefit from prior or contemporaneous coursework in intellectual property. 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 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 908: Judging in the American Legal System (S)
This seminar explores the professional role of judges, both state and federal, in our American legal system. It invites analysis of the distinctive features of our judiciary, its multiple roles in legal determinations under stare decisis, in statutory interpretation, in fact finding (both at trial and in other contexts), in the many interactions with the direct democracy of the American jury, in administration and case management, and in contacts with the legislative and executive branches. 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. The first class meeting will take place at the Law School (Date/Time TBA), while the rest of the class will be conducted at the United States District Court. ** 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 909: LLM Moot Court/Persuasive Advocacy
This class will introduce LL.M. students to appellate advocacy, both written and oral. To introduce students to persuasive writing -- a critical lawyering skill, applicable to a range of legal practice settings -- students will first draft a motion and memorandum in support thereof. Students will then draft an appellate brief and participate in an oral argument based on that brief. Students will write multiple drafts of each written assignment and will have the opportunity to meet with the instructor to discuss these drafts. The oral arguments will give students an opportunity to develop their speaking and presentation skills in simulated court setting. For students considering transferring into the J.D. program, this course will satisfy the J.D. Moot Court requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. -
LAW JD 911: Practice of US Copyright and Trademark Law: Media & Entertainment Transactions (S)
This seminar will provide foreign-trained lawyers with a practical overview of American intellectual property concepts in copyright and trademark as well as rights of privacy and confidentiality in their application and negotiation strategies in media and entertainment transactions. The course will study and analyze contracting/licensing from both a commercial and content creators' perspective. Focused on media and entertainment transactions, students will review, analyze, negotiate and draft agreements among which may include brand sponsorship, trademark licensing and product placement, content distribution, personal services for talent, such as music and TV/video production, and licensing music and clearance of rights for film and TV. Students will receive exposure to how the protection of intangible assets can further a variety of business strategies, as well as the client counseling issues to consider. International comparative analyses of concepts and strategies will be presented where applicable. Students will be evaluated based on their class participation and performance on drafting assignments, negotiation exercises and a final capstone project. Co-Requisites: Contracts; a survey IP class and/or prior exposure to copyright and trademark concepts is highly recommended. Limited to 18 LLM students. ** 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 916: Advanced Constitutional Law: The Fourteenth Amendment
The Fourteenth Amendment provides that, among other things, no State shall "deprive any person of life, liberty, or property, without due process of law ... nor deny to any person within its jurisdiction the equal protection of the laws." This course will explore the meaning that the U.S. Supreme Court has given to these relatively innocuous words. Specifically, the first half of the course will be an examination of the birth, death, reincarnation, and continued life of substantive due process. The second half of the course will be an examination of the Court's equal protection jurisprudence. Canonical cases examined during the semester include The Slaughterhouse Cases, Lochner v. New York, Plessy v. Ferguson, Brown v. Board, Roe v. Wade, Planned Parenthood v. Casey, Whole Woman's Health v. Hellerstedt, Lawrence v. Texas, Grutter v. Bollinger, and Obergefell v. Hodges. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. GRADING NOTICE: This class will not offer the CR/NC/H option. -
LAW JD 918: Compliance and Risk Management in Global Commerce
This course covers U.S. laws governing global trade and finance. We will examine the compliance obligations of multinational enterprises pursuant to U.S. export controls, sanctions, AML and terrorist-financing laws. Key focuses of the course will be the extraterritorial scope of U.S. laws, and techniques for mitigating legal risk in transnational business operations. Students will learn how to: 1. Identify and assess legal risk in transnational trade and financial operations; 2. Build compliance programs that effectively mitigate such risk; and, 3. Manage interactions between multinational enterprises and U.S. enforcement agencies. -
LAW JD 921: Negotiation
The goal of this course is to improve your effectiveness as a negotiator. In this highly interactive class, students will examine negotiation from a variety of perspectives and learn specific negotiation strategies and tactics. Over the course of the semester, students will engage in a series of negotiation exercises (i.e., role plays) through which they can develop and hone their negotiation skills and approaches. Discussion and short lectures will accompany the role-plays, as appropriate. There will be short written assignments as well as a longer paper due at the end of the semester. No final exam. ENROLLMENT LIMIT: 16 students. NOTE: This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. RESTRICTION: Students may not enroll in Negotiation and Alternative Dispute Resolution (JD881). -
LAW JD 923: Criminal Trial Practice/Professional Responsibility
THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. It is open to all 3Ls and 2Ls participating in the Program either semester. The course focuses on ethical issues that arise in the context of criminal trial litigation. NOTE: This course satisfies the Professional Responsibility requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. -
LAW JD 924: Legal Externship Program: Fieldwork (C)
This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students receive credit for working in the legal department of a non-profit, government agency, private company, or at a law firm (working on pro bono projects only). Placements may be paid or unpaid. Students may find their own placements that must be approved by the Office of Experiential Education, or the Office has resources to help students identify and apply to suitable field placements based on their interests and career goals. Students receive 3-9 variable P/F credits for their fieldwork, as determined in consultation with their placement supervisors. Each credit requires 50 hours of work over the course of the 13-week semester (averaging 4 hours per week). NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement. COREQUISITE: Legal Externship: Legal Ethics (JD 925). -
LAW JD 925: Legal Externship Program: Legal Ethics
This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is the companion academic component for students enrolled in the Legal Externship: Fieldwork course. This two hour weekly seminar examines legal practice and the ethics of lawyering, including conflicts of interest, competency, confidentiality, pro bono obligations, special ethical obligations of government and in-house attorneys, and ethical billing. The seminar requires students to write a 15-page paper and make a class presentation. In addition, each student keeps a reflective journal chronicling their educational experience and reactions to the practice of law observed at the field placement. NOTE: Students who enroll in this component of the externship may count the credits towards the 6 credit Experiential Learning requirement or the Professional Responsibility requirement. It may not be used to satisfy more than one requirement. COREQUISITE: Legal Externship: Fieldwork (JD 924). GRADING NOTICE: This class does not offer the CR/NC/H option. -
LAW JD 927: International Law
This course will offer a basic survey of contemporary international law. It will teach students the minimum that every lawyer should know about the major issues of public international law and policy that influence current events and modern legal practice. It will also provide a foundation for those interested in further study of particular topics covered. We will consider both the historical "law of nations" and post-World War II developments, which have shifted the fulcrum of the system from an exclusive focus on the rights and duties of states inter se to a broader focus on all the diverse participants in the contemporary international legal process: not only states but intergovernmental and nongovernmental organizations, insurgents, multinational business enterprises, terrorist and criminal associations, and individuals. Specific topics will include: (i) the history, nature, sources and efficacy of international law; (ii) the establishment, transformation and termination of states and other actors, including international institutions and, in particular, the United Nations; (iii) the domestic incorporation of international law, with a focus on key concepts of U.S. foreign relations law; (iv) the allocation among states of jurisdiction to prescribe and apply law, as well as jurisdictional immunities; (v) human rights, the laws of war, and international criminal law; (vi) the allocation of control over and regulation of the resources of the planet, including the law of the sea, territory, the environment, and the global economy; and (vii) the use of force. The role of power in the international legal system will be candidly acknowledged--and the problems and opportunities it presents explored. Current international events will be woven into the curriculum as appropriate. Examination. -
LAW JD 928: Shareholder Activism (S)
The recent rise of shareholder activism has become one of the most important topics for investors, corporate managers, and lawyers, transforming the way that public companies are run. Investment funds of all types have turned to activist strategies, including hedge funds, mutual funds, pension funds, labor union funds, religious orders, and charitable foundations. These shareholders are no longer content to passively defer to senior managers and boards of directors while quietly collecting their dividends and hoping for share price appreciation. Some may demand specific business changes, others demand across-the board governance reforms, and still others may pursue environmental or social objectives. This course will explore the various forms of shareholder activism, and corporate responses to them. We will examine the debate over proxy access, say-on-pay initiatives, majority voting for directors, the corporate governance reform movement, corporate political activity, socially responsible investing, and shareholder litigation. In examining these issues we will discuss the costs and benefits of such activism. Students will also develop an appreciation for the institutional players that drive this activism, and for those that oppose it. Students should expect to hear from several guest speakers from all sides of the shareholder activist debate. PREREQUISITE: Corporations and Business Fundamentals (may be waived with instructor's permission). LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the instructor. 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. -
LAW JD 931: Private Equity and Venture Capital Transactions (S)
This seminar introduces students to the business and legal issues prevalent in private equity and venture capital deals and highlights the significant role that lawyers play in effecting these transactions. The seminar will begin with an overview of the private equity and venture capital industries, an introduction to investment transactions and will proceed through all aspects of the life of an investment from inception to exit. It will address how investment funds are formed and the legal and financial considerations present when those funds invest in private companies. We will examine deal terms and structures, pricing and corporate finance issues, and the management of deal risk. It will also highlight the due diligence process, stockholder relationships, fiduciary duties and securities laws considerations, and liquidity events. Theoretical readings will be balanced against practical articles and commentary, recent court decisions and model deal documents. The seminar will be highlighted by guest lectures by private equity and venture capital investment professionals. Grades will be based on a final exam, short pre-class exercises and class participation. PREREQUISITE: Corporations (May be waived with an instructor's permission.) NOTES: This class does not satisfy the upper-class writing requirement. 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. -
LAW JD 935: Affordable Housing Law (S)
The seminar will combine a focus on: 1) public policy issues related to the goals of creation of affordable housing in the context of community revitalization; and 2) real-world implementation strategies that have been successfully used to achieve these goals. Analyzing the roles of government agencies, non-profit organizations, neighborhood groups, and private businesses will be a key part of the seminar. In lieu of a traditional exam or term paper, students will engage in field research and investigation of real community projects as part of semester long case studies, where they will work with lawyers, government officials, developers and grass-roots advocates involved with the projects. The relative utility of traditional legal techniques (such as land use planning devices, zoning, easements, revolving trusts, leasehold covenants and financing) will be carefully analyzed; the policies and impact of federal, state and local laws, including federal and state affordable housing financing programs and the Community Preservation Act in Massachusetts, will be examined; and possible new approaches will be considered. By incorporating real-world projects into the seminar, it is hoped that the interface of law, economics, planning, design, and construction disciplines will enable the problems to be analyzed from a variety of perspectives reflecting a client's and a community's practical concerns. 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.

