Courses

The listing of a course description here does not guarantee a course’s being offered in a particular semester. Please refer to the published schedule of classes on the Student Link for confirmation a class is actually being taught and for specific course meeting dates and times.

• LAW JD 806: Prosecutorial Ethics (S)
  Former U.S. Supreme Court Justice Robert Jackson once noted, "The prosecutor has more control over life, liberty, and reputation than any other person in America." This seminar examines the unique role and power of prosecutors in the United States and their responsibility to ensure "that guilt shall not escape or innocence suffer." We will study the ways in which a prosecutor exercises discretion -- in deciding what charges to bring (or whether to bring them at all), in conducting trials, in recommending punishment -- and the ethical and practical considerations that affect those determinations. What duty does the prosecutor owe to the victim? To the police? To the public at large? How might their interests conflict with prosecutors' objectives and impact their decisions? A major focus of this course will be the prosecutor's obligations to the accused and the various ways in which they are breached. We will examine the potential consequences of prosecutorial misconduct, the instances in which it may or may not be remedied, and to what extent it can be deterred. Students will engage in mock disciplinary hearings, playing the role of bar counsel in bringing allegations of misconduct or defending prosecutors against such claims. Throughout the semester we'll refer to Rules of Professional Conduct that apply to all lawyers, while scrutinizing others that bind prosecutors but not defense attorneys. Other topics to be covered include the relationship between the prosecutor and the grand jury, conflicts of interest, selective prosecution, trial misconduct, prosecutorial immunity, mandatory minimum sentences, the use of confidential informants and cooperating witnesses, discovery of exculpatory evidence, post-conviction obligations and wrongful convictions. Our study will draw heavily from historical events such as the Duke Lacrosse rape allegations, the Clinton/Lewinsky and other political scandals, and the prosecutions of O.J. Simpson and other celebrities, as well as more recent events such as the Boston Marathon bombing, the Dookhan drug lab scandal, and the deaths of several unarmed individuals at the hands of the police. NOTE: This seminar does not satisfy the Upperclass Writing Requirement. This seminar satisfies the Professional Responsibility requirement. While there are no required prerequisites for taking this course, it is recommended that students have taken or be enrolled in Criminal Procedure (Comprehensive, Investigatory or Adjudicatory). RECOMMENDED COURSE: Criminal Procedure (Comprehensive, Investigatory, or Adjudicatory) 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 807: Business Immigration
  This course will provide an overview of business immigration law, with a particular focus on how various federal administrative agencies are engaged in shaping a complex, multidisciplinary immigration law ecosystem for employers. In addition to a substantive overview of nonimmigrant and immigrant visa classifications throughout the course, we will explore how immigration laws are informed by, and overlap with, other key areas such as corporate and securities law, employment and labor law and tax law. Topics will include entity formation of new businesses; visa challenges in entrepreneurship; immigration obstacles faced by multinational businesses; immigration consequences of mergers and acquisitions; the intersection of business immigration with employment laws; enforcement trends targeted at employers; and the role of the IRS and tax laws in business immigration. We will also briefly review administrative law basics, explore the parameters of executive power in shaping business immigration law, and examine the plenary power of the President over immigration. Throughout the course, we will discuss how debates about outsourcing, unemployment and national security, among others, inform a complex national discussion about business immigration. We will also identify, examine and discuss core professional responsibility issues that arise in business immigration practice. There are no prerequisites for this course. There is no writing requirement, but there will be weekly quizzes and a final examination. Class attendance and participation are essential.
• LAW JD 808: Corporate Governance Practice
  This is an experiential course. The focus will be to prepare students with practical knowledge and skills to counsel public corporations on corporate governance matters. Assignments will simulate those expected of a junior lawyer in a law firm or in-house counsel. We will cover key concepts in corporate governance, including the legal framework and the roles of different players such as Boards of Directors, management and shareholders. We will focus on recent experiences of U.S. public corporations and current developments in the field. Students will work on developing practical lawyering skills such as drafting and making oral presentations. We will also engage in role-playing exercises and mock negotiations. We will have governance experts representing multiple constituencies as guest instructors. There will be no exam. ENROLLMENT LIMIT: 12 students. PREREQUISITE/COREQUISITE: Corporations. GRADING NOTICE: This course does not offer the CR/NC/H option. NOTE: This class counts toward the 6 credit Experiential Learning requirement. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment.
• LAW JD 809: Learning From Practice Externship (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, judicial placement, private company, or at a law firm. Placements may be paid or unpaid. Students may find their own placements that must be approved by the Clinical and Experiential Programs Office, or the Office has resources to help students identify and apply to suitable field placements based on their interests and career goals. NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Learning from Practice: Seminar (JD 771).
• 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
  McClain: This course offers a survey of family law, including case law, statutory law, and the role of constitutional rights in limiting governmental regulation of the family. This course will introduce students to family law as a dynamic field of law concerning a basic social institution: the family. Family law is a foundational course relevant to many areas of law practice. Students will gain knowledge about how family law intersects with many other fields of law, such as contracts, constitutional law, conflicts of laws, criminal law, property, tax, torts, and trusts and estates, as well as how social science informs family law. The course will focus on marriage (including the recognition of same-sex marriage), nonmarital families, divorce, pathways to becoming a parent, and the parent-child relationship. Topics include defining and regulating marriage; formal marriage; common law marriage; nonmarital couples, cohabitation, and alternatives to marriage (such as domestic partnerships); common law incidents of marriage and transformation of the common law; domestic violence; traditional and "no fault" divorce; property division; spousal support; child support; child custody; and regulating parenthood. Students will be introduced to the role of negotiation, mediation, and other forms of dispute resolution in the practice of family law. There will be a final examination. The teaching method is a combination of lecture and class discussion, with some in-class small group problem-solving exercises. Silbaugh: 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; divorce and dissolution of relationships; the financial consequences of divorce including property division and alimony; premarital agreements; the laws governing non-marital relationships; family mediation; child custody, visitation, and parenting plans; child support; paternity; assisted reproductive technologies; 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. GRADING NOTICE: This class does not offer the CR/NC/H option.
• 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. PREREQUISITE: Business Fundamentals. GRADING NOTICE: The CR/NC/H option is only offered in Professor Marks's section.
• LAW JD 817: Human Trafficking Clinic: Adv. Advocacy Seminar (S)
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. In this seminar, students will further develop their trial advocacy and client counseling skills by participating in multiple simulations and a mock hearing. They will learn about comparative models to address human trafficking, and the challenges of a criminal justice framework to solving complex social problems. The course will focus on the lawyer's role in anti-trafficking work, given: (1) converging areas of law; (2) the emerging multi-disciplinary nature of legal work; and (3) tensions among the role of the client as both victim and defendant. Courses will focus on further developing students' competencies in the following areas: (1) strategic planning and decision-making; (2) client interviewing and counseling; (3) trial advocacy; (4) leadership and innovation; and (5) professional responsibility. Classes will focus on a wide range of topics, including: (1) oral advocacy; (2) direct and cross examination; (3) accompaniment and survivor-led advocacy; (4) legal advocacy and brief writing; (4) legislative advocacy; and (5) developing professional roles and self-care. NOTE: The Immigrants' Rights and Human Trafficking Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 818: Corporations Lab
  Open only to students enrolled in Professor Hirst's section of Corporations. Enrollment by application. More information coming soon.
• LAW JD 819: Criminal Procedure: Comprehensive
  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) or Criminal Procedure: Adjudicatory (JD820).
• LAW JD 820: Criminal Procedure: Adjudicatory Process
  This course examines the procedures and institutions involved in adjudicating the fate of an accused after arrest. Topics include such matters as the right to counsel, charging by grand jury and otherwise, prosecutorial discretion and plea bargaining, discovery, double jeopardy, trial practice (including the right to a jury trial, the right to confront witnesses, the meaning of "proof beyond a reasonable doubt", etc.), evolving practices in sentencing, and criminal appeals. RESTRICTIONS: Enrollment is limited to students who have not taken and are not currently enrolled in Rossman's Criminal Procedure (JD 819). Students who have taken or who are enrolled in Maclin's Criminal Procedure (JD 821) are permitted to take this course. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.
• LAW JD 821: Criminal Procedure: Constitutional
  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. GRADING NOTICE: This class will not offer the CR/NC/H option. RESTRICTION: Students may not enroll in this section and Criminal Procedure (JD819).
• LAW JD 823: Compliance Policy Clinic: Fieldwork (C)
  THIS CLASS IS RESTRICTED to students who have formally applied and been accepted to the Compliance Policy Clinic. The goal of the Compliance Policy Clinic is to give students an opportunity to participate in the design, implementation, and maintenance of compliance and ethics programs. Students will work on projects that are devised in collaboration with partners from the public and private sectors. Projects may include the development of corporate ethics programs for multinational enterprises and/or ethical frameworks for specific industries, the creation of innovative and accurate techniques for measuring risk and corruption, and other pedagogically sound opportunities and projects. The fieldwork for the Compliance Policy Clinic will allow students to hone their research, analytical, drafting, writing, presentation and counseling skills. PREREQUISITE: Intro to Risk Management & Compliance (JD778). NOTE: The Compliance Policy Clinic counts towards the 6 credit Experiential Learning requirement.
• 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; adjudicative competency; anti-youth crime policies; conditions of incarceration; and changes brought about by elimination of mandatory 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 several assigned reading response papers over the course of the semester. ENROLLMENT LIMIT: 14 students. 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 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 class does not satisfy the upper-class writing requirement. This class counts toward the 6 credit Experiential Learning 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 829: Evidence
  In this course, we will examine evidence rules and principles with a focus on U.S. Federal Rules of Evidence, relevant constitutional provisions, and cases interpreting both. In addition to covering the substantive rules of evidence, the course demonstrates the significance of evidence as a strategic device in civil and criminal litigation, especially at trial. Some topics covered: relevance and prejudice; examination and impeachment of witnesses; privileges; expert testimony; and scientific evidence, character, and propensity evidence. We will engage in thoughtful discussions about cases alleging serious criminal offenses and civil injuries that may be disturbing. The course includes a mandatory, practice quiz/midterm with performance that does not count toward the final grade; a final examination that is multiple choice, true/false, and potentially short answer; and a mandatory short reflection paper. This course satisfies BU Law clinics' evidence prerequisite/co-requisite requirement.GRADING NOTICE: This class does not offer the CR/NC/H option. PREREQUISITE: Civil Procedure.
• LAW JD 831: Evidence
  Practical and theoretical aspects of the rules of evidence. The purpose and policies underlying the evidentiary rules are stressed throughout in order to make the rules meaningful, predictable, and functional both for students interested in trial practice and for students who anticipate engaging in a more diversified practice. In addition to covering the substantive rules of evidence, the course demonstrates the significance of evidence as a tactical device at the trial and as a vital skill for the office lawyer.
• LAW JD 833: Environmental Law
  This is an introductory survey course in environmental law. Topics include clean air, clean water, hazardous waste regulation and cleanup, and the protection of endangered species. Administrative Law is recommended but not required as a prerequisite.
• LAW JD 835: Jurisprudence: Contemporary Controversies Over Law & Morality (S)
  This seminar will examine some classic issues of jurisprudence as they arise in contemporary controversies over law and morality. Topics will include the following: * The legal enforcement of morals. In Lawrence v. Texas, which recognized a right of gays and lesbians to intimate association, Justice Scalia protested in dissent that the case "effectively decrees the end of all morals legislation." Is Scalia right that there is really no distinction between homosexual intimate association and, to quote Scalia's list, "fornication, bigamy, adultery, adult incest, bestiality, and obscenity"? What are the proper limits on moral disapproval as a justification for traditional "morals legislation"? * Government's role in promoting public values: conflicts between liberty and equality. To what extent may government inculcate civic virtues and promote public values? We will focus on conflicts between personal liberty (including religious liberty) and the use of antidiscrimination law to secure the status of equal citizenship for gays and lesbians. For example, should laws recognizing same-sex marriage grant religious exemptions to town clerks and business people who morally disapprove of such marriage? * Grounds for justifying rights: protecting freedom to choose versus promoting moral goods. What are the best grounds for justifying rights in circumstances of moral disagreement? For example, should we justify a right to same-sex marriage on the ground that government should respect people's freedom to choose whom to marry? Or instead on the ground that protecting such a right promotes moral goods (the same moral goods that opposite-sex marriage furthers): commitment, intimacy, fidelity, and the like. * Rights, responsibilities, and regulation. To what extent does the protection of rights preclude governmental encouragement of responsible exercise of rights or regulation to protect others from harm? We will examine such issues in the context of reproductive freedom and the individual right to bear arms. * Originalisms versus moral readings of the Constitution. To what extent does constitutional interpretation involve determining the original meaning of the Constitution as a matter of historical fact (originalisms) versus making moral and philosophic judgments about the best understanding of our constitutional commitments (moral readings)? We will explore the emergence of "new originalisms" that aim to justify certain controversial rights that conventional originalists like Justice Scalia have rejected. ** 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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