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 BK 950: Pooled Funds and Investor Protection
  Pooled investment funds, such as pension plans and mutual funds, are an important part of the global financial services industry. This course is designed as a survey of pooled funds and seeks to introduce students to the common regulatory themes that are found across pooled fund types, and to identify the unique approaches to regulation applicable to the various pooled fund types studied. The course undertakes an analysis of the legal, regulatory and fiduciary standards that apply to trustees, managers, advisers, and sponsors of collective investment vehicles. The course focuses on the concept of fiduciary duty as the basis of all trusted relationships, and examines selected problems of investor and beneficiary protection in the fields of private and public pension plans and mutual funds. It studies in detail two U.S. federal statutes as examples of legal techniques used to mitigate those risks- -ERISA and the Investment Company Act of 1940 (including fiduciary duties, the role of the fund board and management fees). The class then studies pooled investment funds and investment trusts in the E.U., the U.K. and other countries, focusing on the perceived risks and protective measures reflected in their legal and regulatory systems.
• LAW BK 955: Securities Regulation
  A survey and analysis of key problems arising under the Securities Act of 1933, the Securities Exchange Act of 1934, and the rules promulgated thereunder. These problems include the form and content of registration statements under the 1933 Act, liabilities of persons designated in Section 11 and 12 of the 1933 Act, the form and content of a typical Balance Sheet and Profit and Loss Statement, processing a registration statement, exemptions under the 1933 Act, the underwriter's liability, the control person's "distribution;" regulation of securities exchanges and broker- dealers, manipulation, stabilization, and "Hot Issues;" tender offers; and civil liabilities under rule 10b-5, section 14(a), and Section 16(b) of the 1934 Act.
• LAW BK 957: Introduction to Project Finance
  This course focuses on the structure, documentation and negotiation of a typical project finance transaction. The class will explore legal, financial, and policy problems involved in investing in domestic and cross- border power and infrastructure projects. We will focus on strategies and techniques of structuring and financing such investments, and will touch upon the legal and regulatory environment for investment, and in the context of foreign investment, the role of political risk management and the implications of treaties, conventions, and other relevant law. Selected domestic and cross- border investment transactions, both actual and hypothetical, will be used to illustrate recurring issues. This course may contain a graded group drafting component where students draft and negotiate a loan agreement.
• LAW BK 958: Transnational Lending
  This course examines legal issues arising in debt financing provided by financial institutions in international markets. The structure of transnational loan agreements, guarantees, letters of credit, participation and loan sales transactions, and basic instruments and documents common to trade financing are examined. The nature of the documentation and techniques used in such transactions, as well as regulatory patterns, legal problems and international law reform efforts, are studied. The course also covers issues related to the syndication of debt financing transactions, governing law, and creditor remedies.
• LAW BK 971: Financial Crisis to Fintech
  This course provides the student with a perspective on the origins of the financial crisis of 2007-2009, the response to that crisis, and the financial reform responses to the crisis be they legislative, regulatory of market- driven. The course has three parts: the Buildup, the Eye-of-the Storm, and the Response. In the first part, the causes of this and other financial crises are explored including the housing bubble, the development of the "shadow" financial system, new financial instruments, regulatory gaps and deregulation, monetary policies, compensation practices, accounting deficiencies, governance breakdowns, and more. In the second part, policy responses to the crisis are detailed such as: central bank liquidity facilities, government investment programs such as TARP, fiscal stimulus, stress-testing, enforcement actions and the lack thereof, and global coordination of responses. Finally, the course will take an analytical view of the reforms prompted by the crisis. These include various systemic risk measures, guidance from the G-20 and Bank Stability Board, Basel III, the treatment of home/host country issues, and the current state-of-play of the regulation of the derivatives marketplace. A discussion format is employed to the extent feasible, and problems and illustrations are used to focus and encourage class participation.
• LAW BK 972: Secured Transactions
  Secured Transactions explores the "how-to's" of asset-based lending and, particularly, the way in which a lender or seller of commercial goods on credit protects its rights in the debtor's collateral under Article 9 of the Uniform Commercial Code and the U.S. Bankruptcy Code. The subject matter is approached from the perspective of practice skills in representing a lender and a commercial debtor. Students are responsible for case and problem recitation, as well as problem solving in a team environment.
• LAW BK 983: Central Banks, Commercial Banks, and Financial Markets
  This course introduces lawyers to the economics of financial markets and institutions. Emphasis is placed on the interaction of commercial banks, the Federal Reserve System, and monetary policy. Other topics include the characteristics of financial instruments (such as Treasury securities, corporate stocks and bonds, and secondary market mortgage-backed securities), how they are priced in the market, the factors determining the level and shape of the Treasury yield curve, and the relationship between commercial banking and the growth of the over-the-counter derivatives market. Course grades will be based on midterm and final examinations, and on written assignments.
• LAW BK 987: Securitization
  Securitization and structured finance together constitute one of the most dynamic segments of the financial markets. Securitization involves the creation and issuance of securities backed by one or more assets which generate cash flows sufficient to fund the securities. Structured finance includes securitization as well as transactions in which securities are not issued, but which involve the often complex structuring of cash flows to achieve a desired tax, accounting or financial objective. These transactions often cut across many areas of legal specialization, including bank and thrift regulation, securities regulation, taxation, bankruptcy and insolvency, fiduciary law, real estate law and environmental law. This course examines a series of actual transactions to explore the sometimes contradictory ways that these various legal constructs impinge upon the structuring transactions. Examples include single-family mortgage pools, trade receivable securitizations and commercial mortgage securitizations. This course also explores some of the more cutting-edge securitizations of exotic asset classes such as legal fees, intellectual property and renewable energy assets.
• LAW BK 988: Mergers and Acquisitions
  This course deals with key issues that arise in bank mergers and acquisitions. Business and transactional topics include: merger and acquisition strategies, deal structure and pricing, hostile takeovers and defenses, duties of directors, disclosure obligations, due diligence, mergers of equals, social issues, tax considerations, and accounting issues. Regulatory topics include: federal and state approval processes, regulatory considerations in the structuring of transactions, antitrust considerations, interstate banking issues, the Community Reinvestment Act, thrift and other nonbank acquisitions, Glass-Steagall and Bank Holding Company Act issues, and cross- industry transactions.
• LAW BK 990: Government Regulation of Insurance
  The Patient Protection and Affordable Care Act (PPACA), better known as health care reform, is the most important and controversial piece of federal social legislation of this generation. It is also basically an insurance regulatory statute. PPACA establishes a new and complex set of rules governing the operation of the health insurance industry, provides consumers with important rights with respect to access to medical care and imposes obligations with respect to health insurance on both businesses and individuals. The course will look at PPACA and the issues that surrounded its enactment--issues which continue to fuel debate over whether it should modified or repealed. This will be done as part of an examination of the regulatory rules that govern all of insurance industry?s products (annuities, auto, home owners? product liability, life insurance, etc). The course also takes a look at the insurance industry?s structure and financial performance and at the competitive interactions between the insurance, banking and securities industries. The impact on the industry of the financial crisis of 2008 and the resulting Dodd-Frank reform legislation will be reviewed.
• LAW BK 991: Commercial Lending
  This course studies the legal problems involved in negotiating and documenting various types of commercial lending transactions ranging from short-term unsecured loans to secured and long-term financings. The process is followed from the initial identification of a lending opportunity to pre- commitment correspondence and commitment letters, through to the key documents required at closing. The major aspects of a loan agreement, including definitional provisions, representations and warranties, lending provisions, pricing, affirmative and negative covenants, and events of defaults are studied in detail in an effort to insure that each student understands the mechanics of a commercial loan agreement. Security interests in real estate and personal property are addressed. Loan syndications and the loan markets are examined. Issues relating to guaranties and subordination agreements are considered. Overviews of Chapter 11 bankruptcy and lender liability are provided. Provisions of the Bank Holding Company Act relating to financing transactions, legal lending limits, margin requirements, and usury are considered. A lecture and discussion format is employed. Reading assignments include relevant court decisions, articles, and actual transaction documents.
• LAW BK 995: Consumer Financial Services
  This class presents an overview of the laws relating to traditional and innovative consumer financial products and services, including the impact of the new consumer protection provisions of the Dodd-Frank banking law on creditors and consumers. The course focuses on federal consumer financial laws governing installment, revolving, and real estate lending, credit and debit cards; and ATM networks, point of sale payment systems, home banking, stored value and prepaid cards; and other deposit and loan products and services. The course examines the design of retail financial products and considers operational issues, the regulatory framework, and consumer protection laws including The Consumer Financial Protection Act, Truth in Lending, Equal Credit Opportunity, Community Reinvestment Acts, and federal and state laws governing fair credit reporting, trade practices, usury, electronic funds transfers, and funds availability.
• LAW JD 602: Lawyering Skills 1
  Provides training in legal research, legal writing, oral advocacy, client interviewing, and client counseling through simulations of real-world legal disputes.
• LAW JD 603: Lawyering Skills 2
  Provides training in legal research, legal writing, oral advocacy, client interviewing, and client counseling through simulations of real-world legal disputes.
• LAW JD 605: Business Fundamentals
  Introduction to Business Fundamentals is an online, self-paced, asynchronous program forming a required part of the JD curriculum. The curriculum consists of modules covering business basics, corporate finance and financial accounting, including the following subjects: capital markets; the basics of financial reporting; balance sheets; income statements and cash flow; business forms and organizations; financing organizations; discounting; and calculating risk, return and valuation. Assessment is based on multiple choice exams. Students may opt-out of the course if they score an 84% or better on the pre-course exam. A score of 70% or better on the post-course exam, following successful completion of the course, is necessary to meet the requirement. GRADING NOTICE: This course awards no credits and is graded P/F. It is a graduation requirement for JD students. Students may enroll in the program for the fall, spring or summer semesters, but should complete the course by the conclusion of the fall semester of the 3L year.
• LAW JD 607: Lawyering Lab
  Lawyering Lab is an intensive, four-day course required of all first-year law students. Lawyering Lab provides hands-on, practical training in the context of a business deal, giving students the opportunity to practice a variety of skills under conditions that simulate the realities of day-to-day practice, including time constraints. These skills include negotiation, client counseling, problem-solving, professionalism, public presentation, and teamwork. Students also have an opportunity for self-reflection and evaluation. Students are grouped into small teams and assigned to represent a client on either side of a transaction. Under faculty supervision, teams on both sides of the transaction identify the legal constraints and opportunities presented. Students then collaborate with their teammates to identify, assess, and recommend options for action to their client. After counseling their client on a course of action, students negotiate and draft contractual provisions with opposing counsel. The deadlines for class assignments are tight, as they usually are for lawyers seeking to respond with immediacy to particular client problems. Through the expertise and guidance of the instructors, collaborative exercises with peers, and exposure to some of the day-to-day elements of lawyering, students in the Lawyering Lab learn about law and legal practice in a way that is exciting, innovative, and participant-centered. 1 credit, P/F.
• LAW JD 608: Bar Exam Skills
  This course trains students on the test-taking and study skills that are critical to students' success on the bar exam. This course consists of eight in-person classes, weekly homework assignments and in-class final exam. This course teaches students how to approach the types of questions they are likely to encounter on the Uniform Bar Exam. This course utilizes practice materials provided by Kaplan, one of the largest bar exam test prep companies in the country. This course will also provide students with individualized feedback and a personalized study plan for the bar exam. Course enrollment is limited to two sections with twenty students in each section. This course is designed to provide students with an early start to their bar exam preparation, as opposed to an alternative to taking a full bar review program. THIS COURSE IS RESTRICTED to 3L students who have submitted a written application that is approved by the instructor, Nick Horan. The application for enrollment will be emailed directly to all 3L students. GRADING NOTICE: This course will not offer the CR/NC/H option. Meeting dates will be 2/18/2021 to 4/15/2021.
• LAW JD 671: Antitrust and High Tech Markets (S)
  In the United States and around the world, there is an intense debate about the proper role of antitrust as applied to technology industries. This course will examine some of the key questions involved in that debate including the role of network effects, Big Data, attention competition, and multi-sided platforms in antitrust legal analysis and innovation policy more broadly. We'll study these issues not just through a legal lens but also with a focus on economics and policy, and with the aid of cases from the start of the computing age (AT&T, IBM), the seminal case of US v Microsoft, and more recent inquiries involving firms such as Google, Facebook, and Amazon. NOTE: This class does not satisfy the Upper-class Writing 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, 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 673: Law for Algorithms (S)
  Algorithms - those information-processing machines designed by humans - reach ever more deeply into our lives, creating alternate and sometimes enhanced manifestations of social and biological processes. In doing so, algorithms yield powerful levers for good and ill amidst a sea of unforeseen consequences. This cross-cutting and interdisciplinary course investigates several aspects of algorithms and their impact on society and law. Specifically, the course connects concepts of proof, verifiability, privacy, security, trust, and randomness in computer science with legal concepts of autonomy, consent, governance, and liability, and examines interests at the evolving intersection of technology and the law. Grades will be based on a combination of short weekly reflection papers and a final project, to be completed collaboratively in mixed teams of law and computer science students. This seminar will include attendees from the computer science faculty, students and scholars based at Boston University and UC Berkeley. 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 674: IP and the Life Sciences
  This course will explore legal doctrines in intellectual property--particularly patent law--that shape innovation, research, and development in the life sciences. Students will be introduced to laws that influence decision makers in the life sciences and participate in a series of exercises to apply legal doctrines and understand the incentives and outcomes produced by the existing legal framework. Course topics include selecting drug candidates, IP licensing, material transfer agreements, how firms use IP to protect pharmaceuticals, the optimal timing of patent protection, building patent portfolios, regulatory exclusivity, Hatch-Waxman litigation (litigation between brand-name and generic drug companies), and generic drug development. The course will be a combination of lecture and in-class problem-solving exercises. There are no prerequisites for this class. NOTE: This class does not satisfy the upper-class writing 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.

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