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 679: Critical Perspectives in International Law (S)
  This course is designed for students who have already had some exposure to public international law, whether in the context of a law degree or in some other context. The course aims to deepen students' engagement with this field of law and to enrich their capacity for critical analysis and theoretical enquiry. The primary purpose of the course is to challenge conventional approaches to international legal study through an intensely theoretical and conceptual immersion into international law as a set of discourses, approaches and practices. While we will discuss international legal doctrine, standards and sources, the focus of the course will be on frames and contemporary contexts that reveal the nature of international law as a project. Subfields of and critical approaches to international law (e.g., Third World Approaches to International Law (TWAIL), postcolonial theory and feminist approaches) as well as writings from the social sciences and humanities will be read in the course. This course will be assessed with short weekly reflection papers (40%), one final essay (50%), and class participation (10%). **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 683: Compliance in Financial Services Companies
  This course will take students through the compliance mechanisms within financial organizations putting regulatory requirements into practice. The purpose of the class is to offer a fundamental preparation to the lawyer in a financial institution's legal department or a separate compliance department. This course covers the following: * The history of compliance * The interaction between business processes, legal requirements, and compliance. * The profession of financial compliance * The interaction of conflicts, risks and ethics * The roles of the Chief Compliance Officer, the Auditor, the Legal Officer and the interaction among them * Defining best practice, business process, risk assessment and controls and their interactions within financial institutions * A broad outline of regulations applicable to financial institutions * Data privacy and information security compliance * Interacting with regulators, enforcement agencies and investigations * Business ethics and culture in financial institutions. The course will use an exam as the final assessment. A student who fails to attend the initial meeting of the course, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the course. Students who waitlist for the course are required to attend the first class meeting to be considered for enrollment.
• LAW JD 685: Compassionate Release Practicum (C)
  THIS CLASS IS RESTRICTED to students who have formally applied and been accepted to the Compassionate Release Practicum. In April of 2018, Massachusetts joined 44 states and the federal government in providing a statutory mechanism by which terminally ill and/or permanently incapacitated inmates could be released on so-called medical parole. The new statute was a result of ongoing compromises as part of the omnibus criminal justice reform bill, and pending constitutional litigation which became moot. To date only one person has been released. The intent of the practicum is to engage students both in direct representation of inmates not otherwise entitled to counsel, and in brainstorming and developing solutions in this new and rapidly developing area of law. Students will learn about legislative history and lobbying, about statutory construction, FOIA, and about the constitutional underpinnings of compassionate release. Students will learn and demonstrate drafting, client counseling and negotiation skills. This practicum can be taken for one (50 hours) or two (100 hours) graded credits. Students will write a total of twenty pages, which likely will include a petition for release, and a superior court complaint and motion for judgment on the pleadings. Students will in addition write two journal reflections. There will be a weekly one hour seminar at a time arranged with the students. The final grade is based on class participation, revised writing and journal reflections. NOTE: The Compassionate Release Practicum counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 705: Consumer Debt Practicum
  THIS CLASS IS RESTRICTED to students who have formally applied and been accepted to the Consumer Debt Practicum. Students in the Practicum provide pro bono representation to low income defendants in small claims court on credit card collection matters. Students engage in client interviewing and counseling, negotiation, and oral advocacy including small claims trials, under the supervision of the clinic instructors. Students must be available to be at court on Thursday mornings until 1 pm. In addition, there is a weekly meeting that covers substantive topics and skills development in areas related to the clinic work such as consumer law including Truth in Lending, Fair Debt Collection Practices Act and the Massachusetts Consumer Cost Credit Act. NOTE: The Consumer Debt Practicum counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option.
• LAW JD 707: International Law Research
  An important component of understanding international law is mastering all the diverse sources of this area of law. Students will learn to navigate the international system as well as the relevant primary sources of law. Students will learn research strategies and skills for locating treaties, decisions of international tribunals, documents of international organizations and other sources of state practice. Among the organizations the course will discuss the United Nations, the OAS, the EU and the WTO. In addition, students will be introduced to strategies for researching the law of foreign jurisdictions. Students will gain hands-on experience in answering legal research questions in the area of international and comparative law. Classes will combine instruction and hands-on exercises using major print, electronic, and web based resources for international law research. 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. Meeting dates: (10/9/2020-11/20/2020)
• LAW JD 708: Innovation in Professional Services
  This course will examine innovation theory and how it applies to professional service firms (PSFs), including law firms. The initial focus in the class will be on the disruptive forces and 'megatrends' in the world today that have an impact on businesses -- and, therefore the professional firms serving those companies. The class will introduce students to the many facets of innovation in the PSF context, including the application of advanced technologies to business/legal problem solving, derivation of new insights from data science, changes to the traditional employer/employee model (the 'future of work' for professionals), alternative revenue/business models applicable to PSFs, and incorporating lean startup/design thinking theory into PSF business/legal problem solving. The unique innovation directive applicable to law firms will be closely examined, including the emerging application of advanced technologies - such as artificial intelligence and blockchain -- to legal problem solving. In addition, the course will examine the ethics and legal/regulatory issues with advanced technologies and how this evolving ethics/regulatory field will impact businesses and their professional service firm providers. NOTE: Final paper required in lieu of exam.
• LAW JD 709: Independent Proposal Externship: Fieldwork (C)
  This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is a 2-credit graded seminar that meets every week for 1.5 hours for those students doing fieldwork in small and medium-sized law offices. This seminar focuses on a range of topics unique to legal practice in small and medium-sized law firms, with a particular emphasis on developing the skills necessary for successful lawyering in this setting. Students will gain a foundational knowledge of smaller firms and learn how to cultivate mentors, seek and respond to feedback, obtain challenging assignments, and measure progress on professional development goals. Students will write reflective papers, make oral presentations, and complete other work as required by the instructor. NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement. COREQUISITE: Independent Proposal Externship: Paper (JD 710).
• LAW JD 710: Independent Proposal Externship: Paper (C)
  This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students receive credit for an externship done in conjunction with an independent study project. Qualifying placements include the legal departments of non-profits, government agencies, private companies, or law firms. 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. 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 toward the 6 credit Experiential Learning requirement. COREQUISITE: INDEPENDENT PROPOSAL EXTERNSHIP: FIELDWORK (LAW JD 709).
• LAW JD 711: Judicial Writing (S)
  This course will focus on writing styles and formats unique to the judicial process, such as the bench memo and appellate majority and dissenting opinion. Classes will provide a general overview of the opinion writing function with emphasis on topics such as opinion structure, judicial writing style, the relationship between style and substance, the use of narrative and rhetorical techniques, and ethical considerations in opinion writing. Through a series of writing assignments and in-class exercises, students will learn to how to diagnose and revise difficult and unclear writing, acquire techniques for writing more economically, precisely and unambiguously, and hone their skills in structuring and organizing, analyzing, and writing persuasively. In analyzing judicial opinions and writing from the perspective of a judge rather than an advocate, students will gain a deeper understanding of the judicial process and will become better critical readers and users of judicial opinions. ENROLLMENT LIMIT: 14 students. NOTES: 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.
• LAW JD 712: Legal Writing for Civil Litigation (S)
  This class is designed to give students experience in legal writing civil litigation. Over the course of the semester, students will work on the various stages of a federal court litigation from pre-complaint investigation through dispositive motions. There will opportunities to draft a variety of litigation documents, including complaints, discovery, motions, and memos. Students will complete multiple drafts of key documents and will meet individually with the instructor to discuss the drafts. Students will focus on using the facts to tell their clients' story and making persuasive, winning arguments. In class, students will discuss a range of strategic questions including developing viable causes of action, identifying critical facts, and using written discovery to obtain information. Additionally, students will participate in-class exercises designed to improve the students' skills in writing, fact-gathering and argument. ENROLLMENT LIMIT: 14 students 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 713: Persuasive Writing (S)
  This seminar will focus on improving students' persuasive writing skills through a series of assignments and in-class exercises. Students will draft a variety of documents designed to persuade, including a statement of the facts and memos in support of motions. Some legal research will be necessary for these assignments, but the emphasis will be on writing, not on research. Students will complete multiple drafts of these documents, meet individually with the instructor to discuss the drafts, and engage in peer editing of their classmates' papers to improve their own writing skills. The class will also include discussions of persuasive writing strategies, comparisons of examples of good and bad persuasive writing, and in-class writing exercises. Students will be graded on the basis of their written work, their peer editing work, and on their classroom participation. There will be no final exam. ENROLLMENT LIMIT: 14 students. NOTES: 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.
• LAW JD 716: Construction Law
  This course will introduce students to the key concepts of construction law. The course takes students from pre-construction through project execution, and addresses the issues and conflicts that frequently arise during the construction process. Although portions of the course will address issues of contract law and dispute resolution, the course focuses on issues that are particular and unique to construction.
• LAW JD 717: Health Law Research
  Health law encompasses the engagement of the legal system with a large and dynamic segment of the U.S. economy. In this class, students will gain a familiarity with how to navigate the statutory and regulatory framework of health law, how to evaluate resources, and how complex and multi-part search strategies may be applied to research problems. Students will also gain a deeper understanding of databases beyond Lexis, Westlaw and Bloomberg, and of current awareness sources. Classes will combine instruction and hands-on exercises using print, electronic, and web-based resources. Students will be evaluated on several grounds, including class participation, regular assignments, and a short paper and presentation. NOTE: This class counts toward the 6 credit Experiential Learning requirement. NOTE: Students may not add this course after the first class has been held. 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. Meeting Dates: (2/23/2021-4/13/2021).
• LAW JD 718: Transaction Law Research
  Most students will end up practicing transactional law which presents unique legal research challenges. Students will learn to navigate the statutory and regulatory frameworks of transactional areas of the law like tax, banking, securities and other practice areas. They will research agency guidance, use specialized practice materials and search for filings and company information, among other research tasks. Legal information and technologies in these area are constantly changing and new lawyers should be familiar with the most recent research techniques and tools. Classes will combine instruction and hands-on exercises using major print, electronic, and web based resources for securities law research. Students will be required to complete several assignments using electronic and print resources and put together a final client presentation on a transaction.
• LAW JD 720: Remedies (S)
  The study of law largely involves understanding the substantive scopes of rights and of prohibitions, but, both for the bar examination and for practice, it is essential to understand what the potential solutions are for a wronged person or entity. Remedies is devoted to the latter inquiry. In this course, we will explore the legal powers and limits for righting those who have been wronged and for preventing future wrongs. This seminar includes both public law and private law remedies with a particular focus on social justice and remedial topics that are generally not covered within the 1L curriculum or other required courses. In addition to helping to prepare students for bar examinations (which often test for remedies in civil procedure, contracts, property, and torts), examining remedial principles in this course will be useful to those encountering remedies problems in litigation across substantive fields. This course also covers historically-important and current, hot topics such as reparations, public law injunctions against governmental defendants (so-called "nationwide" or "universal" injunctions), and court-debt related remedies (such as litigation challenging drivers' license suspensions due to nonpayment of fines). 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.
• LAW JD 724: Startup Law Clinic (C)
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Startup Law Clinic. The Startup Law Clinic is a full-year clinic that provides students the opportunity to perform work for real clients on a variety of matters typically encountered by entrepreneurs in launching new business ventures, such as choice of entity, capital structure, equity allocation and compensation, intellectual property ownership and licensing, financing and employment arrangements. Students will also learn, through their first-hand client work, the ethical rules of professional responsibility regarding entity representation, including identification of the client, identifying potential conflicts of interest, and advising clients and associated persons as to the nature and implications of the attorney-client relationship. In addition to their fieldwork, students attend a weekly seminar that develops concepts and skills to support their fieldwork. The seminar features substantive lectures, student-led discussions and guest speakers, and students present and discuss their ongoing client matters. The clinic meets for two semesters, with more advanced seminar topics and increased responsibility for cases occurring in the spring semester. PRE/CO-REQUISITE: Corporations. Students are also strongly encouraged to take Contract Drafting and some intellectual property coursework (the IP survey course and/or other subject-matter-specific courses). NOTE: This clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 725: Technology Law Clinic: Fieldwork (C)
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Technology Law Clinic. In the Clinic, students will represent MIT and BU students who are working on innovative research and ventures, counseling clients on issues including data privacy, intellectual property, computer crimes, cybersecurity, media law, and regulatory compliance. Students draft and negotiate agreements, design compliance programs, advise on the legality of innovative products and services, respond to cease-and-desist threats, and help clients anticipate and prepare for legal disputes, including pre-litigation support. Limited opportunities in litigation may be available. PRE/CO-REQUISITE: a course in one of the following three areas: (1) intellectual property (either an IP survey course or other core IP course such as patent, copyright, or trademark); (2) privacy law (including Privacy (JD 822)); or (3) cybersecurity. NOTE: The Technology Law Clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 726: Health Care Fraud and Abuse (S)
  This seminar will use a practical, case-study approach to some of the issues arising in the complex world of health care enforcement and compliance. With emphasis on the procedural mechanisms of the False Claims Act and the substantive law of the Anti-Kickback Act, the Stark I and II laws, the Food Drug and Cosmetic Act, and the government's remedial authorities, the seminar will explore how prosecutors, defense attorneys, whistleblowers, and compliance officials inside health care companies approach their work and advise their clients. The seminar will explore the relationships between regulated industries (e.g., pharmaceutical companies, hospitals, doctors, medical device companies) and government insurance programs (e.g., Medicaid and Medicare), why these relationships generate billions of dollars every year in fraud, and how the interested constituencies are approaching these issues. 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. ENROLLMENT LIMIT: 14 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 727: Health Care Decisions & Bioethics
  This course will cover issues that arise in clinical healthcare settings, primarily involving who decides and on what basis. Topics include: informed consent and materiality; competence and capacity to give consent; surrogates, advanced directives, physicians orders, and powers of attorney; end-of-life decision making, including withholding/removing treatment, euthanasia, and physician-assisted suicide; clinical ethics committees; patient confidentiality and duties to disclose; human subjects research and institutional review boards; physician conflicts of interest; pre-approval access to drugs; and rationing of scarce healthcare resources.
• LAW JD 729: Compliance Policy Clinic: Seminar
  THIS CLASS IS RESTRICTED to students who have formally applied and been accepted to the Compliance Policy Clinic. The Clinic is designed to develop core skills and capacities that are transferrable across compliance practice contexts and substantive areas of law. Clinic students hone research, analysis, writing, fact investigation, interviewing, presentation, counseling, project management, and interprofessional collaboration skills while deeply engaging issues of ethics, culture, risk management, and enforcement. PRE/CO-REQUISITE: Introduction to Risk Management and Compliance. Additional courses that may be helpful to take before or at the same time as the Clinic: Corporations, Administrative Law, Professional Responsibility. NOTE: The Compliance Policy Clinic counts towards the 6 credit Experiential Learning Requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

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