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 780: Trademark and Unfair Competition
  This course will examine the precepts of trademark and unfair competition law. We will investigate issues of ownership, protectability, and infringement in the context of words, symbols, slogans, product design and trade dress. The course also will handle related issues, depending on class interest, such as: trademark's common law roots, false and comparative advertising, parody, the right of publicity, the First Amendment, a comparison of how copyright and trademark treat 'functional' designs, the influence of misappropriation law and fears of free riding, and the challenge of applying trademark laws in the Internet context. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 782: Advanced Constitutional Law: Current Issues in Constitutional Law
  This course will focus on several currently pressing U.S. constitutional topics and issues. We'll begin with two more general doctrinal areas -- standing and "political question" doctrine -- that underlie some of our current issues. Among the particular issues we're likely then to consider are: (1) standards for executive privilege; (2) the scope and limits of Congress's oversight power; (3) court challenges to President Trump's continuing business interests under the Constitution's Emoluments Clauses; (4) various issues related to presidential impeachment; (5) the question whether a sitting President may be indicted for a crime; and (6) recent challenges to partisan gerrymandering in Wisconsin, Maryland, and North Carolina. GRADING NOTICE: This class will not offer the CR/NC/H option.
• LAW JD 786: Legislative Policy & Drafting: Clinic Option (C)
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Legislative Policy & Drafting Clinic. Students learn about the law-making process through coursework and hands-on experience working with a client seeking to advance a bill or project through the state legislature. Students work on several projects during the semester that highlight different aspects of the legislative process, allowing students to relate and test the theories discussed in class to real life situations. The in-class seminar covers subjects that affect the legislative process including: constitutional interpretation by legislatures, theories of representation, legislative organization and rules, lobbying, legislative oversight powers, and legislature-executive agency relationships. The clinic instructor works with students to select projects in the students' specific areas of interest, if any. In particular, students interested in business and tax, environment law, or health law, may specialize in those areas for the full semester. 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 787: Transaction Simulation: IP Counsel for New Music Streaming Service
  This course is one of the semester-long transaction simulations offered as part of BU Law's Transactional Law Program. The course will cover matters and transactions engaged in by a startup company (the "Company") seeking to disrupt the music industry with a new music streaming platform. During this course, students will play the role of a transactional intellectual property attorney, advising the Company on several key strategic intellectual property decisions and matters in connection with launching its music streaming service. Some of these lawyering tasks will be foundational, such as advising the Company in selecting a strong trademark and deciding which open source software to use as the base of its otherwise proprietary software. Other tasks will focus on the legal viability of the Company's business model, including advising the Company on intellectual property licenses it will need to stream music and obtain data about artists. Later in the semester, students will work on a proposed equity investment in the Company, representing either the Company or the investor. The course also addresses various ethical issues that may arise in connection with these types of matters and transactions and in transactional practice generally. PREREQUISITE: IP Survey Course OR at least two of the following courses; Patent Law, Copyright Law, or Trademark Law. COREQUISITE: Contract Drafting. NOTES: This course counts toward the 6 credit Experiential Learning requirement. The class will also satisfy the Transaction Simulation requirement of the Transactional Practice Concentration. GRADING NOTICE: This course does not offer the CR/NC/H option. 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 788: Contract Drafting
  This course is the foundational skills course within the Transactional Law Program. It teaches students basic principles and skills of drafting and analyzing commercial and transaction agreements, with a focus on recognizing, and addressing through contractual provisions, key business issues in transactions. Although the course will be of particular interest to students interested in a corporate or transactional law practice, since most practicing attorneys will need to work with contracts at some point in their career, the concepts and skills which the course conveys are applicable to virtually all practice areas and specialties. While the course utilizes lectures to introduce various contract concepts and techniques essential for drafting and reviewing commercial and transaction agreements, it requires that students complete in-class exercises and extensive homework assignments as a means of building basic drafting skills and a solid understanding of the structure and operation of contractual provisions in a business transaction. Grades will be based on the graded assignments, good faith completion of ungraded assignments, and class participation. ENROLLMENT LIMIT: 12 students. NOTE: This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. 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 for a section are required to attend the first meeting to be considered for enrollment.
• LAW JD 789: Transaction Simulation: Forming & Financing a Start-Up Business
  This course is one of the semester-long transaction simulations offered as part of the School's Transactional Law Program. The simulated transaction is the formation and initial financing of a privately-held company in the software industry. The transaction will expose students to the principal issues in counseling entrepreneurs as to their emerging businesses, including key elements such as entity creation, duties of management and control among owners, equity compensation, intellectual property protection, capital raising through preferred stock financing, and financing-related contracts based on industry-standard models. Through in-class discussions and graded homework assignments, students will simulate the work of practicing attorneys (both junior and senior) who counsel start-ups and their founders on a day-to-day basis. The course grade will be based on three drafting homework assignments, contributions in class, and a group project focused on a self-selected current topic. CLASS SIZE: Limited to 12 students. PREREQUISITE: Corporations. NOTES: This course counts toward the 6 credit Experiential Learning requirement. The class will also satisfy the Transaction Simulation requirement of the Transactional Practice Concentration. GRADING NOTICE: This course does not offer the CR/NC/H option. 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 791: Intellectual Property and the Internet (S)
  This seminar will explore the ways in which the Internet has challenged both the theory and the law of intellectual property. Rather than broadly surveying the landscape, we will closely examine a cluster of topics that have especially challenged courts, legislatures, and theorists. Particular topics will be determined prior to the start of class, but might include: copyright law's treatment of intermediaries (such as YouTube, file sharing services, and online service providers); the obligations of auction sites and other online services to police trademark infringement by their users; the scope of fair use protection for user-generated content; and patent protection for Internet-related technologies and business methods. Grades will be based on a combination of written exercises (required each week) and oral presentations (required once for each student). Student participation is required, and will be taken into account in the grade for the course. In lieu of the short papers, it is possible to write a paper that satisfies the upper-class writing requirement. PREREQUISITE: All students must have completed a core Intellectual Property course (Intellectual Property, Patent Law, Copyright Law, or Trademark Law). GRADING NOTICE: This class will not offer the CR/NC/H option. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this seminar. **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 792: Cybersecurity Law
  This course will consider legal and policy challenges arising from rapidly evolving threats in cyberspace. It will define an array of cyber threats, and consider the ways in which they impact a range of governmental and non-governmental actors and entities. It will identify the domestic and international legal frameworks that regulate conduct in cyberspace--including laws related to cybercrime, cyberespionage, and cyberwar--and examine substantive and institutional questions such as: What existing principles limit cyber threats? What are the norms emerging through state practice? How should we fill in the gaps? Who should make these decisions? How should they be enforced? The course will explore these questions within the context of broader policy debates about Internet governance and the role of governmental and non-governmental actors in defending against cyber threats; state restrictions on civil rights and liberties in defending against cyber threats; allocation of decision-making among (and within) the branches for U.S. cybersecurity; and issues of secrecy and accountability. The objective of this course is to deepen our understanding of the existing threats and protections in cyberspace, the regulatory challenges that exist, and the institutions that should address them. No technical knowledge is required. Familiarity with public international law, administrative law and criminal procedure is helpful, but not necessary. International law concepts will be introduced as necessary. GRADING NOTICE: This class will not offer the CR/NC/H option.
• LAW JD 793: Trade Secrets and Restrictive Covenants
  This course will examine the theory, practice, and interrelationship of trade secret law and the law of restrictive covenants, including laws governing the use and enforceability of noncompetition agreements. We will explore what a trade secret is, what it is not, how it differs from other types of intellectual property, and how something secret can constitute protectable property. We will investigate how trade secrets can be misappropriated, including misappropriation through one's memory; whether and in what circumstances trade secrets will be protected, including through the use of noncompetition agreements, nondisclosure agreements, and other restrictive covenants; the other purposes served by those agreements; and the strengths and weaknesses of the various laws governing the protection of trade secrets and the use of restrictive covenants. Depending on class interest and time, we may discuss related issues such as the current debate over the use of noncompete agreements and their putative effects on innovation. 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 796: Climate Change Law and Policy (S)
  Climate change is the most important environmental issue of this century. It has generated major law and policy over the last several years, both in the United States and internationally, and presents significant legal and policy issues that remain unresolved. This seminar will examine the legal tools available to address climate change and possibilities for future action, as well as related challenges in light of the current political landscape. The seminar first will consider the international context and review the history of climate change efforts on a global scale, including the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the 2015 Paris Agreement. It will then focus on currently available U.S. authorities, including the Clean Air Act and executive branch powers, and on state and local efforts. Because there is no statute that addresses climate change head-on, the seminar will consider the challenges presented when a major policy concern is advanced in the absence of a firm statutory foundation. Climate change also raises important issues of human rights, environmental justice, and international and intergenerational equity, which will be examined. Finally, the seminar will look to the future and pose questions concerning expectations for international cooperation and possible developments in U.S. law and policy. There are no prerequisites. The grade will be based on class participation and papers. LIMITED WRITING REQUIREMENT: 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 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 797: Law and War: Contemporary Issues (S)
  Does law continue to operate in times of war? This seminar will examine the knotty legal questions underlying current wartime debates, with a primary focus on modern conflicts facing the United States in the post-9/11 era. A complex architecture of international and domestic law governs states and state actors during wartime. Evolving threats, new technologies, and domestic politics have tested these legal frameworks, and the domestic and international laws of war continue to adapt to challenges to their relevance and viability. Topics for discussion may include, among others: Guantanamo detention, targeted killing and drones, interrogation and torture, humanitarian intervention in conflicts like those in Libya and Syria, and the scope of the U.S. President's constitutional and statutory authority to wage war. NOTE: This class does not satisfy the upper-class writing requirement. RECOMMENDED COURSE: International Law. 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 798: Gender, Violence & The Law (S)
  This seminar provides a detailed examination of gender-motivated violence and legal responses. Recently, there has been greater recognition of gender-based injuries within the law and the provision of new, important protections to survivors. However, despite considerable progress, gender-based violence continues to present theoretical and practical questions, such as: To what extent is gender-based violence different than other types of violence? What legal approaches are most effective to address the harms while recognizing that the diverse interests of survivors? How do societal norms related to gender-based violence impact legal remedies? How should courts balance the interests of other parties in such proceedings to ensure that constitutional rights remain intact? This seminar will involve students in a close scrutiny of gender-based violence, including sexual assault, intimate partner violence, and sex trafficking, from legal, theoretical, and sociological perspectives. It will explore the limits of the law in addressing gender-based violence and emerging non-traditional approaches, including problem-solving courts and restorative justice frameworks. It also will examine how the emergence of the #MeToo movement may influence legal responses to gender-based violence. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this seminar. **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 800: Local Government Law
  Local governments are considered the closest and most responsive form of government to the people. They are designed to create cities and towns that reflect the ideal of the residents' view of the ideal community. When all local government entities are taken into consideration, there are approximately 89,000 local government units in the country - including counties, municipalities, townships, special districts and school districts. Where do they get their powers? What are the limits? What should be the limits? This course provides a study of the law governing the powers and duties of local governments, mainly municipal corporations such as cities and towns. We look at the sources of municipal powers, the limits on those powers, the relationship between municipalities and the state including the relationship between state and local law, and the formation and expansion of municipalities. An important subject of study involves looking at various models of the relationship between the municipality and the state including home rule. We will also look at some issues in municipal finance and zoning power. Where possible, this course will focus on the intersection of local government law and important current events both locally and nationally. 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 801: Administrative Law
  This course will examine the nature and functions of federal administrative agencies and the legal controls on agency action. Agency action is situated and examined in its political and legal contexts. Topics include the status of administrative agencies in the constitutional framework of separation of powers including the non-delegation doctrine, the President's appointment and removal powers in light of the unitary executive, the constitutionality of the legislative and line-item vetoes, the constitutionality of agency adjudication, and the constitutional (and political) status of independent agencies; agency rulemaking and adjudication including the choice of procedural model and the procedural requirements of the rulemaking model; and the availability, timing and scope of judicial review of agency action including standing to seek judicial review and exceptions to the availability of judicial review. The course also examines different methods of policy analysis such as regulatory impact analysis and cost-benefit analysis. Additional topics include discriminatory enforcement, regulatory delay, judicial imposition of procedural constraints on agencies, the implication of private rights of action from regulatory statutes and the availability citizens' suits. Some attention may be paid to differences between state and federal separation of powers doctrines.
• LAW JD 802: Food, Drug and Cosmetic Law (S)
  This seminar examines the Food and Drug Administration as an administrative agency combining law and science to regulate activities affecting public health and safety. Topics include testing and approval of pharmaceuticals and medical devices; food safety and nutritional policy; biologics and biotechnology regulation; cosmetic regulation; pricing of and reimbursement for drugs and devices; global aspects of pharmaceutical regulation, US and foreign patent issues, and FDA practice and procedure; jurisdiction and enforcement. A writing project involving research on food and drug issues will be required. ENROLLMENT LIMIT: 14 students. RECOMMENDED COURSES: Intellectual Property, Administrative Law & Health Law. GRADING NOTICE: This class 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 803: Bankruptcy & Creditors' Rights
  This course focuses on corporate reorganization and corporate finance. We will study the legal requirements for reorganization plans under Chapter 11 of the Bankruptcy Code, as well as the use of going concern sales outside of Chapter 11. We will study important doctrinal issues relating to reorganization of corporate groups, including substantive consolidation and equitable subordination. We will investigate avoidance actions in bankruptcy, including preferences and fraudulent conveyance, and the treatment of pre-bankruptcy contracts. Other topics include the financing of corporate debtors in bankruptcy and workouts and duties to creditors outside of bankruptcy. Finally, we will also introduce and ultimately master some basic tools of corporate finance--present value, expected value, and risk and diversification. GRADING NOTICE: This class will not offer the CR/NC/H option. PREREQUISITE: Business Fundamentals. COREQUISITE: Corporations.
• LAW JD 804: American Legal History
  Selected topics in 19th- and 20th-century U.S. legal history. We will first explore the role of the legal profession in four public controversies: the authority of English common law after the American Revolution, slavery and racism, women's rights, and organized labor. We will then turn our attention to various methodologies for interpreting legal change: formalism, realism, law and economics, critical legal studies, and feminist jurisprudence. Readings (which will be plentiful) are drawn from primary sources (cases, speeches, and treatises) and secondary literature (articles and books). Students can either write a research paper or complete a take-home examination. Research papers may, but need not, fulfill the Writing Requirement.
• LAW JD 805: Secured Transactions
  Many commercial and consumer financing transactions involve the creation of security interests in the borrower's personal property that are akin to mortgages of real property. (Indeed, much commercial activity involves the grant of a UCC Article 9 security interest, and the economic system depends on Article 9 to provide much of the law against which modern commerce takes place.) In a secured transaction, in the event of the borrower's default, the lender can foreclose on the collateral subject to the security interest to help liquidate the debt. While simple to describe, secured transactions and the rules that govern them can be complex. This course covers the basic secured transaction governed by Article 9 of the UCC. Topics covered will include creation and perfection of security interests, priority contests, and default. The course is an excellent precursor to Bankruptcy and often helpful when sitting for the bar exam. GRADING NOTICE: This class will not offer the CR/NC/H option.
• 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.

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