Courses

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

• LAW JD 841: Supervised Research and Writing
  Upper-class students may pursue a special research interest under the guidance of a full time faculty member, and earn one or two semester credits for a Supervised Research and Writing project (also known as an Independent Study). The study must involve a substantial investment of time and effort, and result in significant written work that reflects a high standard of legal scholarship. The student's final grade will be based solely upon written work submitted, and will be included in the student's average. NOTE: Students must register for Supervised Research and Writing directly with the Registrar's Office. You may not register via the Student Portal.
• LAW JD 842: International Business Transactions
  This course provides a comprehensive survey of the legal and business issues arising in international commercial transactions. The course will cover key areas of international business and economic law impacting cross-border transactions, including: the basic ‘documentary transaction (international sales and shipment contracts); agencies and distributorships; franchises and licensing; joint ventures; international project finance; and Cross-border mergers and acquisitions. In addition to substantive law, the course introduces students to essential lawyering skills crucial for success in international transactional practice. Students will develop their skills in negotiation, contract drafting, and client counseling. Through a combination of doctrinal study, case analysis, and practical exercises such as role-playing, students will gain a deeper understanding of the complexities of international business transactions and the role of lawyers in facilitating these deals. The course will also address the importance of cultural awareness in international business dealings and explore topics such as corporate social responsibility and international dispute resolution. PREREQUISITE: Any course in International Law.
• LAW JD 843: International Human Rights Clinic: Human Rights Advocacy
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the International Human Rights Clinic. This is the companion spring classroom component for students in the Clinic. The course focuses on further developing skills in the context of the substantive law and mechanisms of the Inter-American Human Rights system. Classes will cover: interviewing and counseling institutional (non-governmental organizations) clients; designing and implementing human rights field research; ethical pitfalls and professional 'best practices' in human rights collaborations with international networks; advocacy within the Inter-American machinery; and simulations using comparative and foreign human rights problems. The classes will be a combination of readings and discussion; simulations; student presentations; short papers and case rounds to discuss project work; and group and individual feedback on project development. NOTE: This course counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 844: Non-Profit Organizations
  This course will focus on the unique status under the law of non-profit organizations. Particular attention will be given to the different types of non-profit entities (such as universities, museums, private foundations, trade associations and social clubs) and their organization, governance, and regulation by both the federal government and the states. Specific topics will include the permissible scope of non-profit activities; choice of organizational form; the powers and fiduciary duties of non-profit directors/trustees and officers; standing to sue non-profits and limitations on the liability of non-profits; qualification for federal tax-exempt status and related tax issues; forms of charitable giving and the regulation of fundraising; the investment and use of charitable funds; and other issues unique to non-profits. UPPER-CLASS WRITING REQUIREMENT: This class may be used to partially satisfy the requirement.
• LAW JD 846: Historical Perspectives on Law
  This workshop-format seminar examines the interplay of law, constitutions, and culture from an historical perspective. The heart of the seminar is student engagement with works-in-progress by leading scholars in the history, theory, and culture of law, broadly understood. The first three class sessions will be devoted to developing the intellectual tools necessary for reading and engaging with such papers. Starting in week 4 of the semester, the class format will alternate between workshop sessions and more traditional seminar sessions. During the five workshop sessions, an invited scholar will present a current scholarly work-in-progress for discussion. Students will read the speaker's paper in advance and prepare discussion questions for the seminar. During the other sessions, the class will meet as a normal seminar, during which we will discuss readings related to the workshop papers and legal history more generally. The written work for the seminar will consist of a series of brief, critical essays in response to a student-selected subset of the workshop papers. NOTE: This course is open to law students and to graduate students from other departments. A background in history is not a prerequisite. Graduate students from outside the law school may be able to receive 4 credits for this course. Please consult the professor regarding this option. UPPER-CLASS WRITING REQUIREMENT OPTION: Students may use this class to satisfy the upper-class writing requirement.
• LAW JD 847: Federal Criminal Law
  This course examines federal criminal law as a distinct legal system shaped by the dynamic interplay between Congress, the executive branch, and the judiciary. Students will explore the Constitutional foundations of federal jurisdiction, the statutory framework of key offenses—including corruption, racketeering, and criminal violations of Constitutional rights—and the evolving role of federal agencies in enforcement. The course not only covers established doctrine but also highlights the unsettled questions that challenge courts, prosecutors, and policymakers. By analyzing case law, statutory materials, and institutional responses, students will gain insight into how each branch of government influences the development and enforcement of federal criminal law. This course will have a required final exam. PREREQUISITES: Criminal Law, Constitutional Law.
• LAW JD 848: Criminal Procedure A: Investigation
  Criminal Procedure is divided into two parts: investigation and adjudication. Students may take separate courses in investigation and adjudication or may take a one-semester course that covers both, although less intensively. Criminal Procedure A and B each stand on their own and may be taken in either order. One may be taken without the other. Criminal Procedure A focuses on the investigation part, that is, focuses on police investigation and the rights of defendants. 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. RESTRICTION: Students may not enroll in this section and Criminal Procedure AB.
• LAW JD 850: INSURANCE LAW
  The presence or absence of insurance is in many instances the single most important determinant of whether and how a tort or contracts action is litigated. This course focuses on both individual and commercial forms of insurance coverage. Students are introduced to the key insurance concepts of risk management, including the transfer, pooling and allocation of covered risks. Problems of contract interpretation, imperfect information, adverse selection and discrimination will be treated at length. Additionally, the class will take up issues particular to property, life, health, disability, liability and auto insurance. Finally, some time will be devoted to the state regulatory regimes designed to ensure solvency and profitability, and to the secondary market (i.e. reinsurance, and surplus and excess lines). A final exam is required.
• LAW JD 851: Labor Law
  Labor law structures the process through which workers organize and engage collectively, rather than individually, with their employers. This course will cover the basics of private sector labor law in the United States. We will study the National Labor Relations Act and the processes of union organizing and collective bargaining that the NLRA establishes. We will also consider historical perspectives on labor law, issues particular to public sector unions, union participation in the political process, the ¿right to work,¿ and the ability of non-unionized workers to engage in concerted action. Finally, through the lens of labor law, the course will tackle issues of statutory interpretation, administrative law, and constitutional law. The materials are not intended to cover the legal rights of individual employees outside of the NLRA. Students interested in in-depth treatment of those topics are encouraged to take Employment Law and/or Employment Discrimination instead of or in addition to this class. To enroll in this class, students must have completed Contract Law, Tort Law, and Constitutional Law.
• LAW JD 852: Regulated Money Management
  With more than $130 trillion in assets under management, registered investment advisers perform a vital role in raising and deploying capital within the U.S. financial system, and in meeting the retirement and other financial needs of ordinary Americans. This course is designed to familiarize students with the legal and regulatory framework of the investment management industry, and the role of the Securities and Exchange Commission in regulating the industry. The course focuses on the Investment Advisers Act of 1940 and the Investment Company Act of 1940 and examines how these statutes, in combination with other state and federal laws and regulations, govern the formation, structure, distribution and management of mutual funds and other investment-related products and services, including hedge funds and private equity and venture capital funds.
• LAW JD 853: Employment Discrimination
  This course examines federal civil rights laws prohibiting employment discrimination based on race, color, sex, religion, national origin, age, and disability. The course considers litigation strategy and the sources, theories, and goals of anti-discrimination law. Specific subjects covered include discriminatory refusals to hire and terminations, workplace harassment, the applicability of current law to discrimination on the basis of sexual orientation or gender identity, and employers’ responsibilities (or lack thereof) to accommodate or address pregnancy and family responsibilities, religious practices, and disabilities.
• LAW JD 854: WHITE COLLAR CRIME
  The purpose of this Course is to teach present-day white collar crime practice. The course will review: (i) the theoretical bases of modern white collar criminal prosecution; (ii) the major statutes used by prosecutors, including mail and wire fraud, securities fraud, bribery and extortion, obstruction of justice, perjury, and RICO; and (iii) the procedural aspects of white collar crime such as grand jury, attorney/client privilege, and sentencing. Students will learn the prosecutorial and defense techniques employed in significant recent white collar cases. Upon successful completion of the course, students will be familiar with the statutes, procedures, and legal analyses employed by prosecutors and private lawyers in white collar criminal practice. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule.
• LAW JD 855: LAND USE
  The built environment around us is not inevitable or by accident. It is the outcome of a series of legal and political choices about how people should live together; about how to regulate and control the future use of the property around them. These choices result in a legal regime that, at once, is enormously complex, implicates the most basic questions of equity and constitutional freedoms, and affects people in every aspect of their daily lives. This course will examine land use from a legal, historical, theoretical, and, most important, practical perspective. Students will be introduced to a brief history of land use controls in the United States. The course will then cover the basic aspects of land use law: Euclidean zoning, special use permits, variances, vested rights and preexisting uses, exactions, exclusionary and inclusionary zoning, subdivision control, wetlands control, and legal challenges to zoning decisions. The course will also look at more recent trends and issues in land use law, such as smart growth and transit-oriented development, form- based zoning, marijuana regulations, short-term rentals, climate change resilience, and increased federal control of local land use. Finally, the course will examine the constitutional limits of land use regulation under the Fifth Amendment. Students will undertake practical exercises to introduce them to how land use lawyers practice. They will attend a zoning board hearing and report on it; they will analyze a client's proposal to determine what zoning relief is necessary; they will attend a zoning trial or appeal. The course will cover general zoning principles applicable nationally but will focus on Massachusetts law for the practical exercises. The class will require student participation in discussion. The only prerequisite is completion of first-year Property. Students will produce a brief paper on the zoning board meeting they attend and a final paper, and be asked to comment on the trial or hearing they attend. Grading will be based on class participation, the zoning exercise, the comments, and the two papers. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement.
• LAW JD 857: INTELLECTUAL PROPERTY
  In our modern information economy, the law of intellectual property has taken on enormous importance to both creators and users. This course introduces students to the principles of trade secret, patent, copyright, and trademark law, and explores the ways in which those principles are shifting and adapting in response to new technology. The course is open to all upper level students, without prerequisite. No scientific or technical background is required.
• LAW JD 858: International Trade Regulation
  This course focuses on the law governing international trade, including both the law established by the World Trade Organization and relevant U.S. laws. This will include an in-depth analysis of the treaties, regulations, and case law that govern international trade. The course will cover the basic principles and mechanisms of international trade law, including most-favored-nation (MFN), national treatment, dispute settlement, as well as relevant laws in different substantive areas such as tariffs, quotas, services, intellectual property, and trade remedies. The course will also examine the political economy of international trade relations, including how economic and political forces have shaped current regulatory policies and may shape future policies.
• LAW JD 859: Immigrants' Rights - Human Traffic Clinic
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. Students have three fieldwork options: (1) concentration in immigrants' rights; (2) concentration in human trafficking; or (3) work on both types of cases. Students focusing on immigrants' rights will represent adult and children asylum seekers and other vulnerable noncitizens with the opportunity to litigate an immigration case in the Boston Immigration Court. Students focusing on anti-trafficking work will represent survivors of labor and sex trafficking in a wide range of civil matters and engage in policy-related work to address gaps in the local and national landscape. Students focusing on both immigrants' rights and human trafficking will represent immigrant clients and survivors of human trafficking in a range of civil matters. All students will have the opportunity to engage in immigrants' rights and human trafficking work through "Know-Your-Rights" visits at the local jail/detention center and by conducting intake at the Family Justice Center for human trafficking survivors. Students, working in pairs, assume the primary responsibility for multiple clients' complex cases, from start to finish. Students conduct client interviews, track down witnesses, speak with experts, develop documentary, testimonial and expert evidence, and write legal briefs. The clinical supervisors prepare students for their cases through weekly supervision meetings, mid-semester and final individual meetings, and mock hearings, as appropriate. NOTE: The Immigrants' Rights and Human Trafficking Program counts toward the 6 credit Experiential Learning requirement. PRE/CO-REQUISITE: Evidence. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 860: ALTERNATIVE BUSINESS ENTITIES
  Alternative business entities -- particularly LLCs and partnerships -- have become entities of choice, and many more LLCs are now formed than corporations incorporated (especially in Delaware, where more than 70 of new companies are LLCs). The course will address choice of entity decisions, examine the differences and similarities among alternative business entities, including new forms such as the decentralized autonomous organization (DAO) and consider questions involving management, fiduciary and other duties, obligations to non- owners and economic and tax issues. The class will also consider the diverse use cases for alternative entities and the intersection of alternative entity law with securities law, bankruptcy law, and other sometimes inconsistent statutory regimes.
• LAW JD 861: Civil Litigation and Justice Program
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to one of the four clinics in the Civil Litigation and Justice Program. These clinics are: the Access to Justice Clinic (A2J), the Appellate Clinic, the Civil Litigation Clinic (CLC), and the Consumer Economic Justice Clinic (CEJC). Students in the Civil Litigation and Justice Program handle their own caseloads and/or systems change projects under the supervision of clinical faculty. Students participate in the Program for the full year through one of the four clinic options. NOTE: The Civil Litigation and Justice Program counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 862: Client Counseling
  This seminar will provide students with the foundations of client interviewing and counseling and offer opportunities to develop the real-world skills necessary to effectively work with clients. We will discuss different styles and contexts of counseling clients, as well as examining client counseling at several stages of the attorney-client relationship, including the initial client meeting, client interviews, and strategically guiding the client's decision-making as the matter evolves. Students will not only study methods of effective client counseling; they will practice client counseling skills by participating in a variety of hands-on activities, including conducting mock interviews, role plays, and case conferences. The course has multiple points of assessment including class participation, short written assignments, and client counseling simulations. NOTE: This class counts toward the 6 credit Experiential Learning requirement. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the 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 865: Trusts and Estates
  This course is an introduction to the basic elements of the gratuitous wealth transmission process. Topics include (1) an overview of the estate planning process and policy considerations bearing on private wealth transmission; (2) the distribution of property in the absence of a will (intestacy); (3) the law of wills, including formal requisites for validity, revocation and construction of, and challenges to a will; (4) will substitutes and planning for incapacity; (5) an introduction to types of trusts, and to the basic law governing interests in trusts and fiduciary administration; and (5) a brief introduction to wealth transfer taxation. Time permitting there may also be brief coverage of powers of appointment, and spendthrift, and charitable trusts.