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 894: Trial Advocacy
  This course introduces the student to the structure of the trial process and the skills used by trial lawyers. The topics covered range from opening statements to closing arguments, including conducting direct and cross-examination of witnesses, making and meeting objections, introducing documents and discovery into evidence, and using hypothetical questions with expert witnesses. Students must perform simulated exercises and will try one or more civil or criminal cases before a jury. Visit the web for more information on the instructors. PREREQUISITE: EVIDENCE. Students taking TRIAL ADVOCACY in the second semester of their third year may take EVIDENCE as a COREQUISITE. Students who have taken a trial advocacy course as part of a clinic may not subsequently enroll in Trial Advocacy. ENROLLMENT LIMIT: 12 students. GRADING NOTICE: This course does not offer the CR/NC/H option. NOTE: This course counts toward the 6 credit Experiential Learning requirement. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment.
• LAW JD 895: Youth and the Law
  We will consider the way the law responds to the transition from childhood to adulthood across a variety of legal topics. We will consider the ways numeric age and conceptions of maturity influence responses to a range of issues. Topics may include: the treatment of youth in the criminal justice system; the rights of youth to familial or state support in obtaining housing and other material goods; the relationship between youth and commercial actors or other third parties ranging from the infancy doctrine to social media platforms; parental authority and responsibilities in healthcare and educational decision-making; the civic spheres of military service, voting, and jury duty; protective laws such as labor laws; and ages of privilege such as driving and access to alcohol, tobacco, and cannabis. We will read together for the first portion of the course, opening class with all students making quick presentations about the day's readings individually or on teams. As we unpack frameworks underneath youth law, we will consider presentation and paper topics. In the final portion of the course, students will offer oral presentations of their research projects in light of the frameworks we develop. Evaluation will be based on preparation, class participation, presentations, and a paper that follows the presentation. UPPERCLASS WRITING REQUIREMENT: This class may be used to partially satisfy the requirement. GRADING NOTICE: This seminar does not offer the CR/NC option.
• LAW JD 896: Corporate Counsel Externship: Seminar
  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 for those students doing fieldwork in Corporate Counsel offices that meets every week for 1.5 hours. The seminar will cover a range of topics and competencies essential to the day-to-day role of a lawyer in the corporate counsel offices of for-profit and nonprofit companies, such as: understanding the modern and future role of corporate counsel offices, on a global scale; exercising executive leadership; representing a business entity through its constituents; becoming both a trusted legal advisor and strategic business partner to the corporate client; upholding confidentiality and ethical standards; learning the client's business; understanding the role of regulatory compliance; communicating effectively in a business setting; managing priorities and crises; collaborating with multi-disciplined teams; and solving problems with workable solutions that enable the client's objectives. To maximize the students' growth over the semester, the seminar will also teach students how lawyers learn from practice, build strong supervisory and mentorship relationships, build cultural competence, reflect and self-assess, and set and measure progress on professional development goals. Students will write reflective papers, make oral presentations, and complete other work as required by the instructor. COREQUISITE: Corporate Counsel Externship Fieldwork (JD 954). NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement.
• LAW JD 897: Consumer Economic Justice Clinic Seminar 1
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation and Justice Program - Consumer Economic Justice Clinic. In addition to the clinic fieldwork, students will attend a weekly classroom seminar. The fall seminar will cover substantive consumer law as well as theories and policies that explain the current state of consumer protection and economic injustice. Students will learn about key state and federal consumer protection laws including the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, The Truth in Lending Act, M.G.L. Chapter 93A (also called the "Massachusetts Consumer Protection Law") and how these laws may be used to move low-income consumers towards economic justice. PRE/CO-REQUISITES: Evidence and Professional Responsibility. 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 898: Criminal Trial Practice II / Defenders
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice 2 is for students in their second semester of the Program who have been assigned to the Defender section. Students represent clients charged with criminal offenses in either the Boston Municipal Court or the Boston Juvenile Court, handling felony and misdemeanor cases of increasing complexity under the supervision of the clinical professor. Students gain exposure to lawyering experiences such as investigation, interviewing, counseling, and trial advocacy. Students must be available to be in court two full days a week. Students will receive more information about which days they must have available for court before they must register for all courses. PREREQS: Evidence; Trial Advocacy or Criminal Trial Advocacy; Criminal Procedure (Comprehensive, Constitutional, or Adjudicatory). NOTE: The Criminal Law Clinical Program counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 899: CRIMINAL TRIAL PRACTICE II/PROSECUTORS
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice 2 is for students in their second semester of the Program and who have been assigned to the Prosecutor section. Students serve as prosecutors in the Quincy District Court on behalf of the Norfolk County District Attorney's office, handling felony and misdemeanor cases of increasing complexity under the direct supervision of the clinical faculty member. Students are exposed to a wide variety of experiences, including investigation, interviewing and trial advocacy. Students litigate evidentiary hearings and conduct every phase of jury and bench trials. Students collaborate but serve as the lead prosecutors on their own cases. Students in the Prosecutor Clinic may choose to enroll for 5 or 8 credits. Students must be available to be in court two full days per week. Students will receive more information about which morning they must have available for court before they must register for all courses. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 900: Economics of Intellectual Property Law
  This seminar will explore the economics of intellectual property law. There are no prerequisites. The readings for the seminar will consist of Cass and Hylton, Laws of Creation (2013), and several cases and articles. The seminar will emphasize understanding the policy justifications for the major doctrines in intellectual property. The topics studies will include patent law, copyright law, trademark law, trade secret law, and the intersection of antitrust and intellectual property. ENROLLMENT LIMIT: 14 students. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement.
• LAW JD 901: APPELLATE ADVOCACY PROGRAM DIRECTOR
  This class is restricted to third-year students who applied and were accepted as directors of the BU Law Moot Court programs (Stone and Albers). NOTE: This class may be used to satisfy the Upper-class Writing requirement.
• LAW JD 903: SUPREME COURT DECISIONMAKING
  This course will focus on cases that are currently on the docket of the Supreme Court across the range of the Court's subject matter. In the first week of class, we will read a set of pending certiorari petitions and vote as a class on whether we would grant the petition. (Petitions and background readings will be available on the course website.) Each student will be responsible for writing a brief memorandum in one case on whether the Court should grant the petition. Thereafter, each week, the class will read materials in preparation to discuss one or two cases pending on the merits, including its lower court opinion, the briefs from each party and selected amicus briefs. Prior to each class session, each student will be responsible for writing a brief memo (no more than a paragraph or two on each case) briefly stating how they would decide the case or cases for that week and why. Students will also be responsible for drafting one 20-25 page Supreme Court opinion and one 3-5 page dissenting opinion (either from their own opinion or someone else's) to be distributed to and discussed by the class. NOTE: Students registered for this seminar are encouraged to choose a case from the Court's docket during Fall Semester and take the lead on writing the opinion in that case. Students who do not choose a case in advance will be assigned one at the first class meeting. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement; two drafts and research on secondary sources is required. GRADING NOTICE: This course 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 905: Entertainment Law
  This seminar will focus on the varied legal and business doctrines that influence the practice of entertainment law. Some of the primary topics include copyright and trademark protection and enforcement; defamation and freedom of speech; privacy and publicity rights; social media; licensing and merchandising entertainment properties; and other general contractual relations within the entertainment industry. The course will also examine the practical aspects of entertainment law, such as client counseling and negotiations and contract drafting. There will be no final exam. Grades will be based upon papers and class participation. NOTES: This class may not be used to 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 906: Current Issues in Employment Law
  This seminar focuses on recent trends and developments in employment law as seen from the perspective of a practitioner. Topics include recent legislative, government, and practice developments related to the Equal Employment and Opportunity Commission’s objectives, paid leaves of absences, restrictive covenants, sexual harassment, and salary transparency. Topics also include increased prevalence of failure to accommodate claims (disability and religion) and retaliation claims, increases in unionization efforts, and the complexities caused by remote workers. NOTE: Prior labor/employment law coursework is preferred but not strictly required. The class will consist of weekly discussions based on assigned reading/viewing often with required short exercises or reflections, as well as a final research paper. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may be permitted to satisfy the requirement with the approval of the Vice Dean for Academic Affairs.** 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 908: WRITING FOR LEGAL CHANGE
  This course explores various ways that legal change happens with a focus on the written methods. We will examine theories regarding when and how legal change occurs, highlighting the various roles lawyers can play in creating that change. The main modules of this course will focus on (1) clarifying the law for non-lawyers, (2) the op-eds medium, (3) amicus briefs and giving voice to non-parties, (4) advocacy for regulatory changes through rulemaking, and (5) ballot initiatives. Students will critically examine each type of writing, revising current sources and writing their own. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to 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, 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 909: Theories of Law and Society
  This interdisciplinary seminar introduces students to theories of law and society. Specifically, this seminar considers the nature and function of law through the lens of sociological theory. It addresses many questions overlooked in the traditional law school curriculum. What is law? What is justice? What is the relationship between law and culture? Theorists include classic sociological thinkers such as Durkheim, Weber, Marx, as well as critical thinkers such as de Beauvoir, Said, and Fanon. In their final paper, students will be expected to apply one or more theories to an emerging area of legal doctrine or practice. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the 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 910: Consumer Economic Justice Clinic Seminar 2
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation and Justice Program - Consumer Economic Justice Clinic. In addition to the clinic fieldwork, students will attend a weekly classroom seminar. In the spring seminar, students will explore the role of consumer protection laws and theories as a means to economic justice. Students will also reflect on their experiences from the fieldwork and how they relate to larger systemic problems. In the Spring Semester, the seminar will apply a macro lens to analyze the causes of individual consumer legal problems, including government and policy reasons, and the causes of economic injustice as a systemic problem. Students may also research and write papers for publication (e.g., comments on a proposed bill, a policy paper, or a know-your-rights article) about a consumer law issue. PRE/CO-REQUISITES: Evidence and Professional Responsibility. 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 911: Courts and the LGBT+ Movement
  The seminar will examine the role of the courts in both enabling and hindering the remarkable social/political/cultural shifts that have made it possible for many lesbian, gay, bisexual and transgender Americans to participate more fully in our common life while being as open as they choose about who they are, creating for many of us a changed landscape impossible to have imagined a just a few decades ago. The First Amendment will be a primary focus, although the questions posed will inevitably spill over into considerations of the Due Process and Equal Protection provisions of the Fourteenth Amendment. Our perspective will be critical, recognizing evolving openness in the courts where it appears and at the same time calling out the conscious, unconscious and systemic bias that continues to pervade the law. The plan is to begin with the unlikely emergence of the First Amendment as a friend to LGBT folk in the otherwise hostile legal landscape of the Fifties. Then, we will track how, fertilized by the African-American civil rights and feminist movements of the Sixties and early Seventies, the right to speak burgeoned into the right to participate openly in civic venues that were formerly off limits. We will look at how, and to what extent, the role of the state as guardian of gender conformity lost much of its power to impede openness and equality for people who had historically been regarded as simply beyond the pale of community. We will examine the "red lines" that queer people were forbidden to cross, like the scouts, the military, athletics, parenting and marriage; and the extent to which those lines have eroded or become more rigid. We will assess the "blowback," such as the spate of laws forbidding discussion of sexual orientation and gender identity in the schools; laws targeting transgender individuals; and the increasing use of the First Amendment to create exemptions to public accommodation laws. Finally, we will think together about the advantages and possible drawbacks of the strategies employed to advance equality for LGBTQ folks as these strategies relate to the larger struggle for human liberation and for the fostering of an environment that makes it easier for the planet and its inhabitants to thrive. To help facilitate this discussion, one or more sessions will, if feasible, include practicing attorneys working in this area of the law. There will be final paper in lieu of an examination. Grades will be based on the paper and class participation, including weekly response papers to the material covered in our weekly sessions. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the 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, 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
• LAW JD 913: HOSPITAL LAW
  This course focuses on the highly regulated industry of health care, but with attention to the law applicable to hospitals and health systems. The course will review Federal and State statutes, regulations, as well as case law relevant to hospital organization, responsibilities and liability, credentialing, fraud and abuse laws and compliance oversight. The course is intended to develop competencies in understanding health care and health care insurance laws and regulations as they pertain to hospitals, developing familiarity with the reimbursement (particularly Medicare & Medicaid), regulatory compliance and enforcement issues facing hospital counsel. In addition, it is expected that students will demonstrate legal analysis and reasoning, problem-solving and communications skills required for work in a hospital/health care setting. Through understanding core health care law principles, students will learn the foundational legal, structural and business aspects of the modern hospital complex. Understanding how hospitals fit into the broader health care environment of payors, physicians, patients, regulators and other health care providers, law students will be able to appreciate the challenging dynamics affecting the health care system and the role of the hospital, often at the hub of activity, both in terms of current practice, but also health care delivery system reform. After completing the class, students will have been exposed to the key health care-related legal issues facing hospitals that hospital counsel and other health care lawyers need to know. Additionally, recognition of these stressors will be important training for lawyers in other disciplines interacting with hospitals, such as labor and employment law, intellectual property, antitrust, criminal defense, environmental, corporate, employee benefits, tax, etc. Course materials include a case book, primary source documentation, and guest lectures from in-house and outside counsel representing hospitals.
• LAW JD 915: Comparative Law and China
  This seminar offers an overview of the legal system of the People’s Republic of China. Topics include China’s basic political and economic structure, the courts and dispute resolution system, and selected topics in property law, corporate law, technology regulation, foreign investment, trade, national security, and international law. The seminar also examines the political and economic factors that shape China's legal institutions, as well as broader questions of legal comparison. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the 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 916: Presidential Leadership, Executive Power & Constitutional Change
  Although formally described as one of three constitutional branches of government, over time American presidents have become especially influential in making constitutional law within their sphere of action, as well as shaping the development of powers and rights in others’ spheres of action. In exposing students to writings from political science, history, law, and sociology, this interdisciplinary seminar has several objectives. First, students will learn how to recognize when conditions are favorable for modern presidents to meaningfully alter the substance of constitutional law, statutory law, and individual rights, along with institutional arrangements within the administrative state. Second, students will explore the social conditions—within bureaucracies and society as a whole—that must prevail for an administration to make legal transformation a priority. Third, students will ponder what constraints exist on presidentially-led projects of major legal change, whether they are effective, and whether new constraints would be wise. Fourth, students will learn how to think more deeply about questions of legality—constitutional and otherwise—given the reality of significant discretion and degree of actual historical change. Grading will be based primarily on three papers of roughly 2,500 words each (60%), as well classroom participation (40%). UPPER-CLASS WRITING REQUIREMENT: With the instructor’s permission, a single research paper (6,000 words) can be written in lieu of the short papers to satisfy the 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 918: Compliance & Risk Management in Global Commerce
  This course provides a deep dive into compliance with the U.S. and international laws and regulations governing risk management in global business. The need for compliance professionals across the globe has never been greater. We will study Anti-Money Laundering and Sanctions regimes, and examine the requirements for a best-in-class compliance program. The course will highlight compliance obligations of global corporations and financial institutions, starting with senior management commitment, the role of in-house counsel, compliance officer and outside counsel when implementing new regulations, remediating identified deficiencies, launching new products or taking steps to leading organizational transformation, including focus on FinTech, payments, digital assets/blockchain and role/impact of the Artificial Intelligence component. The laws and regulations in scope will include, among others, the Bank Secrecy Act, the USA PATRIOT Act, OFAC sanctions regulations, the European Union Anti-Money Laundering Directives, US Export Administration Regulations, as applicable, as well as pertinent aspects of the Virtual Assets Regulatory Authority regulations as one of the case studies in the evolution of a global regulatory regime.
• LAW JD 919: WHISTLEBLOWER LAW
  Whistleblowing has become a frequent topic in the news around law and politics. What exactly is it, and what laws govern it? Who represents whistleblowers, and what is there to know about lawyering in this space? This course will examine federal (and some state) laws that protect and incentivize whistleblowers to provide information and assist in the enforcement of laws prohibiting fraud and misfeasance in both the public and private sectors. It will cover both the substantive law as well as the practical aspects of lawyering in this field. There are two types of whistleblower laws, and the seminar will cover both: 1) laws which protect whistleblowers inside and outside of government from retaliation by their employers for having engaged in protected activity, and 2) laws which provide financial incentives to whistleblowers for reporting fraud against the government, or fraud in the securities and commodities markets. Each student will write a paper based on a whistleblower case and will be encouraged to interview one or more whistleblowers who have gone through the experience and/or whistleblower attorneys who have a substantial practice in this area. Alternatively, students who express a particular interest in an area relevant to the course may get permission to explore that topic in their paper. There is no examination in this course; the grade is based on the paper and the students' participation in the class discussions UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class 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.