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 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 surveys the legal system of the People’s Republic of China, using China as a vehicle to explore and understand broader questions about law and legal comparison. Topics covered include China’s basic political and economic structure, courts and dispute resolution, and selected topics in constitutional law, property law, corporate law, data regulation, foreign investment, trade, and international law. The seminar is designed to be accessible to all students, including those without prior knowledge of China, who are interested in understanding the legal dynamics of an increasingly important global power. 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.
• LAW JD 920: American Indian Law
  This seminar will explore the Constitutional and statutory law related to Native Americans, Indian reservations, and tribal governments. The seminar will examine the historical foundations of Indian law and the current legal structures that govern the relationship between the United States and tribal nations. Students will spend significant time on issues surrounding tribal sovereignty, traditional cultural practices, self-determination, and social justice. Students will gain an understanding of the basis for modern Indian law and the complex legal issues facing native communities in the United States and abroad. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. ** 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 921: Negotiation
  The goal of this course is to improve your effectiveness as a negotiator. In this highly interactive class, students will examine negotiation from a variety of perspectives and learn specific negotiation strategies and tactics. Over the course of the semester, students will engage in a series of negotiation exercises (i.e., role plays) through which they can develop and hone their negotiation skills and approaches. Discussion and short lectures will accompany the role-plays, as appropriate. There will be short written assignments as well as a longer paper due at the end of the semester. No final exam. ENROLLMENT LIMIT: 16 students. NOTE: This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. RESTRICTION: Students may not enroll in both Negotiation and Alternative Dispute Resolution (JD881).
• LAW JD 922: Advanced Evidence and Advocacy
  This course teaches students evidence at an advanced level through student exercises simulating courtroom presentations. This is simulation course and the emphasis is on performance and feedback in order to integrate legal evidence theory with the professional skills students need to advocate for their future clients. After evidence related exercises, students will engage in self-critique and will also receive feedback from fellow classmates and the instructor. The instructor will utilize the student exercises to teach the law of evidence at a level beyond the introductory evidence course and advocacy skills. Class discussion and exercises will provide opportunities to improve trial and advocacy skills, recognize and address ethical issues, and consider broad societal questions. Exercises may include the following: a motion in limine concerning prior bad acts evidence, a voir dire on an issue of rape shield, or a Daubert hearing concerning expert testimony on causation in a toxic tort case. PREREQUISITE: Evidence. NOTE: This course counts towards the 6-credit experiential learning requirement.
• LAW JD 924: Legal Externship Program: Fieldwork
  This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students receive credit for working in the legal department of a non-profit, government agency, judicial placement, private company, or at a law firm. 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 towards the 6 credit Experiential Learning requirement. COREQUISITE: Legal Externship Program: Legal Ethics (JD 925).
• LAW JD 925: Legal Externship Program: Legal Ethics
  This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is the companion academic component for students enrolled in the Legal Externship Program: Fieldwork course. This two-hour weekly seminar satisfies the Professional Responsibility course requirement. It examines legal practice and the ethics of lawyering, including conflicts of interest, competency, confidentiality, pro bono obligations, special ethical obligations of government and in-house attorneys, and ethical billing. The seminar requires students to write a final paper and make a class presentation based on the paper. In addition, each student keeps a reflective journal chronicling their educational experience and reactions to the practice of law observed at the field placement. NOTE: Students who enroll in this seminar may satisfy the Professional Responsibility requirement or count the credits towards the 6 credit Experiential Learning requirement. The seminar may not be used to satisfy more than one requirement. (The fieldwork component counts towards the 6 credit Experiential Learning requirement.) COREQUISITE: Legal Externship Program: Fieldwork (JD 924). GRADING NOTICE: This class does not offer the CR/NC/H option.
• LAW JD 926: Public Health Law
  Public health seeks to prevent unnecessary illness, injury, and death, which law can either facilitate or thwart. The field is transforming from state programs that prevent disease in populations (e.g., vaccination, newborn screening) to federal and international efforts to broadly recognize a population and individual "right to health." This course explores contemporary examples of public health problems such as disasters and emergencies, firearms regulation, regulating commercial speech to prevent consumer deception, and reproductive health. The course offers a framework for identifying and controlling health risks drawing on principles and theories of law, assessment of risk, policy evaluation, and empirical evidence. We will consider how laws at the state and federal levels regulate personal behaviors and products as well as impact the underlying determinants of health. Students will analyze different legal strategies that can be used to guide public health such as governmental nudges through funding, criminal and civil prohibitions, data collection and privacy, marketing restrictions, and taxation.
• LAW JD 927: International Law
  Sloane: This course will offer a survey of contemporary international law. We will consider both the classical law of nations and postwar developments, which have shifted the fulcrum of the international legal system from a relatively exclusive focus on the rights and duties of states inter se (as between themselves) to a broader focus on all of the participants in the contemporary international legal process—not only nation-states. Nation-states remain the chief actor in international law, but since the nineteenth-century, the amount and more frequent resort to law has led to both new substantive norms (doctrinally) and many new institutions and participants that’re also subject to international law, e.g., non-governmental organizations (NGOs), multinational enterprises of all kinds (MNEs), terrorist networks, criminal syndicates, and, above all, individuals, which in turn has led to int’l law’s effort to create and abide by a specific set of human rights. Specific topics may include (1) the history, nature, and sources of international law; (2) the establishment, transformation, and termination of states and other international legal participants; (3) national incorporation of international law, with a focus on core concepts of U.S. foreign relations law; (4) international law’s allocation of jurisdiction to make and apply law, as well as selected immunities conferred by international law; (5) international law’s effort to protect human dignity through fields such as international human rights, the law of war, and international criminal law; (6) control and regulation of the resources of the planet, with a focus on the law of the sea as a prominent example; and (7) the use of force. George: This course will offer a basic survey of contemporary international law. It will teach students about the major issues of public international law and policy that influence current events, with an eye to both legal theory and modern legal practice. Specific topics will include: (i) the history, theory, and nature of international law; (ii) the sources of international law; (iii) the "actors" of international law -- states, international organizations (with emphasis on the U.N. system); (iv) the domestic incorporation of international law, with a focus on key concepts of U.S. foreign relations law; (v) international human rights; (vi) the use of force; and (vii) humanitarian law.
• LAW JD 928: Life as a Life Science General Counsel
  This is a 2-credit graded course for students who want to increase their understanding of the roles and responsibilities of a general counsel in the life sciences industry. The course will cover the substantive and/or doctrinal aspects of key areas of law in order to facilitate students' understanding of the general counsel's role in leading a company's legal function and advising key stakeholders, such as the board of directors and the CEO. The course will also orient students to the work environment in a large global enterprise and will cover the role of the general counsel in leading the company through the significant changes resulting from the new U.S. administration and the global response to those changes. Although the principles and concepts covered in this course will be generally applicable to most industries, the course will be taught through the lens of the life sciences industry. To facilitate discussion and dialogue, the class will be limited to 12 students. Planned guest speakers include a CEO and a member of the board of directors of a public company. Grading will be based on engagement (class participation and overall contributions to the classroom environment), a written memorandum to a "CEO" and an oral presentation to a "board of directors."
• LAW JD 929: Copyright
  This course will give you an introduction to copyright, including a foundation in the theories underlying copyright law, an understanding of the current contours of copyright protection, the basic elements of proving infringement, the fair use defense to and remedies for infringement, and familiarity with related forms of liability such as contributory and vicarious liability. Each class meeting will consist of a combination of lecture and class discussion. Our discussions will focus on discussion of the reading ¿ including cases and policies ¿ and applying the reading to new scenarios. We'll work through hypotheticals based on real-world examples and explore scenarios that will require you to think from a variety of different perspectives. Grading will be based on class participation, including problem sets and hypotheticals worked on in groups, and a 3-hour, closed book, final exam.
• LAW JD 932: Admiralty & Maritime Law
  Admiralty and maritime cases comprise a significant portion of the case load of federal courts located near U.S. ports. Clerks for judges in those courts should have an understanding of this law. In addition, lawyers who handle international transactions will likely encounter admiralty and maritime issues even if they do not specialize in that practice; the practice of admiralty and maritime law is by nature international. Admiralty and maritime practitioners work with lawyers and clients from many nations and travel often to those nations; in the process they become part of a collegial group of practitioners who know and trust each other. The course will examine admiralty jurisdiction of the federal and state courts as well as oft litigated choice of law and choice of forum issues. Our examination of the substantive areas of admiralty and maritime law—including the international and domestic multimodal carriage of goods, charter parties (contracts to use an entire ship or part of a ship), salvage, towing, pilotage, collision, stranding, general average, and personal injury—will show how they fit together and affect one another. We shall also examine ship mortgages and marine insurance and the possible effects of the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules) a new treaty, not yet ratified by the United States. Finally, students in this course who satisfy the Stone Moot Court pre-requisite may apply for membership on the team for the national Judge John R. Brown Admiralty Moot Court Competition, which will be held in Charleston, South Carolina from March 26 to 28,2026 and which typically involves issues ripe for Supreme Court review. OFFERING PATTERN: This class may not be offered every year. It will be offered this year if 5 or more students register for it. Students are advised to take this fact into account when planning their long term schedule.
• LAW JD 933: Patent Trial Advocacy
  This course introduces the student to the structure of the patent trial process and the skills used by patent trial lawyers. This is a simulation course. Students will act as trial counsel in a federal civil action. The case will model a hypothetical patent case, from filing of the complaint to trial. The students will simulate motion practice, claim construction, depositions, as well as trial. The course will include some substantive instruction on patent law, but the focus of the course will be on experiential learning. Students will receive instruction on general litigation techniques relevant to presenting complex science and technologies to a judge or fact-finder. For example, students will learn how to utilize technology to facilitate their presentations during oral argument and in examining witnesses (e.g., through use of demonstratives). Students do not need to have a background in science or technology. Similarly, students do not need to have taken prior coursework in patent law. Enrollment will be limited to 12 students, who will be divided into plaintiff and defendant teams. Grades will be individualized and based on the following: participation in class discussion, simulations, and workshops; motion to dismiss argument; claim construction argument; deposition; and trial. PREREQUISITE Evidence (may be a corequisite for 3Ls). RECOMMENDED COURSES: Patent Law, Patent Litigation NOTE: This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option.
• LAW JD 934: INFORMATION RISK MANAGEMENT
  Businesses and organizations handle information every day to conduct business, process transactions, and deliver goods and services. They do so in the context of legal, regulatory, and contractual obligations relating to their possession and use of this information. In the age of "Big Data" and "Advanced Persistent Threats," these entities can no longer focus solely on developing and implementing procedures to govern information processing. Instead, they must implement governance that allows for the optimization of risk while facilitating core management decision making in order to create real value. This is the new world of "knowledge governance." Legal counsel must ensure compliance with the legal and core requirements for security, privacy and data breach prevention, in a way that aligns with the strategic objectives of their firm. Designing a robust compliance program is a critical part of this task, but the big-data environment requires skills that go beyond devising a formal compliance program. In particular, lawyers operating in this environment must consider the value of data and information, understand the nature of their organization's collection, use, and disclosure of that data, and appreciate the relationship between risk optimization and their organization's strategic objectives. This course will explore the lawyer's role in devising and implementing a policy and culture of knowledge governance within a firm. It will focus on information, especially personal information. It will introduce students to the core principles of information risk management -- the privacy attributes of collection, use, and disclosure married with the security concepts of confidentiality, integrity, and availability -- while providing a framework for governance around information risk management. This course will also serve in part as preparation for the International Association of Privacy Professionals (IAPP). 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 935: AFFORDABLE HOUSING LAW
  The seminar will evaluate the current affordable housing crisis and the ways in which it has been influenced by significant events, including population growth pressures, the Great Migration, the 1918 Flu Pandemic, the spread of zoning in the 1920s, race-based restrictive housing covenants, red-lining, rent control and other topics. The course will examine the impact of racism, casteism and economic discrimination on housing law and the permitting, financing and taxation of housing by reviewing the relevant decisional law, local, state and federal regulations and statutes and housing policy reports and articles. The affordable housing crisis will be examined from the perspectives of the individuals who need affordable housing, the individuals who oppose affordable housing being built near them, the developers who design and build housing, the local officials who perform the permitting and the state and federal officials who create and enforce the regulatory, statutory and tax schemes that mold how affordable housing is created. A 15-20 page term paper will be required that examines one or more aspects of affordable housing law, with a variety of potential topics to be offered at the outset of the course. 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.
• LAW JD 936: International Development and Project Finance
  Over the last 40 years, financially-constrained governments in both developed and developing nations have increasingly turned to the private sector to develop, finance, build and operate essential infrastructure projects, including electricity and natural gas networks, renewable and conventional power generation projects, airports, toll roads, liquified natural gas facilities, sports stadia, hospitals, student housing and others. The private sector¿s preferred financing solution for the hundreds of billions of dollars a year in necessary infrastructure projects is non-recourse ¿project finance¿, under which individual or limited groups of projects are financed on a standalone basis, relying solely on the economic potential of the project to repay lenders and equity investors. Project finance is a multidisciplinary practice area covering corporate law, securities law, contract law, construction law, insurance law, secured lending and banking laws, regulatory laws and policies, environmental law, real estate law, and tax law among others. Project finance is increasingly affected and driven by environmental, social and governance issues, including climate change. This seminar will examine both the norms and conventions of project finance and emerging trends in project finance practice, including sources of capital, the role of government and the role of E.S.G. The seminar will analyze and evaluate a hypothetical project throughout the year. We will look at the lifecycle of the project, from conception, permitting and development, financing, construction through operation, including what happens when projects go bad. Our emphasis will be on typical projects that business lawyers may encounter. A final ¿Client Memorandum¿ of 6,000-7,000 words outlining key issues and risks in the hypothetical project and recommending solutions will be required in lieu of an examination. 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.