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 965: Civil Litigation and Justice Program A2J Skills 2
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Access to Justice Clinic of the Civil Litigation and Justice Program. This seminar continues the coursework of the fall semester in examining the larger societal context of students' fieldwork representing poverty-law clients in family, housing, employment, and disability cases. Students will actively analyze and address the intersections of the legal system with the multiple systemic barriers their clients face (e.g., gender, race, class, disability). In addition to the skills and legal knowledge relevant to representation of clinic clients, seminar discussions and projects will focus on proposed solutions to the systemic challenges faced by those clients, and situate them within current theories of law as a tool for social justice. 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 966: Gender, Law and Policy
  This seminar provides students a chance to study contemporary issues of gender, law, and policy through the format of a series of presentations of works-in-progress by legal scholars actively engaged in new and important research on such issues. Many legal and social problems implicate gender and gender equality. Gender remains a significant category of analysis in numerous substantive areas of law. Gender equality is also a commitment of domestic law and international human rights law, but gender inequality persists. Gender scholars highlight the need for an intersectional approach to gender, even as some scholars question the continuing use of gender and other identity categories in law and policy. In alternating weeks, when there is no outside speaker, the instructor and students will discuss the paper that to be delivered the following week, as well as relevant background reading. Topics vary from year to year, depending on the speakers, but have included: anti-discrimination law, criminal law, elder law, employment law (including sexual harassment law), First Amendment (speech and religion and objections to antidiscrimination law), gender identity issues (including transgender rights), health law, international human rights, the intersection of race and gender, law and sexuality, privacy law, reproductive justice, health, and rights, and gender-based violence. Students will write a short reflection paper on each scholarly paper and one longer paper (10-12 pages) about one or more of the seven works. Interested faculty are invited to attend sessions when speakers present their work. UPPER-CLASS WRITING REQUIREMENT: With the instructor’s permission, the longer paper written for this class may be used to partially 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, 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 967: Civil Litigation Clinic: Pretrial Advocacy
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation Clinic. Pretrial Advocacy is the companion fall classroom component for students in the Civil Litigation Clinic. Classes are devoted to learning the theories of practice for use in the field, reinforced by activities and simulations in which students practice skills through role play. PRE/CO-REQUISITES: Evidence and Professional Responsibility. NOTE: Students who enroll in this component of the clinic may count the credits towards the 6 credit Experiential Learning requirement. It may not be used to satisfy more than one requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 968: IMMIGRATION LAW
  This class will cover the immigration laws of the United States, including the administrative and regulatory framework of the United States agencies charged with enforcing U.S. immigration laws. The topics covered by this course include the power of the Congress to regulate immigration; the effect of politics on immigration policy; nonimmigrant and immigrant visa classifications; the law of asylum; the intersection of immigration law and criminal law; grounds of removal from the United States; relief from deportation, immigration court representation and access to justice; and the law of naturalization and derived citizenship.
• LAW JD 969: LAW AND REGULATION OF CANNABIS
  This seminar will examine the burgeoning field of law surrounding the use, sale, and production of cannabis. Possible topics include federal versus state power to regulate cannabis, the substantive criminal laws regarding cannabis, and a variety of other issues such as banking, tax, and environmental laws that impact the cannabis industry in the United States. UPPER-CLASS WRITING REQUIREMENT: This class may be used 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 (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 970: MASS INEQUALITY & SOCIAL TRAUMA
  This interdisciplinary seminar offers a deep exploration of large-scale forms of inequality, the social trauma they create, and the possibility of legal and political solutions. A persistent difficulty in American culture and jurisprudence is a refusal to conceive of structural and intergenerational harms against disfavored groups. The goal is to not only find conceptions of equality that might be suitable, but also to reason from injustice to justice. Special attention will be paid to connections between inequality and the political economy. Among the historical episodes to be discussed: Reconstruction as a missed opportunity at transitional justice; the expulsions of Chinese migrants and their families from the West Coast; white riots and other forms of terror visited upon freed persons and their allies; the shame and silence that surrounded the internment of Japanese Americans; the policy of separating migrant children from parents; and periodic roundups of the poor. UPPER-CLASS WRITING REQUIREMENT: This class may not be used 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 (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 974: Civil Litigation: Trial Ad
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation and Justice Program. Trial Advocacy is the companion spring classroom component for students in the Civil Litigation and Justice Program IRL and spring ERC clinics. Trial Advocacy is taught in groups of roughly 14 students with two clinical professors per group. Classes are devoted to learning the theories of practice for use in the field, reinforced by activities and simulations in which students practice skills through role play. NOTE: This course does not count towards the Professional Responsibility requirement. 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 975: International Human Rights Clinic
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the International Human Rights Clinic. Students in the Clinic work on policy issues on behalf of institutional clients that represent refugees, forced migrants, immigrants, and stateless persons. Students work on long-term human rights projects such as: working with NGOs in advocacy in the UN human rights system or in regional organs (e.g. Inter-American and European human rights bodies); advocating for durable solutions to statelessness and citizenship deprivation in the Middle East; and organizing workshops and presentations to major stakeholders around the world. Students conduct legal and factual research and outreach to partners and project strategy development, and prepare written reports and submissions to international and regional agencies. The clinic fieldwork may include international travel. PRE/CO-REQUISITE: International Human Rights (LAW JD 991). NOTE: The International Human Rights Clinic counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 978: Role of In-House Counsel
  Practicing law in-house is often done at the tension point of enterprise growth and risk mitigation. This course explores the unique aspects of working as a lawyer within an organization's internal legal department. In order to provide a realistic appreciation and understanding of the role of in-house counsel, the course will utilize scenario-based group tutorials and simulations in which students will act as in-house counsel for a fictitious company in a specific industry. Areas covered may include contractual and employment matters, regulatory, compliance, internal investigations, enterprise risk questions and advising the Board of Directors and senior management. While the course will involve the substantive law of various areas relevant to the fictitious company's business and operations, the focus of the course will be on practicing and building lawyering skills that are critical for effective and ethical in-house practice. These include identifying and analyzing legally viable alternatives, and making recommendations, for the company to pursue to carry-out its business strategy and mitigate risks, as well as written and oral communications and presentations reflecting the same. As an overarching theme, the course will consider how to balance the important role of lawyer and trusted business advisor with the backdrop of the ever-present ethical and reputational considerations of the enterprise. This course is designed to provide students with practical skills (as well as opportunities to use and apply them) as they learn to identify and navigate the day-to-day challenges of the modern corporate counsel. Grades in the course will be based on scenario-based responses (presentation and/or written), a collaborative final group presentation, and in-class participation. CLASS SIZE: Limited to 12 students. NOTE: This course counts toward the 6 credit Experiential Learning requirement. 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 course. Students who are on the wait list are required to attend the first class to be considered for enrollment. Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course normally does not accommodate flexibility in attendance.
• LAW JD 980: INTERNATIONAL ARBITRATION
  This class is intended to introduce students to the key legal and practical issues encountered when resolving disputes through international arbitration. Arbitration is a private means of dispute resolution where the parties agree to be bound by the decision of an arbitrator of their choice, whose decision in a final award has the same legal force as a court judgment or order. International arbitration is the main form of dispute resolution relating to cross-border commercial disputes and is also sometimes used in public international law contexts involving governments. This course will explore both doctrinal issues--such as what constitutes 'consent' to arbitrate and the relationship between international tribunals, who adjudicate the disputes, and national courts, who compel arbitration and enforce (or void) arbitral decisions--and policy debates, such as what issues are appropriate for resolution by private arbitrators rather than judges and the social ramifications of the lack of transparency in arbitration. There will be a skills component, including hands-on exercises such as roleplays, oral advocacy, and drafting arbitration clauses. PREREQUISITE: Students must have taken a course (any course) in international law (knowledge of the foundations of international law, e.g. what is a treaty, will be presumed). 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 981: Criminal Trial Advocacy
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. This course meets in the fall and is mandatory for all 2L students in the Criminal Law Clinical Program. Criminal Trial Advocacy focuses on teaching courtroom skills in the context of criminal trial litigation. NOTE: The Criminal Law Clinical Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 982: Criminal Trial Practice I
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice I is mandatory for students before advancing to CTP2. 2Ls take the course fall or spring, as determined in consultation with the Director of the Criminal Law Clinical Program upon acceptance to the Program. 3Ls take the course in the fall. The course consists of a fieldwork and classroom component. The classroom component provides students with an introduction to Massachusetts criminal procedure and basic instruction in lawyering skills such as case planning and investigation. For their fieldwork, students are assigned to cases handled by senior members of the Program and conduct tasks out of court such as legal research, fact investigation, witness interviews and preparation. Students spend one morning a week in court observing and second-seating the cases they have helped to prepare. Students will receive more information about which morning they must have available for court before they must register for all courses. NOTE: The Criminal Law Clinical Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 984: Professional Responsibility
  Chatman/Donweber: This course offers an approach to the lawyer's responsibilities to clients, the profession, and the public. Topics addressed will be problems of disclosure, conflict of interest, advertising, adversary tactics, competence, attorney fees, and fiduciary duties. Cunha: The goals of the Professional Responsibility course are first and foremost to give you a good working knowledge of the Rules of Professional Conduct for lawyers, how those rules have been interpreted by the ABA and State Disciplinary Boards, and how those rules are likely to be applied in real-world practice settings confronted by attorneys on a daily basis. This course will enable you not only to research, locate, interpret and apply the relevant legal standard, but also to give you the analytical tools necessary to handle the tough ethical dilemmas you may encounter in your own practice. Through the readings, class discussions and guest speakers, the course will provide you an ethical “toolbox” to supplement the positive law, in order to assist you in constructing ethical and moral arguments and navigating ethical dilemmas not explicitly addressed by the attorney discipline rules. NOTE: This course satisfies the upper-class Professional Responsibility requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 985: CORPORATE FINANCE
  Graduate Prerequisites: CORPORATIONS - This course covers the foundations of corporate finance. It starts with the concepts of time value of money, discounting, and present value. With that background it then considers the major financial decisions made by corporate managers. Topics include the valuation of financial assets and liabilities, criteria for making investment decisions, business valuation, relationships between risk and return, portfolio theory, market efficiency, capital structure choice, and cost of capital. PREREQUISITE: Business Fundamentals, Corporations.
• LAW JD 986: Lawyering Fellows
  This class is restricted to students who have applied and been accepted as Lawyering Fellows. Accepted students must register for both the fall and spring sections of the class.
• LAW JD 988: MERGERS & ACQUISITIONS
  This course will cover the principal legal, tax and business issues of mergers and acquisitions. PREREQUISITE: Business Fundamentals and Corporations, or permission of instructor.
• LAW JD 990: Feminist Jurisprudence
  This seminar examines the development of feminist jurisprudence (also called feminist legal theory) and its critique of the U.S. legal system and its norms. It also includes some consideration of global feminism. The seminar takes up various debates within feminist jurisprudence and examines its application to many contemporary issues of law and public policy. The seminar provides an introduction to the various "generations" of feminist legal theory. Students will learn about prominent strands of feminist legal theory, including liberal (or sameness), relational (or difference), radical (or dominance), Critical Race (or intersectional) and anti-essentialist, postmodern, and "Third Wave" feminism. We will consider the relationship between social movements for equality and the development of feminist legal theory. Students will gain familiarity with the relationship between feminist jurisprudence and other forms of critical theory, such as masculinities theory, Queer Theory, and transgender theory. The seminar will assess debates within feminist jurisprudence concerning how best to understand gender, the ideals of sex equality and equal citizenship, questions of sameness and difference between women and men, and over whether it is desirable or possible to speak about "women" -- or "men" -- as meaningful categories, in view of differences based on class, ethnicity, race, gender identity, and sexual orientation and in view of critiques of identity categories. Topics covered vary, depending on student interest, but typically include some of the following: formal and substantive equality; antiracist feminism; legal regulation of sexuality, pregnancy, reproduction, family, and marriage; work/life issues; employment discrimination (including sexual harassment); gender and political leadership and representation; pornography; social welfare policy; violence against women; war and military service; and global feminism and international human rights. Students may write a research paper or two shorter papers. Either of these writing options may satisfy the Upper-class Writing requirement. Some short reflection papers are also required. *** This seminar is one of the required courses for the Reproductive Justice and Rights track within the Health Law Concentration. 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 991: INTERNATIONAL HUMAN RIGHTS
  This is an introductory seminar to international human rights law. The class will introduce students to the concepts of human rights, and the legal texts that have codified and provided content to those concepts in the last seventy years. The class aims to work at three levels: to examine the role of human rights (law) in history and politics; to analyze the doctrine of international human rights law; to introduce key areas of current and future human rights practice. We will accordingly look at the historical evolution and political role of human rights law, and ask whether there is such a thing as universal human rights, or whether the concepts are dependent on specific regions, cultures and political systems. We will look at the key institutions and mechanisms, at the global and regional level, for the monitoring and enforcement of human rights law. We will analyze the law on specific rights (for example the right to life, the prohibition of torture, the right to self-determination) as well as in specific contexts and themes (for example human rights and climate change; business and human rights) to understand the reach and function of human rights law in the international system. 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 992: FOREIGN RELATIONS LAW
  Graduate Prerequisites: HEALTH LAW (LAW JD867) PUBLIC HEALTH LAW (JD 926) OR PUBLIC HEALTH LAW (SPH LW751) - This course will introduce the framework of constitutional, statutory, and international law that both authorizes and constrains the conduct of U.S. foreign affairs. After studying the constitutional allocation of foreign affairs powers among the branches of the federal government and the foundations of the government's national security powers, the course will turn to discrete topics of contemporary relevance, including the power and limits of judicial authority in foreign affairs; treaties and other international agreements; customary international law's status in the U.S. legal system; foreign affairs powers retained by the several states; the application of the Constitution to persons and incidents abroad; war powers; covert action; the detention, interrogation, and trial of terrorists and other irregular combatants, before courts and military commissions; targeted killing; torture and other coercive interrogation; and the protection of individual liberties and civil rights in wartime. Grading will be based on a twenty-four hour take-home final. RESTRICTION: Students who have previously enrolled in National Security Law (JD890) may not register for this course.
• LAW JD 996: INTERNATIONAL CRIMINAL LAW
  This class will focus chiefly on the crimes for which individuals incur criminal liability directly under contemporary international law. We will cover, in particular, (i) what crimes qualify as international in this sense, general principles of international criminal jurisdiction and immunities, and the historical evolution of the field from its genesis after World War I to Nuremberg to the permanent International Criminal Court established in 2002; (ii) treaty provisions, statutes, and tribunal jurisprudence defining the nature and scope of liability for core international crimes, viz., genocide, crimes against humanity, and war crimes; (iii) modern debates over other, and at times more controversial, international crimes, such as torture and CIDT, as well as the crime of aggression; (iv) the minimal requirements and forms of individual criminal responsibility under international law; and (v) selected special topics, including the principle of legality, head of state immunity, and crimes of sexual violence. LIMITED WRITING REQUIREMENT OPTION: A limited number of students will be permitted to satisfy the upper-class writing requirement with this seminar after consultation with the instructor. ** 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.