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 BK 945: Cybersecurity and Privacy
  This course provides an overview of cybersecurity including common terms, policy, strategy, operations, remediation, vulnerabilities, threats, and federal and state statutes and regulations as these pertain to financial services and banking. The cybersecurity triad of Confidentiality, Integrity, and Availability (CIA) and Privacy are covered from the perspective of the Board of Directors, Risk Management Committees, Chief Risk Officers, Chief Information Security Officers, Clients, Regulators, and others. Common Cybersecurity Frameworks such as National Institute for Science and Technology (NIST), Center for Internet Security (CIS), Assessments and Reports, Techniques for Mitigation (outsourcing, cyber-insurance), are covered. Federal and State Statutory and Regulatory compliance are covered including Graham Leach Bliley (GLBA) Sarbanes-Oxley, Payment Card Industry (PCI), and jurisdictions of Massachusetts, New York, and California. NIST pillars shall be reviewed, emerging standards, applicability to businesses, supply chains, and responsibilities of boards, senior executives, management, and the CISO. The Role of the CISO, CRO, legal counsels, and other parties shall be discussed including new assessment and reporting requirements. JD students are not permitted to enroll in the online (OL) section of any Banking course.
• LAW BK 951: Payment Systems
  The modern businesses of banking, fintech, and financial services are, to a very large extent, focused on the technology and media of payments (transfers of value) between persons and/or entities. These payments can be made from person to person (P2P), business to business (B2B), customer to business (C2B), business to customer (B2C), person to government (P2G), government to person (G2P), or government to government (G2G). The technologies and media of exchange have grown from cash and checks to blockchain and biometrics. Visa, Mastercard, American Express, Venmo, Paypal, GooglePay, ApplePay, FedNow, Swift, ACH, SEPA, Bitcoin, USDC, and many others - all are ways to transfer value between different parties. These discrete payment systems, and the transmission of payments between the parties involved, are governed by separate and distinct practices and protocols ("rails"), which are embodied, to an ever greater extent, in agreements, terms and conditions of use, laws, rules, regulations, and guidelines. From various Credit Card Network rules to NACHA Operating Rules, ETA Guidelines, PCI DSS, the Electronic Funds Transfer Act, UDAAP, FinCEN Prepaid Access Rule, state Money Transmitter laws, NY Bitlicense, and countless others - there is a lot to unpack and understand. This course provides an introduction to how those payments systems operate and the separate rules, regulations, agreements, customs and practices that govern them. JD students are not permitted to enroll in the online (OL) section of any Banking course.
• LAW BK 955: Securities Regulation
  A survey and analysis of key problems arising under the Securities Act of 1933, the Securities Exchange Act of 1934, and the rules promulgated thereunder. These problems include the form and content of registration statements under the 1933 Act, liabilities of persons designated in Section 11 and 12 of the 1933 Act, the form and content of a typical Balance Sheet and Profit and Loss Statement, processing a registration statement, exemptions under the 1933 Act, the underwriter's liability, the control person's "distribution;" regulation of securities exchanges and broker- dealers, manipulation, stabilization, and "Hot Issues;" tender offers; and civil liabilities under rule 10b-5, section 14(a), and Section 16(b) of the 1934 Act. JD students are not permitted to enroll in the online (OL) section of any Banking course.
• LAW BK 957: Intro to Project Finance
  This course focuses on the structure, documentation and negotiation of a typical project finance transaction. The class will explore legal, financial, and policy problems involved in investing in domestic and cross- border power and infrastructure projects. We will focus on strategies and techniques of structuring and financing such investments, and will touch upon the legal and regulatory environment for investment, and in the context of foreign investment, the role of political risk management and the implications of treaties, conventions, and other relevant law. Selected domestic and cross- border investment transactions, both actual and hypothetical, will be used to illustrate recurring issues. This course may contain a graded group drafting component where students draft and negotiate a loan agreement. JD students are not permitted to enroll in the online (OL) section of any Banking course.
• LAW BK 958: Transnational Lending
  This course examines legal issues arising in debt financing provided by financial institutions in international markets. The structure of transnational loan agreements, guarantees, letters of credit, participation and loan sales transactions, and basic instruments and documents common to trade financing are examined. The nature of the documentation and techniques used in such transactions, as well as regulatory patterns, legal problems and international law reform efforts, are studied. The course also covers issues related to the syndication of debt financing transactions, governing law, and creditor remedies. JD students are not permitted to enroll in the online (OL) section of any Banking course.
• LAW BK 971: Financial Crisis to Fintech
  The landscape of the financial system is defined by crises and the responses to those crises. Whether it is the Panic of 1907 that let to the creation of the Federal Reserve, the Great Depression that produced the Glass Steagall Act, or the Great Recession of 2008-09 that resulted in the Dodd Frank Act, one cannot appreciate the nuances of the financial system without an appreciation for how it was shaped. This course respects the significant role of history in shaping the current financial system. It is, however, in discussing current events in the context of that development that the course delivers the greatest value. Each student is expected to keep abreast of recent developments in the financial services industry and come to class prepared to discuss them. In this regard, something new is afoot today. It is called "fintech" or financial technology. Each crisis and each regulatory reaction call for financial institutions to be more highly regulated. This imposes additional costs on incumbent institutions. It also opens the door for the digitization of finance, new ways of making payments, and an opportunity for AI to be a substitute for the old ways of doing business. All this comes with considerable risk and opportunity. This course provides the student with a perspective on historical developments. For example, the origins of the Global Financial Crisis of 2008-09 are explored along with the extensive financial reform responses to the crisis be they legislative, regulatory or market- driven. The course has three parts: the Buildup, the Eye-of-the Storm, and the Response. In the first part, the causes of this and other financial crises are explored including the housing bubble, the development of the "shadow" financial system, new financial instruments, regulatory gaps and deregulation, monetary policies, compensation practices, accounting deficiencies, governance breakdowns, and more. In the second part, policy responses to the crisis are detailed such as: central bank liquidity facilities, government investment programs such as TARP, fiscal stimulus, stress-testing, enforcement actions and the lack thereof, and global coordination of responses. The critical role of Government Sponsored Enterprises, GSEs, is also explored. Finally, the course takes an analytical view of the reforms prompted by the crisis. These include various systemic risk measures, guidance from the G-20 and Financial Stability Board, Basel III, the treatment of home/host country issues, and the current state-of-play of the regulation of the derivatives marketplace. In each of these three parts, the role of fintech is discussed. This includes the topics of crypto, stablecoins, real time payments, asset digitization, and AI assisted credit underwriting. When the instructor believes an outside subject matter expert will enhance the discussion, he will call on qualified practitioners to participate. Students are expected to make their own presentations as well. JD students are not permitted to enroll in the online (OL) section of any Banking course.
• LAW BK 972: Secured Transactions
  Secured Transactions explores the "how-to's" of asset-based lending and, particularly, the way in which a lender or seller of commercial goods on credit protects its rights in the debtor's collateral under Article 9 of the Uniform Commercial Code and the U.S. Bankruptcy Code. The subject matter is approached from the perspective of practice skills in representing a lender and a commercial debtor. Students are responsible for case and problem recitation, as well as problem solving in a team environment. JD students are not permitted to enroll in the online (OL) section of any Banking course.
• LAW BK 983: Central Bks, Commercial Bks & Fin Markets
  This course introduces lawyers to the economics of financial markets and institutions. Emphasis is placed on the interaction of commercial banks, the Federal Reserve System, and monetary policy. Other topics include the characteristics of financial instruments (such as Treasury securities, corporate stocks and bonds, and secondary market mortgage-backed securities), how they are priced in the market, the factors determining the level and shape of the Treasury yield curve, and the relationship between commercial banking and the growth of the over-the-counter derivatives market. Course grades will be based on midterm and final examinations, and on written assignments. JD students are not permitted to enroll in the online (OL) section of any Banking course.
• LAW BK 987: Securitization
  Securitization constitutes one of the most dynamic segments of the financial markets and is one the principal sources of lower-cost non-dilutive liquidity in the world. Securitization involves the creation and issuance of notes or other forms of securities backed by one or more assets which generate cash flows sufficient to fund the timely payment of the principal and interest due on the securities. The securities are also usually issued by special-purpose bankruptcy-remote vehicles to insulate the assets from the risk of bankruptcy. This feature, combined with cash reserve accounts, overcollateralization and other features, achieves the "alchemy" of converting unrated assets into investment grade securities. These transactions often cut across many areas of legal specialization, including bank regulation, securities regulation, taxation, bankruptcy, and real estate and corporate law. In addition to teaching the elements of these various legal disciplines that are applied to securitization transactions, this course is unique among securitization courses offered at other law schools in the U.S. in that it involves the students in a series of real or hypothetical case studies that require the application of these legal disciplines to the process of structuring actual securitization transactions. In addition to residential and commercial mortgage-backed securities and trade receivable securitizations, this course also explores some of the more cutting-edge securitizations of more esoteric asset classes, including legal fees, patents, trademarks and copyrights, as well as securitization of whole businesses. The course also examines the role of the irresponsible use of securitization technology in the 2008 financial collapse and the reform measures that were adopted in response, as well as the emergence of "impact" securitization in the form of solar asset securitization and use of securitization to finance development of life-saving drugs. JD students are not permitted to enroll in the online (OL) section of any Banking course.
• LAW BK 988: Mergers & Acquisitions
  This course deals with key issues that arise in bank mergers and acquisitions. Business and transactional topics include: merger and acquisition strategies, deal structure and pricing, hostile takeovers and defenses, duties of directors, disclosure obligations, due diligence, mergers of equals, social issues, tax considerations, and accounting issues. Regulatory topics include: federal and state approval processes, regulatory considerations in the structuring of transactions, antitrust considerations, interstate banking issues, the Community Reinvestment Act, thrift and other nonbank acquisitions, Glass-Steagall and Bank Holding Company Act issues, and cross- industry transactions. JD students are not permitted to enroll in the online (OL) section of any Banking course.
• LAW BK 991: Commercial Lending
  This course studies the legal issues involved in negotiating and documenting various types of commercial lending transactions ranging from short-term unsecured loans to secured and long-term financings. The process is followed from the initial identification of a lending opportunity to pre-commitment correspondence and commitment letters, through to the key documents required at closing. The major aspects of a loan agreement, including definitional provisions, representations and warranties, lending provisions, pricing, affirmative and negative covenants, and events of defaults are studied in detail in an effort to ensure that students understand the mechanics of a commercial loan agreement. Security interests in real estate and personal property are addressed. Loan syndications and the loan markets are examined. Issues relating to guaranties and subordination agreements are considered. Overviews of Chapter 11 bankruptcy and lender liability are provided. A lecture and discussion format is employed. JD students are not permitted to enroll in the online (OL) section of any Banking course.
• LAW BK 995: Consumer Financial Services
  This class presents an overview of the laws relating to traditional and innovative consumer financial products and services, including the impact of the new consumer protection provisions of the Dodd-Frank banking law on creditors and consumers. The course focuses on federal consumer financial laws governing installment, revolving, and real estate lending, credit and debit cards; and ATM networks, point of sale payment systems, home banking, stored value and prepaid cards; and other deposit and loan products and services. The course examines the design of retail financial products and considers operational issues, the regulatory framework, and consumer protection laws including The Consumer Financial Protection Act, Truth in Lending, Equal Credit Opportunity, Community Reinvestment Acts, and federal and state laws governing fair credit reporting, trade practices, usury, electronic funds transfers, and funds availability. JD students are not permitted to enroll in the online (OL) section of any Banking course.
• LAW JD 602: Lawyering Skills 1
  Provides training in legal research, legal writing, oral advocacy, client interviewing, and client counseling through simulations of real-world legal disputes.
• LAW JD 603: Lawyering Skills 2
  Provides training in legal research, legal writing, oral advocacy, client interviewing, and client counseling through simulations of real-world legal disputes.
• LAW JD 605: Business Fundamentals
  In order to graduate, students must fulfill the Business Fundamentals Requirement. This is accomplished by taking Introduction to Business Fundamentals, an online, self-paced, asynchronous program. The curriculum consists of modules covering business basics, corporate finance and financial accounting, including the following subjects: capital markets; the basics of financial reporting; balance sheets; income statements and cash flow; business forms and organizations; financing organizations; discounting; and calculating risk, return and valuation. Assessment is based on multiple choice exams. Students may opt-out of the course if they score an 84 or better on the pre-course exam. A score of 70 or better on the post-course exam, following successful completion of the course, is necessary to meet the requirement. GRADING NOTICE: This course awards no credits and is graded P/F. Students may enroll in the program for the fall, spring or summer semesters, but should complete the course by the conclusion of the fall semester of the 3L year.
• LAW JD 608: Bar Exam Skills
  Students in this course will learn and practice a specific set of skills and test-taking strategies with the goal of enhancing a student's ability to prepare for the July bar exam. It will introduce students to the content of the Uniform Bar Exam (UBE) and its three forms of questions, multiple choice, essay and performance test. The subject matter will be drawn from some of the most highly tested topics on the UBE, including criminal law, constitutional law and torts. The materials for this course are provided by Themis Bar Review. This course is for students who want an early start on their bar exam preparation or are particularly concerned about not passing the bar exam. This course is not a replacement for a commercial bar review program. The course consists of weekly in-person classes, assignments outside of class and a final exam. Course enrollment is limited to two sections, 25 students per section. Prerequisites: This class is restricted to graduating third-year JD students. GRADING NOTICE: This course will not offer the CR/NC/H option.
• LAW JD 673: Law & Algorithms
  This cross-cutting and interdisciplinary course, taught alongside a graduate-level course with BU's new faculty of Computing and Data Sciences, investigates the role that algorithms and automated decision-making systems play in law and society. The course connects legal and technical concepts of transparency, fairness, bias, privacy, and trust, though a series of case studies that present recent applications of technology to legal and regulatory situations and explore the challenges in regulating algorithms. Legal concepts explored will include evidence and expert witnesses, anti-discrimination law concepts of disparate impact and disparate treatment, sectoral information privacy regimes, and public access and transparency laws. Technical concepts explored will include artificial intelligence and machine learning, secure multi-party computation, differential privacy, and zero-knowledge proofs. Grades will be based on a series of assignments that correspond with each case study, to be completed collaboratively in mixed teams of law and computing/data science students. No prior technology experience is required. GRADING NOTICE: This class will not offer the CR/NC/H option.
• LAW JD 674: Intellectual Property and the Life Sciences
  This course will explore legal doctrines in intellectual property--particularly patent law--that shape innovation, research, and development in the life sciences. Students will be introduced to laws that influence decision makers in the life sciences and participate in a series of exercises to apply legal doctrines and understand the incentives and outcomes produced by the existing legal framework. Course topics include selecting drug candidates, IP licensing, material transfer agreements, how firms use IP to protect pharmaceuticals, the optimal timing of patent protection, building patent portfolios, regulatory exclusivity, Hatch-Waxman litigation (litigation between brand-name and generic drug companies), and generic drug development. The course will be a combination of lecture and in-class problem-solving exercises. There are no prerequisites for this class. UPPER-CLASS WRITING REQUIREMENT: All students may attempt to satisfy 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 675: Islamic Law
  This seminar introduces students to the sources, jurisprudential methodology, doctrines, actors and institutions, and operation of Islamic law from classical to modern times. Readings include primary sources--foundational texts, fatwas (legal opinions), case reports, and constitutional and statutory provisions--along with secondary sources that discuss the history and evolution of Islamic law, theories of Islamic legal interpretation, competing views of the meaning and application of Islamic law, and variations in the role Islamic law plays in the legal systems of today's Muslim-majority countries. Specific topics to be covered include: the roots of the law and the derivation of legal rules from those roots; the respective roles of scholars, judges, executive officials and other actors in determining and enforcing rules of Islamic law; judicial procedure and rules of evidence; reform and the reception of Western law in the 19th and 20th centuries; democracy, constitutionalism, and contemporary theories and forms of "Islamic" states; and Islamic law in the U.S. and other "non-Muslim" lands. Cases in criminal law, family law, Islamic finance, and other fields will provide opportunities for in-depth discussions of substantive Islamic law, and regular reference to both the common-law tradition and the modern American legal system will offer comparative perspectives. Grades will be based on class participation, short weekly writing assignments, and a take-home final examination paper. PREREQUISITE: None. No background in Islamic studies is required. UPPER-CLASS WRITING REQUIREMENT: This class does not satisfy the requirement. GRADING NOTICE: This class will not offer the CR/NC/H option.
• LAW JD 683: Compliance in Financial Service Co.
  This course will take students through the compliance mechanisms within financial organizations putting regulatory requirements into practice. The purpose of the class is to offer a fundamental preparation to the lawyer in a financial institution's legal department or a separate compliance department. This course covers the following: * The history of compliance * The interaction between business processes, legal requirements, and compliance. * The profession of financial compliance * The interaction of conflicts, risks and ethics * Defining best practice, business process, risk assessment and controls and their interactions within financial institutions *Compliance for investment advisers, private funds, mutual funds, broker-dealers, and other regulatory regimes * Interacting with regulators, enforcement agencies and investigations * Business ethics and culture in financial institutions. The course will use an exam as the final assessment. GRADING NOTICE: This course will not offer the CR/NC/H option.