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 835: Jurisprudence
  This seminar will explore basic issues of jurisprudence as they arise in contemporary battles between originalism and its critics. What are the principal arguments for originalism and criticisms of it? What are the major varieties of originalism and alternatives to it? Does originalist analysis of “text and history”—as many originalists claim—avoid the need for normative judgments in constitutional interpretation? Or do originalists engage in “historical ventriloquism”—putting their normative arguments concerning text, history, and tradition in the mouths of historical framers, ratifiers, or lexicographers? We will consider such issues in three constitutional law contexts: the right to bear arms; substantive due process; and freedom of speech. (1) Originalism and the right to bear arms. The Supreme Court has based its major decisions protecting an individual right to bear arms on originalism. Do Heller v. District of Columbia, New York State Rifle & Pistol Association v. Bruen, and United States v. Rahimi vindicate originalism as yielding objective answers of historical fact about constitutional meaning or, to the contrary, do they suggest that history and originalism itself is a site of contestation between competing understandings of our constitutional commitments? How does the Court actually use history and tradition in these cases? (2) Originalism and basic liberties. The Court’s decisions protecting or rejecting basic liberties under the Due Process Clause have vacillated between two competing approaches: a narrow conception of “history and tradition” in Washington v. Glucksberg and Dobbs v. Jackson Women’s Health Organization and a broader conception of tradition as a “living thing”—to be elaborated through “reasoned judgment” in common law constitutional interpretation—in Planned Parenthood v. Casey and Obergefell v. Hodges. Does protection of the right of pregnant persons to decide whether to terminate their pregnancies or the rights of same-sex couples to marry necessarily reject originalism in favor of a moral reading of the Constitution? How does the Court actually use history and tradition in denying rights in Glucksberg and Dobbs? In service of originalism as commonly understood or instead in support of conservative moralism and traditionalism? Does the Due Process Clause or the Equal Protection Clause provide the better ground for protecting such basic liberties? What are the criteria for deciding between these grounds? (3) Originalism and freedom of speech. Originalism is notably absent from the Court’s decisions protecting freedom of speech, including those where it clashes with securing the status of equality for all, e.g., LGBTQ+ rights in 303 Creative LLC v. Elenis. What accounts for this absence? What might it suggest about the Court’s “selective originalism”? Are there better ways of accommodating conflicts between such constitutional values than the Court’s absolutist protection of freedom of speech to the exclusion of equality for all? 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 836: Federal Courts
  This is a basic survey course covering the federal courts, their place in the structure of American government, their relations with the Legislative and Executive branches and with the states, and their adjudication of federal-question cases concerning constitutional and civil rights, federal social welfare programs, and environmental and business regulation. This course builds on first-year courses in Constitutional Law and Civil Procedure and complements upperclass courses on modern public law and legal institutions: e.g., Administrative Law, Immigration Law, Environmental Law, Labor Law, and Conflict of Laws. Topics include the separation of federal judicial, legislative, and executive powers, Congress' authority to prescribe the federal courts' jurisdiction and to assign adjudicatory duties to other bodies (e.g., legislative, courts and agencies), private authority to mount litigation to enforce federal law, standing to sue in federal court, conflicts between federal and state courts, the states' immunity from private lawsuits, the Supreme Court's authority to review state court judgments, and "abstention" doctrines governing the exercise of federal judicial power. We will explore theoretical and policy questions asking not only what federal-courts law is at the moment, but also what it should be. Yet we will organize our discussions around practical lawyering in the federal courts' identifying and analyzing the constitutional, statutory, and judge-made hurdles that litigants must clear to obtain a decision on the merits of a federal question. Especially recommended for students who plan to practice with firms that represent clients subject to federal regulation, to pursue careers with federal or state agencies and departments, or to handle constitutional, civil rights, or other public interest litigation.
• LAW JD 837: Crimmigration
  Noncitizens are increasingly impacted by interactions with the criminal legal system, often facing detention and deportation from the United States as a result of even minor infractions. This course will explore the dynamic field of "crimmigration" -- the intersection between immigration law and criminal law. Through readings, discussion, and independent research projects, students will learn to analyze constitutional, statutory, and regulatory provisions concerning immigration, as well as procedural and substantive requirements in criminal proceedings as they affect noncitizens. Students will also engage with the growing conversation around immigration and criminal abolition, as a response to the expanding carceral state. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement.
• LAW JD 838: Antitrust Law
  The antitrust laws reflect a conviction that competition in the marketplace will yield the best outcomes for consumers and the optimal allocation of resources in our economy. Beginning with the Sherman Act of 1890, the antitrust statutes condemn a variety of acts -- from mergers to agreements among competitors to monopolists' exclusionary business practices -- that restrain trade or contribute to monopoly power. The statutes, however, are written in general terms, leaving it to the courts to draw the line between lawful competition and unlawful restraints of trade or monopolization. Early on, the Supreme Court established that the law reaches only "unreasonable" restraints, which only begs the question of how to draw the line between "reasonable" competition and "unreasonable" interference with competitive markets. Over the course of the twentieth century, the courts struggled to fix this line; as the century closed, they had settled on an economically-oriented normative framework that largely deferred to firm decisions and doubted the value of government intervention in markets. In recent years, however, a cacophony of voices -- ranging from activists to scholars to politicians of all stripes -- has begun to call that framework into question and to call for renewed enforcement of antitrust laws. This course will explore the principal statutes and common law that have shaped antitrust law over the past century-and-a-quarter since Congress passed the Sherman Act. We will also examine the standards and procedures that the antitrust agencies use to evaluate mergers and to challenge conduct as anticompetitive. As we critically evaluate the case law, we will also reflect on current calls for reform. While we will engage rigorously with economics, all of the economic principles necessary to understand the case law and debates will be explained in the course; formal training in economics is not a requirement.
• LAW JD 839: First Amendment
  This course will examine the free speech, free exercise and establishment clauses of the First Amendment. About two-thirds of the course will focus on speech, including such topics as political speech (including campaign finance regulation), commercial speech, and expression in the public forum. The final one-third of the course will focus on religion, including such topics as freedom of religious practice, religion in schools, and religious displays and symbols.
• LAW JD 840: International Human Rights Clinic: Skills 1
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the International Human Rights Clinic. This course is the companion fall classroom component for students enrolled in the Clinic and provides an introduction to essential lawyering skills, with a focus on those relevant to the practice of human rights law. The goal of the course is to help students develop a wide range of competencies, including written and oral communication and advocacy, legal research, factual investigation, witness interviewing, professional responsibility, and strategic thinking and problem-solving. 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 841: Supervised Research and Writing
  Upper-class students may pursue a special research interest under the guidance of a full time faculty member, and earn one or two semester credits for a Supervised Research and Writing project (also known as an Independent Study). The study must involve a substantial investment of time and effort, and result in significant written work that reflects a high standard of legal scholarship. The student's final grade will be based solely upon written work submitted, and will be included in the student's average. NOTE: Students must register for Supervised Research and Writing directly with the Registrar's Office. You may not register via the Student Portal.
• LAW JD 842: International Business Transactions
  This course provides a comprehensive survey of the legal and business issues arising in international commercial transactions. The course will cover key areas of international business and economic law impacting cross-border transactions, including: the basic documentary transaction (international sales and shipment contracts); agencies and distributorships; franchises and licensing; joint ventures; international project finance; and Cross-border mergers and acquisitions. In addition to substantive law, the course introduces students to essential lawyering skills crucial for success in international transactional practice. Students will develop their skills in negotiation, contract drafting, and client counseling. Through a combination of doctrinal study, case analysis, and practical exercises such as role-playing, students will gain a deeper understanding of the complexities of international business transactions and the role of lawyers in facilitating these deals. The course will also address the importance of cultural awareness in international business dealings and explore topics such as corporate social responsibility and international dispute resolution. PREREQUISITE: Any course in International Law.
• LAW JD 843: International Human Rights Clinic: Human Rights Advocacy
  THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the International Human Rights Clinic. This is the companion spring classroom component for students in the Clinic. The course focuses on further developing skills in the context of the substantive law and mechanisms of the Inter-American Human Rights system. Classes will cover: interviewing and counseling institutional (non-governmental organizations) clients; designing and implementing human rights field research; ethical pitfalls and professional 'best practices' in human rights collaborations with international networks; advocacy within the Inter-American machinery; and simulations using comparative and foreign human rights problems. The classes will be a combination of readings and discussion; simulations; student presentations; short papers and case rounds to discuss project work; and group and individual feedback on project development. NOTE: This course counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 845: Federal Courts
  This is a basic survey course covering the federal courts, their place in the structure of American government, their relations with the Legislative and Executive branches and with the states, and their adjudication of federal-question cases concerning constitutional and civil rights, federal social welfare programs, and environmental and business regulation. This course builds on first-year courses in Constitutional Law and Civil Procedure and complements upperclass courses on modern public law and legal institutions: e.g., Administrative Law, Immigration Law, Environmental Law, Labor Law, and Conflict of Laws. Topics include the separation of federal judicial, legislative, and executive powers, Congress' authority to prescribe the federal courts' jurisdiction and to assign adjudicatory duties to other bodies (e.g., legislative, courts and agencies), private authority to mount litigation to enforce federal law, standing to sue in federal court, conflicts between federal and state courts, the states' immunity from private lawsuits, the Supreme Court's authority to review state court judgments, and "abstention" doctrines governing the exercise of federal judicial power. We will explore theoretical and policy questions asking not only what federal-courts law is at the moment, but also what it should be. Yet we will organize our discussions around practical lawyering in the federal courts' identifying and analyzing the constitutional, statutory, and judge-made hurdles that litigants must clear to obtain a decision on the merits of a federal question. Especially recommended for students who plan to practice with firms that represent clients subject to federal regulation, to pursue careers with federal or state agencies and departments, or to handle constitutional, civil rights, or other public interest litigation.
• LAW JD 846: Historical Perspectives on Law
  This workshop-format seminar examines the interplay of law, constitutions, and culture from an historical perspective. The heart of the seminar is student engagement with works-in-progress by leading scholars in the history, theory, and culture of law, broadly understood. The first three class sessions will be devoted to developing the intellectual tools necessary for reading and engaging with such papers. Starting in week 4 of the semester, the class format will alternate between workshop sessions and more traditional seminar sessions. During the five workshop sessions, an invited scholar will present a current scholarly work-in-progress for discussion. Students will read the speaker's paper in advance and prepare discussion questions for the seminar. During the other sessions, the class will meet as a normal seminar, during which we will discuss readings related to the workshop papers and legal history more generally. The written work for the seminar will consist of a series of brief, critical essays in response to a student-selected subset of the workshop papers. NOTE: This course is open to law students and to graduate students from other departments. A background in history is not a prerequisite. Graduate students from outside the law school may be able to receive 4 credits for this course. Please consult the professor regarding this option. UPPER-CLASS WRITING REQUIREMENT OPTION: Students may use this class to satisfy the upper-class writing requirement.
• LAW JD 847: Federal Criminal Law
  This course examines federal criminal law as a distinct legal system shaped by the dynamic interplay between Congress, the executive branch, and the judiciary. Students will explore the Constitutional foundations of federal jurisdiction, the statutory framework of key offenses—including corruption, racketeering, and criminal violations of Constitutional rights—and the evolving role of federal agencies in enforcement. The course not only covers established doctrine but also highlights the unsettled questions that challenge courts, prosecutors, and policymakers. By analyzing case law, statutory materials, and institutional responses, students will gain insight into how each branch of government influences the development and enforcement of federal criminal law. This course will have a required final exam. PREREQUISITES: Criminal Law, Constitutional Law.
• LAW JD 848: Criminal Procedure A: Investigation
  Criminal Procedure is divided into two parts: investigation and adjudication. Students may take separate courses in investigation and adjudication or may take a one-semester course that covers both, although less intensively. Criminal Procedure A and B each stand on their own and may be taken in either order. One may be taken without the other. Criminal Procedure A focuses on the investigation part, that is, focuses on police investigation and the rights of defendants. This course covers search and seizure, the privilege against self-incrimination, confessions and the rights to counsel during custodial police interrogation. In general the course will examine the constitutional law in cases arising out of the conflict between police practices and the Bill of Rights. RESTRICTION: Students may not enroll in this section and Criminal Procedure AB.
• LAW JD 850: INSURANCE LAW
  The presence or absence of insurance is in many instances the single most important determinant of whether and how a tort or contracts action is litigated. This course focuses on both individual and commercial forms of insurance coverage. Students are introduced to the key insurance concepts of risk management, including the transfer, pooling and allocation of covered risks. Problems of contract interpretation, imperfect information, adverse selection and discrimination will be treated at length. Additionally, the class will take up issues particular to property, life, health, disability, liability and auto insurance. Finally, some time will be devoted to the state regulatory regimes designed to ensure solvency and profitability, and to the secondary market (i.e. reinsurance, and surplus and excess lines). A final exam is required.
• LAW JD 851: Labor Law
  Labor law structures the process through which workers organize and engage collectively, rather than individually, with their employers. This course will cover the basics of private sector labor law in the United States. We will study the National Labor Relations Act and the processes of union organizing and collective bargaining that the NLRA establishes. We will also consider historical perspectives on labor law, issues particular to public sector unions, union participation in the political process, the 'right to work,' and the ability of non-unionized workers to engage in concerted action. Finally, through the lens of labor law, the course will tackle issues of statutory interpretation, administrative law, and constitutional law. The materials are not intended to cover the legal rights of individual employees outside of the NLRA. Students interested in in-depth treatment of those topics are encouraged to take Employment Law and/or Employment Discrimination instead of or in addition to this class. To enroll in this class, students must have completed Contract Law, Tort Law, and Constitutional Law.
• LAW JD 852: Regulated Money Management
  With more than $130 trillion in assets under management, investment advisers perform a vital role in raising and deploying capital within the U.S. financial system, and in meeting the retirement and other financial needs of ordinary Americans. This course is designed to familiarize students with the legal and regulatory framework of the investment management industry, and the role of the Securities and Exchange Commission in regulating the industry. The course focuses on the Investment Advisers Act of 1940 and the Investment Company Act of 1940 and examines how these statutes, along with other federal and state laws, govern the formation, distribution and management of investment-related products and services, including mutual funds, hedge funds and private equity and venture capital funds. We will also discuss whether and how these laws apply to the management of different varieties of crypto assets.
• LAW JD 853: Employment Discrimination
  This course examines federal civil rights laws prohibiting employment discrimination based on race, color, sex, religion, national origin, age, and disability. The course considers litigation strategy and the sources, theories, and goals of anti-discrimination law. Specific subjects covered include discriminatory refusals to hire and terminations, workplace harassment, the applicability of current law to discrimination on the basis of sexual orientation or gender identity, and employers’ responsibilities (or lack thereof) to accommodate or address pregnancy and family responsibilities, religious practices, and disabilities.
• LAW JD 854: WHITE COLLAR CRIME
  The purpose of this Course is to teach present-day white collar crime practice. The course will review: (i) the theoretical bases of modern white collar criminal prosecution; (ii) the major statutes used by prosecutors, including mail and wire fraud, securities fraud, bribery and extortion, obstruction of justice, perjury, and RICO; and (iii) the procedural aspects of white collar crime such as grand jury, attorney/client privilege, and sentencing. Students will learn the prosecutorial and defense techniques employed in significant recent white collar cases. Upon successful completion of the course, students will be familiar with the statutes, procedures, and legal analyses employed by prosecutors and private lawyers in white collar criminal practice. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule.
• LAW JD 855: LAND USE
  The built environment around us is not inevitable or by accident. It is the outcome of a series of legal and political choices about how people should live together; about how to regulate and control the future use of the property around them. These choices result in a legal regime that, at once, is enormously complex, implicates the most basic questions of equity and constitutional freedoms, and affects people in every aspect of their daily lives. This course will examine land use from a legal, historical, theoretical, and, most important, practical perspective. Students will be introduced to a brief history of land use controls in the United States. The course will then cover the basic aspects of land use law: Euclidean zoning, special use permits, variances, vested rights and preexisting uses, exactions, exclusionary and inclusionary zoning, subdivision control, wetlands control, and legal challenges to zoning decisions. The course will also look at more recent trends and issues in land use law, such as smart growth and transit-oriented development, form- based zoning, marijuana regulations, short-term rentals, climate change resilience, and increased federal control of local land use. Finally, the course will examine the constitutional limits of land use regulation under the Fifth Amendment. Students will undertake practical exercises to introduce them to how land use lawyers practice. They will attend a zoning board hearing and report on it; they will analyze a client's proposal to determine what zoning relief is necessary; they will attend a zoning trial or appeal. The course will cover general zoning principles applicable nationally but will focus on Massachusetts law for the practical exercises. The class will require student participation in discussion. The only prerequisite is completion of first-year Property. Students will produce a brief paper on the zoning board meeting they attend and a final paper, and be asked to comment on the trial or hearing they attend. Grading will be based on class participation, the zoning exercise, the comments, and the two papers. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement.
• LAW JD 856: Well-Being and the Law
  This seminar explores issues related to well-being (and ill-being) in legal education and the legal profession. In particular, this seminar will critically examine the prevalence of mental distress and substance abuse in the profession and develop meaningful, lasting solutions to these issues. Unlike most well-being classes that are applied (i.e., focus on mindfulness and other self-care techniques), this course is uniquely designed for students to look at well-being issues from a critical, scholarly lens. Specific topics include: the scope of the problem of mental distress and substance abuse in the legal profession; causes of law student and lawyer ill-being; steps taken to promote well-being in legal education and the profession; the economic case for promoting well-being; critiques of the so-called “well-being movement”; the physical effects of lawyer ill-being; the effect of vicarious trauma on lawyer ill-being; the role diversity, equity, inclusion, and belonging plays in promoting lawyer well-being; and the future of well-being in legal education and the legal profession. Students will engage in discussion and reflection and will also write an extensive paper and do a formal oral presentation of their paper topic for the class. The material in this course can be graphic and emotionally challenging but is nonetheless required. Therefore, all students should carefully gauge their tolerance for this difficult material before choosing to take this class. UPPER-CLASS WRITING REQUIREMENT: Students may satisfy the requirement in part with a 3,000-word paper or in full with a 6,000-word paper. ** A student who fails to attend the initial meeting of a seminar, or 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.