Juris Doctor

  • LAW JD 767: Climate Risk & Financial Institutions: Submerging Markets (S)
    This seminar will explore how the law shapes the assessment of, and response to, the financial risks of climate change. We'll look, for example, at how misaligned incentives for risk-taking (such as between a developer and a house buyer, or between a corporation and its insurer) lead to overdevelopment in flood plains and areas with high wildfire risk. After an introduction to the economics of climate change, we'll turn to questions like: What role do securities regulators, insurance commissioners, and central bankers play in the transition to a greener economy? What does "ESG" investing mean and does it do anything? Are markets foreseeing both physical risks and transition risks (i.e., stranded assets)? Our approach will consider the political economy of risk bearing, and investigate dynamics like the influence of credit ratings agencies on local government investment in sea-level rise adaptation. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement. **A student who fails to attend the initial meeting of a seminar (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 768: Criminal Motion Practice and Advocacy
    Advocacy courses in law school tend to focus on the traditional Trial Advocacy model (opening statements, direct and cross examinations, and closing arguments) or post-trial Appellate Advocacy. The vast majority of cases, however, never reach trial. Criminal Motion Practice and Advocacy will look comprehensively at the pre-trial motions that comprise the bulk of criminal litigation. Students will have the opportunity to research, write, and argue their own pretrial motions against opposing counsel. The course will travel chronologically through the life of a criminal case, beginning at arraignment and focusing on the art of motions practice. In class exercises will include arguments for Motions to Suppress searches and seizures based on search warrants, as well as Motion to Suppress hearings with live witness testimony and examination. NOTES: This class does not satisfy the upper-class writing requirement. This class counts toward the 6 credit Experiential Learning requirement. ENROLLMENT LIMIT: 12 students. GRADING NOTICE: This course does not offer the CR/NC/H option. PREREQUISITE: Criminal Procedure. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list for a section are required to attend the first meeting to be considered for enrollment.
  • LAW JD 771: Learning From Practice Externship: Seminar
    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 Learning from Practice: Fieldwork course. This one-hour weekly seminar focuses on the ways in which lawyers develop skills on the job, and identifies best practice for professional development, mentoring, networking, communication, and interacting with clients and the media. The course also examines issues involving diversity, work-life balance, and ethical considerations. The seminar requires students to make a class presentation and keep 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 externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Learning from Practice Externship (JD 809). GRADING NOTICE: This class does not offer the CR/NC/H option.
  • LAW JD 773: Transaction Simulation: Auction and Sale of a Private Company
    Practice Area: Mergers & Acquisitions This course is one of the semester-long transaction simulations offered as part of the Transactional Law Program and satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. The simulated transaction is the acquisition in a merger transaction of a privately-held company in the single-cup coffee brewing industry through an auction process. The course exposes students to the primary tasks undertaken by both junior and more senior attorneys in a private company auction and sale, and in doing so builds skills students will need as they enter transactional practice. Students will perform analytical, drafting and other legal tasks during each stage of the transaction from inception through closing, including revising and negotiating final terms of a merger agreement for the proposed transaction and preparing the related disclosure schedules. Much of the course work will be done in teams representing the company being sold or a potential purchaser of that company. The course grade will be based on drafting assignments, contributions to team efforts such as in-class presentations and negotiation sessions, and individual class participation. CLASS SIZE: Limited to 16 students. PREREQUISITE: Contract Drafting is recommended, but not required. NOTES: This course counts toward the 6 credit Experiential Learning requirement and also satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. 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 776: Intellectual Property Workshop (S)
    This seminar examines topics from the frontiers of intellectual property law. The class provides students with the opportunity to meet and interact with cutting-edge IP scholars who will be invited to speak. Students will read the speakers' works in progress, critique those writings in papers and oral give-and-take discussions with the authors, and will be provided additional reading as appropriate. The goals of this workshop are three: for students to deepen their substantive knowledge of IP law, for students to increase their abilities to participate in scholarly debate, and for established scholars to improve their working papers through the input of the workshop group. COREQUISITE/PREREQUISITE: Ideally, students should have taken or be concurrently enrolled in a course in IP, Copyright, Patent, or Trademark. Students who have not taken such a course (or who are not enrolled currently in such a course) must obtain the permission of the instructor. Students in the seminar will write several short papers commenting on the papers presented in the workshop. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement. ** A student who fails to attend the initial meeting of a seminar (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 777: Education Law
    In this course, we will examine the relationship between law, public policy, and current issues in education at both the K-12 and higher ed levels. Major themes will include campus safety and privacy; the right to an equal and quality education (with a focus on desegregation and resegregation); constitutional issues in public schools (including religious considerations and student freedom of expression); and structures of educational governance and various school reforms. Related topics of engagement will likely include policing in schools, ongoing legal battles over race-conscious practices and policies, the unmet needs of English language learners, and the impact of the charter school movement. NOTE: Previously Education Law and Policy. Students previously enrolled in the seminar may not register for this course. Course assessment will include a three-hour final examination. Class participation will also factor into final grades. NOTES: This class does not satisfy the upper-class writing requirement. GRADING NOTICE: This class does not offer the CR/NC/H option.
  • LAW JD 778: Introduction to Risk Management and Compliance
    Spanning the range of industries from health care to financial services to manufacturing and beyond, compliance is the fast-growing practice of managing the full range of legal risk within highly-regulated organizations. At the complex intersection of law, business operations, reputation, and ethics, compliance lawyers practice "preventive law" to protect companies against corporate criminal and civil liability. We will discuss how to identify and evaluate an organization's legal risks and and work in multidisciplinary teams to develop effective strategies to prevent wrongdoing (and detect violations when they do occur). Among other topics, we will look at the Federal Sentencing Guidelines for Organizations, the Foreign Corrupt Practices Act, and enforcement guidance from the Department of Justice and Securities & Exchange Commission to see how compliance has become a key mechanism of corporate accountability in the U.S. and globally.
  • LAW JD 780: Trademark and Unfair Competition
    This course will examine the precepts of trademark and unfair competition law. We will investigate issues of ownership, protectability, and infringement in the context of words, symbols, slogans, product design and trade dress. The course also will handle related issues, depending on class interest, such as: trademark's common law roots, false and comparative advertising, parody, the right of publicity, the First Amendment, a comparison of how copyright and trademark treat 'functional' designs, the influence of misappropriation law and fears of free riding, and the challenge of applying trademark laws in the Internet context. GRADING NOTICE: This course does not offer the CR/NC/H option.
  • LAW JD 783: Transaction Simulation: Int'l Business Collaboration
    Practice Areas: Cross-Border Transactions and International Negotiations This course is one of the semester-long transaction simulations offered as part of the Transactional Law Program and satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. The simulated transaction involves two companies, one a large U.S.-based pharmaceutical company, and the other an African company majority owned by the government. The two companies are interested in working together to produce and commercialize a plant-based product which may be effective in treating, and possibly even preventing, arthritis. The pharmaceutical company has developed and patented a process to extract the active ingredient from the plant which is available in ample supply from the African company. The form of their collaboration could be a joint venture, a licensing agreement or a long term supply contract. For much of the course, the class will be divided into two teams, with each team representing one of the parties to the potential transaction. Negotiations between the two teams will take place through written exchanges and real-time negotiation. The course provides students with an opportunity to gain insight into the dynamics of negotiating and structuring business transactions, to learn about the role that lawyers, law and business play in these negotiations, and to develop experience in drafting communications and actual negotiations. Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements and licensing agreements, particularly in an international transaction. CLASS SIZE: Limited to 12 students. This course is open to LLM students provided there are available seats and with the permission of the Instructor and the Assistant Dean of Graduate and International Programs. PREREQUISITES: Corporations and Contract Drafting (or Transactional Contracts in the case of LLM students) are recommended, but not required. NOTES: This course counts toward the 6 credit Experiential Learning requirement and also satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. 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 784: Transaction Simulation: The Rise and Fall of a Syndicated Loan
    Practice Areas: General Business, Banking/Finance, Corporate Governance and Restructuring This course is one of the semester-long transaction simulations offered as part of the Transactional Law Program and satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. The simulated transaction is the structuring, negotiation and documentation, and subsequent restructuring, of a $1.7 billion secured, syndicated commercial loan to a privately- held but well-funded biotechnology company whose principal business is the development and commercialization of medical testing and diagnostic products and services (the "Company"). As the financial institutions which have been approached about making this loan are aware, the Company's primary purpose for seeking this loan is to use the loan proceeds to pay an extraordinary dividend to its founder and controlling shareholder and a private equity firm which is its primary outside investor (often referred to as a "dividend recap loan"). The course will explore some of the key issues, and students will perform several of the principal tasks which transactional lawyers specializing in general business, banking/finance, corporate governance and restructuring must consider and carry out in advising corporate clients and financial institutions in connection with a dividend recap loan. These will include advising the Company's board of directors and officers (or alternatively, the prospective lenders) in evaluating whether to engage in the loan and dividend transaction, the steps needed to obtain corporate approval for it and structuring, negotiating and documenting these types of transactions. We will also examine the critical role various provisions of the credit and security agreements for the loan play following the loan closing when serious problems and potential events of default arise leading to a restructuring of the original loan. As the course proceeds, students will be divided into teams (the composition of which will change regularly) representing various parties to the transactions, and will perform the key analytical, drafting, negotiation and other legal tasks required to effectively represent their respective clients during the various stages of the transactions. The course grade will be based on drafting assignments, contributions to team efforts such as in-class presentations and negotiation sessions, and individual class participation. CLASS SIZE: Limited to 12 students. PREREQUISITE OR CO-REQUISITE: Corporations. Contract Drafting is recommended, but not required. NOTES: This course counts toward the 6- credit Experiential Learning requirement and also satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENTS: 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 785: Federal Habeas Corpus (S)
    This seminar explores federal court jurisdiction to entertain petitions for the writ of habeas corpus. Some attention will be given to habeas corpus as a means of challenging actions taken by the Federal Government in connection with national security and immigration. More attention will be given to habeas as the means by which state and federal prisoners attack criminal convictions and death sentences. The seminar should be of interest to students interested in the institutional role of federal courts in the United States, the relationship between federal courts and state courts, and the procedural mechanisms for adjudicating federal constitutional issues in criminal cases. Students who plan to practice criminal law, to handle capital litigation, or to clerk for federal judges will find the seminar especially valuable. NOTES: This class does not satisfy the upper-class writing requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
  • LAW JD 786: Legislative Policy & Drafting: Clinic Option (C)
    THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Legislative Policy & Drafting Clinic. Students learn about the law-making process through coursework and hands-on experience working with a client seeking to advance a bill or project through the state legislature. Students work on several projects during the semester that highlight different aspects of the legislative process, allowing students to relate and test the theories discussed in class to real life situations. The in-class seminar covers subjects that affect the legislative process including: constitutional interpretation by legislatures, theories of representation, legislative organization and rules, lobbying, legislative oversight powers, and legislature-executive agency relationships. The clinic instructor works with students to select projects in the students' specific areas of interest, if any. In particular, students interested in business and tax, environment law, or health law, may specialize in those areas for the full semester. NOTE: This clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
  • LAW JD 787: Transaction Simulation: IP Counsel for New Music Streaming Service
    Practice Areas: Intellectual Property and Corporate Finance This course is one of the semester-long transaction simulations offered as part of the Transactional Law Program and satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. The course will cover matters and transactions engaged in by a startup company (the "Company") seeking to disrupt the music industry with a new music streaming platform. During this course, students will play the role of a transactional intellectual property attorney, advising the Company on several key strategic intellectual property decisions and matters in connection with launching its music streaming service. Some of these lawyering tasks will be foundational, such as advising the Company in selecting a strong trademark and deciding which open source software to use as the base of its otherwise proprietary software. Other tasks will focus on the key music licensing hurdles for the Company, including advising the Company on music licenses it will need to stream music and launch an advertising campaign. Later in the semester, students will work on a proposed equity investment in the Company, representing either the Company or the investor. The course also addresses various ethical issues that may arise in connection with these types of matters and transactions and in transactional practice generally. CLASS SIZE: Limited to 12 students. PREREQUISITE: IP Survey Course OR at least two of the following courses; Patent Law, Copyright Law, or Trademark Law. Contract Drafting is recommended, but not required. NOTES: This course counts toward the 6 credit Experiential Learning requirement and also satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. 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 788: Contract Drafting
    This course is the foundational skills course within the Transactional Law Program. It teaches students basic principles and skills of drafting and analyzing commercial and transaction agreements, with a focus on recognizing, and addressing through contractual provisions, key business issues in transactions. Although the course will be of particular interest to students interested in a corporate or transactional law practice, since most practicing attorneys will need to work with contracts at some point in their career, the concepts and skills which the course conveys are applicable to virtually all practice areas and specialties. While the course utilizes lectures to introduce various contract concepts and techniques essential for drafting and reviewing commercial and transaction agreements, it requires that students complete both in-class exercises and out-of-class assignments as a means of building basic drafting skills and a solid understanding of the structure and operation of contractual provisions in a business transaction. Grades will be based on the graded assignments, good faith completion of ungraded assignments, and class participation. CLASS SIZE: 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 789: Transaction Simulation: Forming & Financing a Start-Up Business
    Practice Areas: General Corporate and Corporate Finance This course is one of the semester-long transaction simulations offered as part of the Transactional Law Program and satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. The simulated transaction is the formation and initial financing of a privately-held company in the software industry. The transaction will expose students to the principal issues in counseling entrepreneurs as to their emerging businesses, including key elements such as entity creation, duties of management and control among owners, equity compensation, intellectual property protection, capital raising through preferred stock financing, and financing-related contracts based on industry-standard models. Through in-class discussions and graded homework assignments, students will simulate the work of practicing attorneys (both junior and senior) who counsel start-ups and their founders on a day-to-day basis. The course grade will be based on three drafting homework assignments, contributions in class, and a group project focused on a self-selected current topic. CLASS SIZE: Limited to 12 students. PREREQUISITE OR CO-REQUISITE: Corporations. Contract Drafting is recommended but not required. NOTES: This course counts toward the 6 credit Experiential Learning requirement and also satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. 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 790: Employee Benefits & Executive Compensation
    This course provides a comprehensive overview of the Employee Retirement Income Security Act of 1974 and its subsequent amendments (including the Affordable Care Act). Special attention is paid to the creation and maintenance of both pension and welfare plans and to plan operation, funding, amendments, accrual and vesting. For pensions, the focus is on qualified plans and the special problems presented by highly compensated employees, IRS "anti-discrimination" rules and by bankruptcy and divorce. The course also covers the regulation of self insured and traditionally insured health care plans as well as long and short term disability, severance and plan termination. The semester ends with an introduction to the responsibilities of plan fiduciaries, ERISA preemption, and section 502(a) claims and remedies.
  • LAW JD 792: Cybersecurity Law
    This course will consider legal and policy challenges arising from rapidly evolving threats in cyberspace. It will define an array of cyber threats, and consider the ways in which they impact a range of governmental and non-governmental actors and entities. It will identify the domestic and international legal frameworks that regulate conduct in cyberspace--including laws related to cybercrime, cyberespionage, and cyberwar--and examine substantive and institutional questions such as: What existing principles limit cyber threats? What are the norms emerging through state practice? How should we fill in the gaps? Who should make these decisions? How should they be enforced? The course will explore these questions within the context of broader policy debates about Internet governance and the role of governmental and non-governmental actors in defending against cyber threats; state restrictions on civil rights and liberties in defending against cyber threats; allocation of decision-making among (and within) the branches for U.S. cybersecurity; and issues of secrecy and accountability. The objective of this course is to deepen our understanding of the existing threats and protections in cyberspace, the regulatory challenges that exist, and the institutions that should address them. No technical knowledge is required. Familiarity with public international law, administrative law and criminal procedure is helpful, but not necessary. International law concepts will be introduced as necessary. GRADING NOTICE: This class will not offer the CR/NC/H option.
  • LAW JD 793: Trade Secrets and Restrictive Covenants
    This course will examine the theory, practice, and interrelationship of trade secret law and the law of restrictive covenants, including laws governing the use and enforceability of noncompetition agreements. We will explore what a trade secret is, what it is not, how it differs from other types of intellectual property, and how something secret can constitute protectable property. We will investigate how trade secrets can be misappropriated, including misappropriation through one's memory; whether and in what circumstances trade secrets will be protected, including through the use of noncompetition agreements, nondisclosure agreements, and other restrictive covenants; the other purposes served by those agreements; and the strengths and weaknesses of the various laws governing the protection of trade secrets and the use of restrictive covenants. Depending on class interest and time, we may discuss related issues such as the current debate over the use of noncompete agreements and their putative effects on innovation. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.
  • LAW JD 795: Problems in Anti-Discrimination Law (S)
    Antidiscrimination law is broadly viewed as a vehicle to redress and ameliorate racial inequality across domains of social, economic, and political life. And yet, all too often, this body of law reinforces and reproduces racial hierarchy and stratification. The tension between antidiscrimination law's egalitarian aspirations and racially subordinating effects is not new. Nevertheless, our current cultural moment invites renewed attention to the forces that hinder antidiscrimination law's remedial promise and potential. To further this inquiry, the seminar will interrogate contemporary battles over racial justice through a lens that draws on critical theory, history, and social science. To further ground the seminar to current events, the class will put students into conversation with scholars, practitioners, and/or activists engaged in work "on the ground." This is a reading and writing intensive course. NOTE: This class does not satisfy the upper-class writing requirement. GRADING NOTICE: This class will 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 798: Gender, Violence & The Law (S)
    This seminar provides a detailed examination of gender-motivated violence and legal responses. Recently, there has been greater recognition of gender-based injuries within the law and the provision of new, important protections to survivors. However, despite considerable progress, gender-based violence continues to present theoretical and practical questions, such as: To what extent is gender-based violence different than other types of violence? What legal approaches are most effective to address the harms while recognizing that the diverse interests of survivors? How do societal norms related to gender-based violence impact legal remedies? How should courts balance the interests of other parties in such proceedings to ensure that constitutional rights remain intact? This seminar will involve students in a close scrutiny of gender-based violence, including sexual assault, intimate partner violence, and sex trafficking, from legal, theoretical, and sociological perspectives. It will explore the limits of the law in addressing gender-based violence and emerging non-traditional approaches, including problem-solving courts and restorative justice frameworks. It also will examine how the emergence of the #MeToo movement may influence legal responses to gender-based violence. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this seminar. **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.