Juris Doctor

  • LAW JD 828: White Collar Investigations: Complex Legal Issues
    This course is designed to provide students with an understanding of the complex issues faced by parties to fraud investigations. The course will cover the building blocks of a fraud investigation -- with an exploration of the structure of the Department of Justice and relevant civil agencies as well as key modes of collecting evidence and charging -- and delve into the current legal issues facing white-collar prosecutors and defense attorneys. While the course will provide students a basic understanding of white-collar cases, students will be focused on the complex and ever-changing case law impacting white-collar attorneys for both the prosecution and defense. In addition to reviewing Department of Justice policy, statutes, and key rules and regulations, students will examine case law, with an emphasis on recent major cases and investigations. The course will give students a soup-to-nuts approach to white-collar investigation and litigation: by the end of the course, students will understand how complex white-collar cases are investigated, charged, litigated, and resolved, and how to analyze the legal issues facing attorneys in the field of white-collar investigations. Grading: The grade for the course will be based on attendance, class preparation, and a take home exam at the end of the semester. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule.
  • LAW JD 829: Evidence
    This 3-credit course will examine the rules and doctrines of Evidence Law with a focus on the Federal Rules of Evidence and pertinent constitutional law. We will cover hearsay and its exceptions, relevance, prejudice, character evidence, impeachment, and other central subjects. Emphasis will be on the practical application, the policies and purposes, and theoretical considerations of Evidence Law. This course utilizes a problem-based approach to learning and encourages critical analysis of how Evidence Law impacts equity and justice. Assessment for the course will be based upon a bar-style multiple-choice final examination, a policy paper, and short review assignments due before each class (after the first week). This course satisfies BU Law clinics' Evidence prerequisite/co-requisite requirement.
  • LAW JD 831: Evidence
    Practical and theoretical aspects of the rules of evidence. The purpose and policies underlying the evidentiary rules are stressed throughout in order to make the rules meaningful, predictable, and functional both for students interested in trial practice and for students who anticipate engaging in a more diversified practice. In addition to covering the substantive rules of evidence, the course demonstrates the significance of evidence as a tactical device at the trial and as a vital skill for the office lawyer.
  • LAW JD 832: Energy Law & Policy (S)
    Energy law and policy are integral to the U.S. economy and have major impacts on the environment. This seminar will provide an overview of U.S. energy law and policy with an emphasis on the sources and regulation of electric energy. We will pay particular attention to emerging alternative energy sources, e.g. wind, solar, biomass, as well as new technologies, e.g. horizontal fracking for the development of natural gas. We will consider the division of regulatory authority among federal, state, and local governments. Students will have the opportunity to enhance their research, writing, and oral presentation skills and receive detailed feedback. There are no pre-requisites to the course other than a curious mind and interest in the subject matter. LIMITED WRITING REQUIREMENT: A limited number of students may elect to use this course to fulfill the upper-class writing requirement. GRADING NOTICE: This course 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 833: Environmental Law
    This is an introductory survey course in environmental law. We will consider the theoretical foundations and political dimensions of environmental law as we focus on several key statutes including the Clean Air Act (and its application to climate change), Clean Water Act, the Comprehensive Environmental Response, Compensation and Liability Act (the Superfund statute), and the National Environmental Protection Act.
  • LAW JD 835: Jurisprudence: Contemporary Controversies Over Law & Morality (S)
    This course will examine some classic issues of jurisprudence as they arise in contemporary controversies over law and morality. Topics will include the following: (1) The legal enforcement of morals. In Lawrence v. Texas, which recognized a right of gays and lesbians to intimate association, Justice Scalia protested in dissent that the case "effectively decrees the end of all morals legislation." Is Scalia right that there is really no distinction between same-sex intimate association and, to quote Scalia's list, "fornication, bigamy, adultery, adult incest, bestiality, and obscenity"? What are the proper limits on traditional "morals legislation"? (2) Grounds for justifying rights: protecting freedom to choose versus promoting moral goods. What are the best grounds for justifying rights in circumstances of moral disagreement (including strong polarization and constitutional rot)? For example, should we justify a right of same-sex couples to marry on the ground that government should respect people's freedom to choose whom to marry? Or instead on the ground that protecting such a right promotes moral goods (the same moral goods that opposite-sex marriage furthers): commitment to another human being, along with "the ideals of mutuality, companionship, intimacy, fidelity, and family" and "yearnings for security, safe haven, and connection that express our common humanity" (quoting Goodridge v. Department of Public Health, the Massachusetts decision protecting a right of same-sex couples to marry). (3) Government's role in promoting civic virtues and public values: conflicts between liberty and equality. To what extent may government inculcate civic virtues and promote public values? We will focus on conflicts between personal liberty (including religious liberty) and the use of antidiscrimination and marriage equality laws to secure the status of equal citizenship for gays and lesbians. For example, should laws recognizing same-sex marriage or protecting against discrimination on the basis of sexual orientation or gender identity grant exemptions to business owners who disapprove of such rights on religious grounds? (4) Governmental encouragement of responsibility: rights with responsibilities and regulation. To what extent does the protection of rights license irresponsible conduct and preclude government from encouraging responsible exercise of rights or regulating the exercise of rights in order to protect others from harm? We will examine such issues in the context of reproductive freedom and the individual right to bear arms. (5) Originalisms versus moral readings. Does constitutional interpretation involve determining the original meaning of the Constitution as a matter of historical fact (originalisms) versus making moral and philosophic judgments about the best understanding of our constitutional commitments (moral readings)? We will examine these competing approaches through assessing two competing approaches to the Due Process Clause: those of Washington v. Glucksberg and Planned Parenthood v. Casey. Does protection of the right to abortion or the right of same-sex couples to marry necessarily entail a moral reading of the Constitution? ** 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 838: Antitrust Law
    As explained by the Supreme Court, U.S. antitrust law is designed to be a comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade. It rests on the premise that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality and the greatest material progress, while at the same time providing an environment conducive to the preservation of our democratic political and social institutions. Northern Pac. Ry. Co. v. United States, 356 U.S. 1, 4 (1958). This course introduces students to the set of laws that govern free market competition in the United States, the principles underlying antitrust law enforcement and the current debate surrounding the appropriate limits of antitrust law and whether to amend existing law. In addition to case law, we will cover federal enforcement agency policy guidelines and statements and basic economic principles used by the enforcement agencies and courts in adjudicating the law. GRADING NOTICE: This class does not offer the CR/NC/H option.
  • 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 Seminar
    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 & 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 Link.
  • LAW JD 842: International Business Transactions
    This course is designed to give students a broad overview of the law--domestic, foreign, and international--governing international business transactions. With the significant growth in international commerce and trade, and the forces of economic and social globalization, lawyers will increasingly confront international legal issues during their professional careers. This course will focus on the legal problems encountered in business ventures that cross national borders. Topics may include formation of contracts, choice of law, financing the international sale of goods through letters of credit, sales and distribution agreements, licensing and contract manufacturing, joint venture agreements, foreign investment, international dispute settlement, and global compliance issues. This course explores one or more of these topics with contract drafting and negotiation exercises. NOTE: While prior background in international law is not required, it is strongly recommended.
  • LAW JD 843: Int'l Human Rights Clinic: Human Rights Advocacy (S)
    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 847: Federal Courts
    Federal Courts is a course about judicial power. In short, it helps students answer the question: What is the role of the federal judiciary in our constitutional democracy. We examine the statutory, constitutional, and judge-made doctrines that empower the federal courts, as well as those that limit their authority. What is a "case" to begin with? Are some disputes simply not cases amenable to resolution by federal judges? Who should be able to bring a case to the courts' attention? The simple answer is someone injured by unlawful conduct. But what constitutes an injury? And who decides what constitutes an injury? Who can be held accountable for injuries resulting from unlawful conduct? Should certain entities and people have immunity from suit in federal court altogether? We grapple with that question in our study of state sovereign immunity and official immunity doctrines. We also study the relationships between the federal courts and the other branches of government: Congress and the President. For example, does Congress have the power to abolish the federal courts, if it sees fit? Could it remove certain cases from the federal courts' jurisdiction, such as cases involving immigration or the Second Amendment? This course builds extensively on topics covered in Constitutional Law and Civil Procedure. It is strongly recommended for students who are interested in litigation of any sort (in state or federal court), civil rights, and government lawyering at any level, including clerking for a state or federal judge.
  • LAW JD 849: Privacy, Security & Technology (S)
    This seminar explores how modern technology disrupts many of the customs and principles upon which our laws and institutions for national security have evolved. The advancement of modern technology is changing the nature of how we perceive and defend against security threats across all domains. Attacks can be launched in ways that national borders and other conventional defenses cannot easily stop, and the proliferation of privacy enhancing cryptographic tools provides virtual refuge for threat actors to congregate, coordinate and conspire. At the same time, the state has mobilized the use of new technologies--expanding, and indeed, redefining, surveillance capabilities--to predict, prevent and defend against threats in the modern era. This class will focus on a series of historical and contemporary challenges posed by a range of technologies to the government's administration of security and justice, and the solutions implemented or proposed by the state in response. The objective is to contextualize and deepen our understanding of the substantive and institutional questions that arise from the modern day "going dark" problem, in order to facilitate sound policy and good politics in areas that are devoid of law. Topics for discussion may include, but are not limited to: the use of cryptographic tools to evade government surveillance; government proposals for "backdoor" access to people's devices and data; the use of government hacking as a surveillance tool; and the use of machine learning to predict and prevent threat incidents. No technical knowledge is required. NOTES: This class does not satisfy the upper-class writing 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 851: Labor Law
    Survey of modern labor management and union relations law in the private sector. Organization of workers and the representation process; collective bargaining; unfair practices, employer and union; negotiation and enforcement of collective agreement, including arbitration; regulation of strikes and lockouts. Administrative law and federalism principles will be treated. Employment discrimination and other individual employee protection laws are not treated in this course.
  • LAW JD 852: Regulated Money Management: Advisers & Mutual Funds
    With more than $25 trillion in assets under management, registered investment companies (commonly referred to as mutual funds) perform a significant role in raising and deploying capital within the U.S. financial system. This course is designed to familiarize students with the legal and regulatory framework of the investment management industry. The course will focus primarily on the regulation of investment advisers and mutual funds under the Investment Advisers Act of 1940 and the Investment Company Act of 1940 and will examine how these statutes, in combination with other state and federal laws and regulations, govern the formation, structure, distribution and management of mutual funds and other investment-related products and services offered by advisers, brokers and other financial intermediaries. The course will also examine the role of the Securities and Exchange Commission in regulating the investment management industry and the responsibilities of legal counsel in practicing before the SEC. NOTE: Students who have taken Mutual Funds may not enroll in this course.
  • 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.
  • LAW JD 856: Health Law
    This four-credit course focuses on the business side of health care, including health care insurance regulation and laws designed to increase the quality and lower the cost of health care. Topics include managed care regulation, institutional liability for medical malpractice and other forms of negligence, professional and facilities regulation, the corporate practice of medicine doctrine, corporate form, medical staff organization, referral fee laws, and antitrust law related to health care providers. The course is designed to develop a solid doctrinal foundation on today's most relevant areas of health law and to develop a strong ability to view the doctrine and policy through the lens of economics with a particular focus on law as both the cause of and solution to health care and health care insurance market imperfections.
  • LAW JD 857: Intellectual Property
    In our modern information economy, the law of intellectual property has taken on enormous importance to both creators and users. This course introduces students to the principles of trade secret, patent, copyright, and trademark law, and explores the ways in which those principles are shifting and adapting in response to new technology. The course is open to all upper level students, without prerequisite. No scientific or technical background is required.