Course & Seminar Descriptions

2 credits

This course considers emerging issues in the law and policy of policing. Policing is bounded by U.S. constitutional law but also heavily determined by state and local statutes and regulations. As such, policing traditionally engages legal questions such as search, seizure, interrogation, and identification. At the same time, emerging issues for contemporary police include policing a pandemic, historical injustice in policing, international and domestic terrorism, and gun violence on college campuses and universities. This course addresses many topics that have impacted police and communities since the first wave of protests in 2014–2015 through the murder of George Floyd through the lens of 4th, 5th, and 6th amendment issues. This course engages students in a deeper understanding of 21st century policing, drawing on contemporary developments in law and policy grounded in the realities of the experiences of police and communities.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Access to Justice Clinic. This seminar examines the larger societal context of students' fieldwork representing poverty-law clients in family, housing, employment, and disability cases. Students will actively analyze and address the intersections of the legal system with the multiple systemic barriers their clients face (e.g., gender, race, class, disability). Students will learn the skills and legal knowledge relevant to representation of clinic clients (including client interviewing, client counseling, oral and written advocacy, and negotiation). PRE/CO-REQUISITES: Evidence and Professional Responsibility. NOTE: This course counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

4 credits

This course will examine the nature and functions of federal administrative agencies and the legal controls on agency action. Agency action is situated and examined in its political and legal contexts. Topics include the status of administrative agencies in the constitutional framework of separation of powers including the non-delegation doctrine, the President's appointment and removal powers in light of the unitary executive, the constitutionality of the legislative and line-item vetoes, the constitutionality of agency adjudication, and the constitutional (and political) status of independent agencies; agency rulemaking and adjudication including the choice of procedural model and the procedural requirements of the rulemaking model; and the availability, timing and scope of judicial review of agency action including standing to seek judicial review and exceptions to the availability of judicial review. The course also examines different methods of policy analysis such as regulatory impact analysis and cost-benefit analysis. Additional topics include discriminatory enforcement, regulatory delay, judicial imposition of procedural constraints on agencies, the implication of private rights of action from regulatory statutes and the availability citizens' suits. Some attention may be paid to differences between state and federal separation of powers doctrines.

3 credits

Admiralty and maritime cases comprise a significant portion of the case load of federal courts located near U.S. ports. Clerks for judges in those courts should have an understanding of this law. In addition, lawyers who handle international transactions will likely encounter admiralty and maritime issues even if they do not specialize in that practice; the practice of admiralty and maritime law is by nature international. Admiralty and maritime practitioners work with lawyers and clients from many nations and travel often to those nations; in the process they become part of a collegial group of practitioners who know and trust each other. The course will examine admiralty jurisdiction of the federal and state courts as well as oft litigated choice of law and choice of forum issues. Our examination of the substantive areas of admiralty and maritime law—including the international and domestic multimodal carriage of goods, charter parties (contracts to use an entire ship or part of a ship), salvage, towing, pilotage, collision, stranding, general average, and personal injury—will show how they fit together and affect one another. We shall also examine ship mortgages and marine insurance and the possible effects of the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules) a new treaty, not yet ratified by the United States. Finally, students in this course who satisfy the Stone Moot Court pre-requisite may apply for membership on the team for the national Judge John R. Brown Admiralty Moot Court Competition, which will be held in Charleston, South Carolina from March 26 to 28,2026 and which typically involves issues ripe for Supreme Court review. OFFERING PATTERN: This class may not be offered every year. It will be offered this year if 5 or more students register for it. Students are advised to take this fact into account when planning their long term schedule.

3 credits

This course teaches students evidence at an advanced level through student exercises simulating courtroom presentations. This is simulation course and the emphasis is on performance and feedback in order to integrate legal evidence theory with the professional skills students need to advocate for their future clients. After evidence related exercises, students will engage in self-critique and will also receive feedback from fellow classmates and the instructor. The instructor will utilize the student exercises to teach the law of evidence at a level beyond the introductory evidence course and advocacy skills. Class discussion and exercises will provide opportunities to improve trial and advocacy skills, recognize and address ethical issues, and consider broad societal questions. Exercises may include the following: a motion in limine concerning prior bad acts evidence, a voir dire on an issue of rape shield, or a Daubert hearing concerning expert testimony on causation in a toxic tort case. PREREQUISITE: Evidence. NOTE: This course counts towards the 6-credit experiential learning requirement.

2 credits

In this class students will be exposed to how legal research functions in practice. The research projects will be designed to highlight major legal research tools in both online and print formats. The projects will feature tasks such locating court documents, doing a legislative history, finding agency regulations and guidance, doing state specific research with practice series, researching an unfamiliar area of the law using secondary sources, as well as learning to use Lexis/Nexis, Westlaw and Bloomberg Law in a cost effective manner. Most classes will have an assignment and some will be longer projects such as a client letter, a research memo for a supervisor and all will include a research log. There will be an exam where the students must do several short research assignments with a research log. The objective of the class is for students to become comfortable completing simple and complex research in a work setting. NOTE: This class counts toward the 6 credit Experiential Learning requirement. 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 are required to attend the first meeting to be considered for enrollment.

3 credits

The seminar will evaluate the current affordable housing crisis and the ways in which it has been influenced by significant events, including population growth pressures, the Great Migration, the 1918 Flu Pandemic, the spread of zoning in the 1920s, race-based restrictive housing covenants, red-lining, rent control and other topics. The course will examine the impact of racism, casteism and economic discrimination on housing law and the permitting, financing and taxation of housing by reviewing the relevant decisional law, local, state and federal regulations and statutes and housing policy reports and articles. The affordable housing crisis will be examined from the perspectives of the individuals who need affordable housing, the individuals who oppose affordable housing being built near them, the developers who design and build housing, the local officials who perform the permitting and the state and federal officials who create and enforce the regulatory, statutory and tax schemes that mold how affordable housing is created. A 15-20 page term paper will be required that examines one or more aspects of affordable housing law, with a variety of potential topics to be offered at the outset of the course. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course will be an introduction to the practice of aggregate litigation from a social justice perspective. Topics will include all aspects of class action practice, an introduction to multidistrict litigation, attorney general and public advocate public interest litigation, public client cases, non-class aggregate litigation, selected bankruptcy issues for individuals as creditors, and other possibilities for litigating public interest issues at scale. Much of the course will focus on consumer protection (including products liability), civil rights and regulated business activities. A sub-unit will address solutions, at scale, to gun violence.

3 credits

Alternative business entities -- particularly LLCs and partnerships -- have become entities of choice, and many more LLCs are now formed than corporations incorporated (especially in Delaware, where more than 70 of new companies are LLCs). The course will address choice of entity decisions, examine the differences and similarities among alternative business entities, including new forms such as the decentralized autonomous organization (DAO) and consider questions involving management, fiduciary and other duties, obligations to non- owners and economic and tax issues. The class will also consider the diverse use cases for alternative entities and the intersection of alternative entity law with securities law, bankruptcy law, and other sometimes inconsistent statutory regimes.

3 credits

The goal of this course is to improve students' ability to resolve disputes and to productively engage in conflict. In this highly interactive class, students will examine a variety of dispute resolution processes, other than traditional court adjudication, including negotiation, mediation, arbitration, dispute system design and restorative justice. Over the course of the semester, students will engage in a series of exercises (i.e., role-plays) through which they can develop and hone their skills and approaches to dispute resolution. Discussion and short lectures will accompany the exercises, as appropriate. There will be short written assignments as well as a longer paper due at the end of the semester. No final exam. NOTE: This course counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. RESTRICTION: Students may not enroll in both Alternative Dispute Resolution and Negotiation (JD921).

3 credits

This seminar will explore the Constitutional and statutory law related to Native Americans, Indian reservations, and tribal governments. The seminar will examine the historical foundations of Indian law and the current legal structures that govern the relationship between the United States and tribal nations. Students will spend significant time on issues surrounding tribal sovereignty, traditional cultural practices, self-determination, and social justice. Students will gain an understanding of the basis for modern Indian law and the complex legal issues facing native communities in the United States and abroad. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

Var credits

American Journal of Law and Medicine - 2L Journal Member

Var credits

American Journal of Law and Medicine - 3L Editor

3 credits

What legal protections --if any-- do animals truly have? How does the law define their worth, their suffering, or their right to exist free from harm? Introduction to Animal Law invites students into a complex and rapidly evolving field at the intersection of legal theory, ethics, and our relationship with non-human animals. We begin by exploring foundational questions: What is the legal status of animals? Are they property, persons, or something in between? From there, we'll examine the legal frameworks that govern human-animal interactions across a wide range of contexts - animals as victims of abuse, as food, as companions, as research subjects, and even as consumers of antibiotics. Along the way, we'll consider the role of animals in entertainment, agriculture, and wildlife policy, highlighting both the explicit and hidden ways the law shapes their lives — and ours. Though the course centers on U.S. Law, it will include comparative and international perspectives to explore how different societies conceptualize animal rights and welfare. A central inquiry will be the motivations behind human efforts to protect animals: Are these rooted in compassion, utility, justice — or something more complex? We will also tackle one of the most pressing legal dilemmas in the field: who was the right to speak for animals, and under what circumstances can humans represent them in legal proceedings? The course is open to all students — no prior legal experience required. Students will be expected to engage critically with readings and contribute thoughtfully to discussions. Rich in legal debate and ethical complexity, animal law challenges us to rethink our most basic assumptions about rights, representation, and justice across species lines. NOTE: There will be a midterm exam and a final (3,000 word) research paper. UPPERCLASS WRITING REQUIREMENT: A limited number of students may use this class to partially satisfy the requirement.

3 credits

The healthcare industry has been a leading target of antitrust enforcement over the past two decades, and most of that has focused on the conduct of pharmaceutical companies. The high cost of prescription drugs is one of the biggest public policy challenges of our time and is now an issue squarely in the cross hairs of federal and state antitrust enforcers. The cases that result feature the application of traditional antitrust principles, formed over the last century, to a unique industry with atypical economics, complex regulatory schemes, and extensive enforcement of patent rights. At every turn, courts and regulators must balance the need to promote price-reducing competition with the need to maintain incentives for massive private R&D investment. This seminar will serve as an introduction to those cases. It will focus on the most common antitrust matters that arise from the competition between branded and generic drugs. It will also survey other hot topics at the antitrust-healthcare intersection more broadly, such as hospital and health system mergers. The course will also serve to develop practical lawyering skills--including how to critically analyze precedent, how to frame and to communicate advice to clients when legal standards are uncertain, and how lawyers shape the law. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement either partially or in full. **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.

4 credits

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.

3 credits

This class is restricted to third-year students who applied and were accepted as directors of the BU Law Moot Court programs (Stone and Albers). NOTE: This class may be used to satisfy the Upper-class Writing requirement.

3 credits

THIS CLASS IS RESTRICTED to students who have applied to and been accepted by the Appellate Clinic. It is the companion seminar to the clinic¿s fall fieldwork. The seminar provides substantive and skills-based training that will support your client work. Seminar focuses on the mechanics of written and oral appellate advocacy and the substantive areas of law the clinic is currently litigating. Seminar addresses each stage of the appellate process so that students develop an understanding of how to litigate an appeal from start to finish. In the fall, seminar will focus on early stages of the appellate process, including identifying strong appeals, building relationships with clients at the appellate stage, filing a notice of appeal, mediation, working with a complicated record, and outlining, researching, and drafting opening briefs. PRE/CO-REQUISITES: Professional Responsibility. Federal Courts is highly recommended as a pre-requisite or co-requisite but is not required. NOTE: The Appellate Clinic counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have applied to and been accepted by the Appellate Clinic. It is a continuation of the companion seminar that clinic students took in the fall to support their client work. The seminar provides substantive and skills-based training that will support your client work. Seminar focuses on the mechanics of written and oral appellate advocacy and the substantive areas of law the clinic is currently litigating. Seminar addresses each stage of the appellate process so that students develop an understanding of how to litigate an appeal from start to finish. In the spring, seminar will focus on later stages of the appellate process including response and reply briefs, oral argument, and filing letters regarding supplemental authority. PRE/CO-REQUISITES: Professional Responsibility. Federal Courts is highly recommended as a pre-requisite or co-requisite, but is not required. NOTE: The Appellate Clinic counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

As AI (artificial intelligence) systems take over more of the human decision-making process in business, medicine, government, and in people’s personal lives, we face the task of applying and updating existing law, policy, and norms from a time before the proliferation of AI. This course provides an introduction and preparation for practice for students who will be launching their legal careers as AI grows increasingly important in law and lawyering. In this course, you will: • Analyze AI's Legal Impact: Investigate important new cases in foundational law areas (contracts, torts, property) where AI is involved, looking for novel legal issues and common threads. • Consider Broader Consequences: Evaluate the economic, environmental, and social effects of AI, including how current biases might transfer to AI-driven processes. • Track AI Governance: Explore emerging AI laws and regulations and develop tools for analyzing ongoing policy developments in this space. • Learn the Basics: Master fundamental AI concepts and terminology sufficiently to discuss AI confidently with attorneys and potential clients – no science or tech background necessary. • Understand the Enduring Role of Lawyers: Understand that while AI will reshape many aspects of law, it will underscore, rather than eliminate, the need for the critical thinking and advocacy skills of good attorneys. Given the subject of the course, the use of generative AI tools is encouraged. This can include getting summaries of optional readings and exploring and researching writing assignments. The only caveat is that you must adhere to BU Law’s policy on plagiarism and the use of AI. We will discuss in class the value and drawbacks of using these tools in conjunction with your own critical thinking, expertise, and analytic skills. Note: As a relatively new course at BU Law addressing a rapidly evolving field, participants should anticipate a dynamic learning environment that requires flexibility and adaptability – skills crucial for navigating the broader digital transformations ahead. Final exam and multiple written assignments. UPPERCLASS WRITING REQUIREMENT: Students may partially satisfy the requirement with a 3,000 word research paper.

4 credits

This course focuses on corporate reorganization and corporate finance. We will study the legal requirements for reorganization plans under Chapter 11 of the Bankruptcy Code, as well as the use of going concern sales outside of Chapter 11. We will study important doctrinal issues relating to reorganization of corporate groups, including substantive consolidation and equitable subordination. We will investigate avoidance actions in bankruptcy, including preferences and fraudulent conveyance, and the treatment of pre-bankruptcy contracts. Other topics include the financing of corporate debtors in bankruptcy and workouts and duties to creditors outside of bankruptcy. Finally, we will also introduce and ultimately master some basic tools of corporate finance--present value, expected value, and risk and diversification. PREREQUISITE: Business Fundamentals, Corporations.

2 credits

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.

3 credits

The subject of the course is the translation of medical technologies into new products and services for the healthcare system. The course begins with a rigorous study of intellectual property, licensing and the core aspects of planning, creating, funding and building new entrepreneurial ventures. Concepts and tools are presented for assessing new technologies and their potential to be the basis for a new entrepreneurial venture. Comparisons will be made of how technologies can be sourced and commercialized out of three very different environments: universities, national laboratories and corporate laboratories. Cross-disciplinary teams of students will be formed which will evaluate translational research projects currently being developed at Boston University and their potential for transformation into a start-up company to commercialize the technology, providing a unique linkage between the scientific research activities of the university and the professional schools. Each week there will be a case study which will discuss examples of both success and failure in technology commercialization. Some of these case studies examine Boston University life sciences spin-out companies, and the founders and CEO's of these ventures will share their experiences with the class. NOTE: This course meets at the School of Management and will be treated as a non-law course on the law transcript. The course and grade will appear on the transcript, however the grade is not factored into the law g.p.a.

3 credits

This course provides an in-depth exploration of the intersection between business operations and human rights, equipping students with the knowledge and analytical tools to assess corporate responsibilities in a globalized world. Students will critically examine international human rights law and analyze its impact on corporate practices and the evolving Business and Human Rights agenda. The course will cover key frameworks, including the UN Guiding Principles on Business and Human Rights, and introduce sector-specific human rights due diligence approaches. In addition to examining international and regional developments—particularly in the Inter-American and European systems—students will also analyze domestic legal frameworks in the United States, Germany, and France, as well as the European Union Directive on Corporate Sustainability Due Diligence. These comparative perspectives will help students understand how different jurisdictions are advancing corporate accountability for human rights impacts. By the end of the course, students will be able to evaluate corporate human rights obligations, understand the legal and ethical dimensions of business activities, and critically assess strategies for mitigating human rights risks in various industries. Final research paper and presentation required in lieu of final exam. UPPER-CLASS WRITING REQUIREMENT: This class may be used to partially satisfy the requirement.

0 credits

Introduction to Business Fundamentals is an online, self-paced, asynchronous program forming a required part of the JD curriculum. 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. It is a graduation requirement for JD students. 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.

2 credits

This course will provide an overview of business immigration law, with a particular focus on how various federal administrative agencies are engaged in shaping a complex, multidisciplinary immigration law ecosystem for employers. In addition to a substantive overview of nonimmigrant and immigrant visa classifications throughout the course, we will explore how immigration laws are informed by, and overlap with, other key areas such as corporate and securities law, employment and labor law and tax law. Topics will include entity formation of new businesses; visa challenges in entrepreneurship; immigration obstacles faced by multinational businesses; immigration consequences of mergers and acquisitions; the intersection of business immigration with employment laws; enforcement trends targeted at employers; and the role of the IRS and tax laws in business immigration. We will also briefly review administrative law basics, explore the parameters of executive power in shaping business immigration law, and examine the plenary power of the President over immigration. Throughout the course, we will discuss how debates about outsourcing, unemployment and national security, among others, inform a complex national discussion about business immigration. We will also identify, examine and discuss core professional responsibility issues that arise in business immigration practice. There are no prerequisites for this course. There is no writing requirement, but there will be weekly quizzes and a final examination. Class attendance and participation are essential.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to one of the four clinics in the Civil Litigation and Justice Program. These clinics are: the Access to Justice Clinic (A2J), the Appellate Clinic, the Civil Litigation Clinic (CLC), and the Consumer Economic Justice Clinic (CEJC). Students in the Civil Litigation and Justice Program handle their own caseloads and/or systems change projects under the supervision of clinical faculty. Students participate in the Program for the full year through one of the four clinic options. NOTE: The Civil Litigation and Justice Program counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Access to Justice Clinic of the Civil Litigation and Justice Program. This seminar continues the coursework of the fall semester in examining the larger societal context of students' fieldwork representing poverty-law clients in family, housing, employment, and disability cases. Students will actively analyze and address the intersections of the legal system with the multiple systemic barriers their clients face (e.g., gender, race, class, disability). In addition to the skills and legal knowledge relevant to representation of clinic clients, seminar discussions and projects will focus on proposed solutions to the systemic challenges faced by those clients, and situate them within current theories of law as a tool for social justice. NOTE: This course counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation and Justice Program. Trial Advocacy is the companion spring classroom component for students in the Civil Litigation Clinic. Trial Advocacy classes are devoted to learning the theories of practice for use in the field, reinforced by activities and simulations in which students practice skills through role play, NOTE: This course counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

4 credits

This course is about civil and criminal enforcement of constitutional rights and other federal rights against government officials. The primary focus is on civil rights litigation in federal courts against state officials under the civil rights statutes passed in the wake of the civil war, including 42 U.S.C. ¿ ¿1983, 1981, 1982 and 1985 on the civil side and 18, U.S.C. ¿¿ 242 and 249 on the criminal side. The criminal segment of the course will be taught by an Assistant United States Attorney in charge of the Public Corruption and Special Prosecutions Unit and the Civil Rights Enforcement Team in the District of Massachusetts. Criminal issues include prosecutions of police officers for violating the civil rights of arrestees and hate crimes. On the civil side, we will examine the rights that give rise to civil rights action and, to a lesser extent, the scope of those rights. The kinds of cases include police brutality, unlawful searches and seizures and discrimination in government jobs. The issues that arise include many statutory questions, such as identification of proper parties to 1983 actions, and judge-make defenses, such as official and state immunities from damages actions and injunctive suits. We will also look at federalism and eleventh amendment limitations on congressional power and federal court remedial power in 1983 actions, although coverage of these issues will not be as thorough as in Federal Courts. The standards for holding local governments liable for damages will also be examined. Our major foray into the substance of constitutional rights will be with regard to the role of state remedies and defendant's state of mind for fourteenth amendment procedural due process violations. We will also look at substantive constitutional rights such as police brutality, medical care for prisoners and detainees, high speed police chases and other similar areas. There will also be some coverage of remedies against federal officials directly under the constitution and remedies against private individuals for civil rights violations. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

2 credits

This seminar will provide students with the foundations of client interviewing and counseling and offer opportunities to develop the real-world skills necessary to effectively work with clients. We will discuss different styles and contexts of counseling clients, as well as examining client counseling at several stages of the attorney-client relationship, including the initial client meeting, client interviews, and strategically guiding the client's decision-making as the matter evolves. Students will not only study methods of effective client counseling; they will practice client counseling skills by participating in a variety of hands-on activities, including conducting mock interviews, role plays, and case conferences. The course has multiple points of assessment including class participation, short written assignments, and client counseling simulations. NOTE: This class counts toward the 6 credit Experiential Learning requirement. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement.** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar surveys the legal system of the People’s Republic of China, using China as a vehicle to explore and understand broader questions about law and legal comparison. Topics covered include China’s basic political and economic structure, courts and dispute resolution, and selected topics in constitutional law, property law, corporate law, data regulation, foreign investment, trade, and international law. The seminar is designed to be accessible to all students, including those without prior knowledge of China, who are interested in understanding the legal dynamics of an increasingly important global power. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar, 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.

Var credits

THIS CLASS IS RESTRICTED to students who have formally applied and been accepted to the Compassionate Release Practicum. In April of 2018, Massachusetts joined 44 states and the federal government in providing a statutory mechanism by which terminally ill and/or permanently incapacitated inmates could be released on so-called medical parole. The new statute was a result of ongoing compromises as part of the omnibus criminal justice reform bill, and pending constitutional litigation which became moot. To date only one person has been released. The intent of the practicum is to engage students both in direct representation of inmates not otherwise entitled to counsel, and in brainstorming and developing solutions in this new and rapidly developing area of law. Students will learn about legislative history and lobbying, about statutory construction, FOIA, and about the constitutional underpinnings of compassionate release. Students will learn and demonstrate drafting, client counseling and negotiation skills. This practicum can be taken for one (50 hours) or two (100 hours) graded credits. Students will write a total of twenty pages, which likely will include a petition for release, and a superior court complaint and motion for judgment on the pleadings. Students will in addition write two journal reflections. There will be a weekly one hour seminar at a time arranged with the students. The final grade is based on class participation, revised writing and journal reflections. NOTE: The Compassionate Release Practicum counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

1 credits

This class is designed to prepare and support the 3L members of BU Law's extramural moot court teams who also serve as Stone and Albers competition preceptors. This seminar will focus on improving students' appellate brief writing skills through a series of course meetings that involve skills training and in-class exercises. The seminar will meet weekly as a group for the first half of the semester and will focus on competition brief writing skills, including research, organization, persuasive writing, and editing. The course will make use of former competition problems to prepare students to write their competition briefs in their specific competitions. For the second half of the semester, students participating in the National Moot Court competition (who serve as Albers preceptors in spring) will meet on an arranged schedule to conduct at least six one-hour formal oral argument practices. The National Moot Court competition students will also be required to write a reflection paper due no later than two weeks after the close of their competition. Students participating in spring competitions will serve as Stone competition preceptors, scoring briefs or oral arguments. These Stone preceptors will meet to work on editing and feedback skills. There will be no final exam. Note that students who are participating on extramural moot court teams that are assigned to serve as either Stone or Albers preceptors must still serve as preceptors even if they do not enroll in this course. ENROLLMENT LIMIT: 25 students. GRADING NOTICE: CR/NC graded. NOTE: This class may not be used to satisfy the Upper-class Writing Requirement. 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.

1 credits

This class is designed to prepare and support the 3L members of BU Law's extramural moot court teams who also serve as Stone and Albers competition preceptors. This course will focus on improving students' appellate oral advocacy skills through a series of course meetings that involve skills training and in-class exercises. For the first month of the semester, the seminar will meet weekly as a group and will focus on oral advocacy skills, including how to prepare, argument organization, and presentation best practices. For the remainder of the spring semester, students participating in spring competitions will meet on an arranged schedule to conduct at least four one-hour oral argument practices for their competition and to attend and to serve as judges for at least two other one-hour oral argument practices for other competitions. Students serving as Albers preceptors will score briefs and oral arguments. These Albers preceptors will meet to work on editing and feedback skills. All students participating in spring competitions will be required to write a reflection paper due no later than two weeks after the close of their competition. There will be no final exam. Note that students who are participating on extramural moot court teams that are assigned to serve as either Stone or Albers preceptors must still serve as preceptors even if they do not enroll in this course. ENROLLMENT LIMIT: 25 students. GRADING NOTICE: CR/NC graded. NOTE: This class does not satisfy the Upper-class Writing Requirement. 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.

4 credits

This course provides a deep dive into compliance with the U.S. and international laws and regulations governing risk management in global business. The need for compliance professionals across the globe has never been greater. We will study Anti-Money Laundering and Sanctions regimes, and examine the requirements for a best-in-class compliance program. The course will highlight compliance obligations of global corporations and financial institutions, starting with senior management commitment, the role of in-house counsel, compliance officer and outside counsel when implementing new regulations, remediating identified deficiencies, launching new products or taking steps to leading organizational transformation, including focus on FinTech, payments, digital assets/blockchain and role/impact of the Artificial Intelligence component. The laws and regulations in scope will include, among others, the Bank Secrecy Act, the USA PATRIOT Act, OFAC sanctions regulations, the European Union Anti-Money Laundering Directives, US Export Administration Regulations, as applicable, as well as pertinent aspects of the Virtual Assets Regulatory Authority regulations as one of the case studies in the evolution of a global regulatory regime.

2 credits

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.

2 credits

This course will introduce students to the key concepts of construction law. The course takes students from pre-construction through project execution, and addresses the issues and conflicts that frequently arise during the construction process. Although portions of the course will address issues of contract law and dispute resolution, the course focuses on issues that are particular and unique to construction.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation and Justice Program ¿ Consumer Economic Justice Clinic. In addition to the clinic fieldwork, students will attend a weekly classroom seminar. The fall seminar will cover substantive consumer law as well as theories and policies that explain the current state of consumer protection and economic injustice. Students will learn about key state and federal consumer protection laws including the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, The Truth in Lending Act, M.G.L. Chapter 93A (also called the "Massachusetts Consumer Protection Law") and how these laws may be used to move low-income consumers towards economic justice. PRE/CO-REQUISITES: Evidence and Professional Responsibility. NOTE: This course counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation and Justice Program ¿ Consumer Economic Justice Clinic. In addition to the clinic fieldwork, students will attend a weekly classroom seminar. In the spring seminar, students will explore the role of consumer protection laws and theories as a means to economic justice. Students will also reflect on their experiences from the fieldwork and how they relate to larger systemic problems. In the Spring Semester, the seminar will apply a macro lens to analyze the causes of individual consumer legal problems, including government and policy reasons, and the causes of economic injustice as a systemic problem. Students may also research and write papers for publication (e.g., comments on a proposed bill, a policy paper, or a know-your-rights article) about a consumer law issue. PRE/CO-REQUISITES: Evidence and Professional Responsibility. NOTE: This course counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

Having taken the 1L Constitutional Law course (a pre-requisite for this seminar), students taking this course will do a deeper dive into the issues where the Constitution comes alive in our daily lives -- the ways in which citizens in general and lawyers in particular need to understand the role the Constitution plays in political and social debates over free speech, voting rights, reproductive rights and so much more. The course will cover several issues currently on the Supreme Court's docket, and the course topics will intersect with developments in the news on a regular basis. There is no exam. Students will be required to write a paper on an issue of their choice. Grades are determined by the quality of the paper and class participation. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement either partially or in full. ** 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.

3 credits

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 also 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. The course also considers various ethical issues that may arise in the contract drafting and review process and in transactional practice generally. Grades will be based on class participation and graded drafting assignments. CLASS SIZE: 12 students. UPPER-CLASS WRITING REQUIREMENT/EXPERIENTIAL LEARNING REQUIREMENT: This course is a designated Professional Writing Course which may be used to partially satisfy the Upper-Class Writing Requirement (with a grade of B or higher) or the 6-credit Experiential Learning Requirement, but not both. 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 cannot accommodate flexibility in attendance.

3 credits

This course will give you an introduction to copyright, including a foundation in the theories underlying copyright law, an understanding of the current contours of copyright protection, the basic elements of proving infringement, the fair use defense to and remedies for infringement, and familiarity with related forms of liability such as contributory and vicarious liability. Each class meeting will consist of a combination of lecture and class discussion. Our discussions will focus on discussion of the reading ¿ including cases and policies ¿ and applying the reading to new scenarios. We'll work through hypotheticals based on real-world examples and explore scenarios that will require you to think from a variety of different perspectives. Grading will be based on class participation, including problem sets and hypotheticals worked on in groups, and a 3-hour, closed book, final exam.

Var credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is the companion fieldwork component for students enrolled in the Corporate Counsel Externship: Seminar. Students will work at legal offices of for-profit and nonprofit companies in unpaid or paid placements. Students will receive 3-9 variable P/F credits for working at their placements. Each credit requires 50 hours of work over the course of the 13-week semester (averaging 4 hours per week). COREQUISITE: Corporate Counsel Externship Seminar (JD 896). NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement.

2 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is a 2-credit graded seminar for those students doing fieldwork in Corporate Counsel offices that meets every week for 1.5 hours. The seminar will cover a range of topics and competencies essential to the day-to-day role of a lawyer in the corporate counsel offices of for-profit and nonprofit companies, such as: understanding the modern and future role of corporate counsel offices, on a global scale; exercising executive leadership; representing a business entity through its constituents; becoming both a trusted legal advisor and strategic business partner to the corporate client; upholding confidentiality and ethical standards; learning the client's business; understanding the role of regulatory compliance; communicating effectively in a business setting; managing priorities and crises; collaborating with multi-disciplined teams; and solving problems with workable solutions that enable the client's objectives. To maximize the students' growth over the semester, the seminar will also teach students how lawyers learn from practice, build strong supervisory and mentorship relationships, build cultural competence, reflect and self-assess, and set and measure progress on professional development goals. Students will write reflective papers, make oral presentations, and complete other work as required by the instructor. COREQUISITE: Corporate Counsel Externship Fieldwork (JD 954). NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement.

3 credits

This course covers the foundations of corporate finance. It starts with the concepts of time value of money, discounting, and present value. With that background it then considers the major financial decisions made by corporate managers. Topics include the valuation of financial assets and liabilities, criteria for making investment decisions, business valuation, relationships between risk and return, portfolio theory, market efficiency, capital structure choice, and cost of capital. PREREQUISITE: Business Fundamentals, Corporation

3 credits

Corporations play a central role in our society. What corporations do, and how they do it, depends on the legal rules and other forces that govern them. The course examines the most important aspects of corporate governance by analyzing real world examples. The course considers the relationship between directors and executives, and the role that mutual funds, venture capital funds, hedge funds and private equity funds play in corporations and the capital markets. We will consider the objectives and the behavior of each of these groups, and the laws and practices that shape their actions. We will also consider the social and environmental responsibility of corporations, and how corporations--and the rules and institutions that shape their operation--affect our society. There will be no exam. Instead, students will be assessed on a course paper and their class participation. PREREQUISITE: Corporations (may be waived with instructor's permission). UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement.

4 credits

Course about the legal structure and characteristics of business corporations. Topics include the promotion and formation of corporations; the distribution of power between management and shareholders; the limitations on management powers imposed by state law fiduciary duties and federal securities laws; shareholder derivative suits; capital structure and financing of corporations; and fundamental changes in corporate structure, such as mergers and sales of assets. Hirst¿s Section: This section covers similar topics, but has a different emphasis and approach, involving fewer cases, and more exercises and analysis of real-world transactions and documents, including from Tesla, Twitter, and Boeing. The course involves self-directed learning through the submission of multiple choice quizzes, and some use of corporate-finance-style numerical analyses. Laptops and similar devices are generally not permitted without an accommodation. The course serves as a prerequisite to advanced courses. PREREQUISITE: Business Fundamentals.

3 credits

The seminar will examine the role of the courts in both enabling and hindering the remarkable social/political/cultural shifts that have made it possible for many lesbian, gay, bisexual and transgender Americans to participate more fully in our common life while being as open as they choose about who they are, creating for many of us a changed landscape impossible to have imagined a just a few decades ago. The First Amendment will be a primary focus, although the questions posed will inevitably spill over into considerations of the Due Process and Equal Protection provisions of the Fourteenth Amendment. Our perspective will be critical, recognizing evolving openness in the courts where it appears and at the same time calling out the conscious, unconscious and systemic bias that continues to pervade the law. The plan is to begin with the unlikely emergence of the First Amendment as a friend to LGBT folk in the otherwise hostile legal landscape of the Fifties. Then, we will track how, fertilized by the African-American civil rights and feminist movements of the Sixties and early Seventies, the right to speak burgeoned into the right to participate openly in civic venues that were formerly off limits. We will look at how, and to what extent, the role of the state as guardian of gender conformity lost much of its power to impede openness and equality for people who had historically been regarded as simply beyond the pale of community. We will examine the ¿red lines¿ that queer people were forbidden to cross, like the scouts, the military, athletics, parenting and marriage; and the extent to which those lines have eroded or become more rigid. We will assess the ¿blowback,¿ such as the spate of laws forbidding discussion of sexual orientation and gender identity in the schools; laws targeting transgender individuals; and the increasing use of the First Amendment to create exemptions to public accommodation laws. Finally, we will think together about the advantages and possible drawbacks of the strategies employed to advance equality for LGBTQ folks as these strategies relate to the larger struggle for human liberation and for the fostering of an environment that makes it easier for the planet and its inhabitants to thrive. To help facilitate this discussion, one or more sessions will, if feasible, include practicing attorneys working in this area of the law. There will be final paper in lieu of an examination. Grades will be based on the paper and class participation, including weekly response papers to the material covered in our weekly sessions. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar, 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

3 credits

This IP seminar studies the complicated relationship of access and ownership in the development and sustainability of IP-rich communities in the internet age. Students read intensely for the first half of the semester about particular creative and innovative communities and their IP practices, e.g., video game developers, graffiti artists, biomedical engineers, podcasters, photographers, chefs, jewelry designers, app developers (the list is endless!). In this first part of the course, students write short response papers and discuss the material. They will also begin formulating a plan for the second half of the semester, in which they will choose their own a creative or innovative community to study in depth. The second half of the semester supports the student in that research project, identifying the community, gaining access to evidence about that community, analyzing the evidence, and developing legal analysis of intellectual property issues for that community. We workshop the individual projects as a group, read proposals together, and continue with our reading on intellectual property issues that relate to the chosen projects. The final project is a combination of (1) facts/evidence about the community, (2) a written analysis of the facts, (3) legal proposals to aid the achievement of its goals as a creative or innovative community, and (4) a short presentation to the class of the findings/analysis. COREQUISITE/PREREQUISITE: Intellectual Property, Copyright, Trademark, or Patent Law. GRADING NOTICE: This course does not offer the CR/NC/H option. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

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 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.

3 credits

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.

4 credits

This course covers the same subject areas as Criminal Procedure A and Criminal Procedure B, although less intensively. This course is suitable for those who want to cover both the investigatory process and the adjudicatory process in one semester. More specifically, this course surveys the constitutional rules that govern investigation, prosecution, and adjudication in the criminal process, rules that derive primarily from the 4th, 5th, 6th, and 8th Amendments. Topics include police powers and limits in searches and seizures (e.g. stops, frisks, arrests, excessive force, profiling, and surveillance), police interrogations (Miranda), the exclusionary rule (the suppression of evidence obtained unconstitutionally), bail and detention, the right to counsel, the right to trial by jury, grand jury proceedings, prosecutorial charging and discretion, double jeopardy, discovery and exculpatory evidence, plea bargaining, jury selection, and the rights to a public, speedy, and fair trial. We will discuss policy and practical considerations as well as the governing constitutional doctrines, and classroom demonstrations will illustrate the course material. RESTRICTION: Students may not enroll in this section and Criminal Procedure A or B.

3 credits

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 B focuses on adjudication, that is, focuses on the constitutional rules of the criminal process from arrest to sentencing and appeal ("bail to jail"), particularly under the Fifth, Sixth, and Eighth Amendments. Topics include the right to counsel, effective assistance of counsel, pretrial release and detention, charging, grand jury, prosecutorial discretion, discovery, double jeopardy, plea bargaining, jury vs. bench trial, jury selection, speedy trial, confrontation, jury instructions, proof beyond a reasonable doubt, sentencing, and appeals. RESTRICTION: Students may not enroll in this section and Criminal Procedure AB.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. This course meets in the fall and is mandatory for all 2L students in the Criminal Law Clinical Program. Criminal Trial Advocacy focuses on teaching courtroom skills in the context of criminal trial litigation. NOTE: The Criminal Law Clinical Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

5 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice I is mandatory for students before advancing to CTP2. 2Ls take the course fall or spring, as determined in consultation with the Director of the Criminal Law Clinical Program upon acceptance to the Program. 3Ls take the course in the fall. The course consists of a fieldwork and classroom component. The classroom component provides students with an introduction to Massachusetts criminal procedure and basic instruction in lawyering skills such as case planning and investigation. For their fieldwork, students are assigned to cases handled by senior members of the Program and conduct tasks out of court such as legal research, fact investigation, witness interviews and preparation. Students spend one morning a week in court observing and second-seating the cases they have helped to prepare. Students will receive more information about which morning they must have available for court before they must register for all courses. NOTE: The Criminal Law Clinical Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

8 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice 2 is for students in their second semester of the Program who have been assigned to the Defender section. Students represent clients charged with criminal offenses in either the Boston Municipal Court or the Boston Juvenile Court, handling felony and misdemeanor cases of increasing complexity under the supervision of the clinical professor. Students gain exposure to lawyering experiences such as investigation, interviewing, counseling, and trial advocacy. Students must be available to be in court two full days a week. Students will receive more information about which days they must have available for court before they must register for all courses. PREREQS: Evidence; Trial Advocacy or Criminal Trial Advocacy; Criminal Procedure (Comprehensive, Constitutional, or Adjudicatory). NOTE: The Criminal Law Clinical Program counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

Var credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice 2 is for students in their second semester of the Program and who have been assigned to the Prosecutor section. Students serve as prosecutors in the Quincy District Court on behalf of the Norfolk County District Attorney¿s office, handling felony and misdemeanor cases of increasing complexity under the direct supervision of the clinical faculty member. Students are exposed to a wide variety of experiences, including investigation, interviewing and trial advocacy. Students litigate evidentiary hearings and conduct every phase of jury and bench trials. Students collaborate but serve as the lead prosecutors on their own cases. Students in the Prosecutor Clinic may choose to enroll for 5 or 8 credits. Students must be available to be in court two full days per week. Students will receive more information about which morning they must have available for court before they must register for all courses. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

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.

3 credits

This seminar explores the ways in which the tools (both print and electronic) used to conduct traditional legal research serve as hegemonic forces that reinforce the status quo and entrench societal oppressions. It also attempts to apply principles of Critical Race Theory to the legal research process both to uncover these hegemonic forces and to explore ways to overcome them. It draws on the work of Professors Richard Delgado and Jean Stefancic and the innovative and novel ideas and theories being developed by newer, emerging, scholars applying the approach that is now known as Critical Legal Research (CLR). This they apply to their research, their pedagogy, and their research agendas. Indeed, Critical Legal Research has become a movement within law libraries and within the scholarly community. This research seminar can be described as a part of that movement. It is designed to meet the needs and serve the interests of aspiring public interest lawyers, students interested in social justice issues, and students interested in applying the principles of Critical Legal Studies or Critical Race Theory to their contemporary legal research projects, research behaviors, or legal studies. It complements the growing array of seminars and other courses offered here at BU Law that examine the practice of law through a critical lens. Topics to be covered include the legal research process, the limitations inherent in each step of that process, emerging critical approaches to conducting legal research, critical legal scholarship, critical race theory more specifically, and emerging legal research technologies and the specific shortcomings attributable to each. PREREQUISITE: Successful completion of both Lawyering Skills I and Lawyering Skills II. UPPER-CLASS WRITING REQUIREMENT: The capstone of this course will be a 6,000-word paper on a contemporary issue of justice OR an area of critical legal scholarship of interest to the student. This paper may serve as the foundation for a law review note or a foundation for completion of the Upper-Class Writing Requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

In the mid-1980s, a scholarly movement to become known as "Critical Race Theory" (CRT) developed in legal academia. Early critical race theorists--including Derrick Bell, Mari Matsuda, Charles Lawrence, Richard Delgado, Kimberle Crenshaw, and Patricia Williams--challenged the substance and style of conventional legal scholarship. Substantively, race crits rejected formal equality, individual rights, and colorblind approaches to solving legal problems. Stylistically, critical race scholars often employed new methodologies for legal scholarship, including storytelling and narrative. The Critical Race Theory Colloquium is designed to expose students to core CRT principles and interrogate CRT's possibilities and limitations. This endeavor will require students to think critically about race and racism in conjunction with other intersecting structures of oppression and hierarchy. The Critical Race Theory Colloquium employs a workshop-format that enables students to engage leading scholars in the field of Critical Race Theory. The first part of the semester will involve a general overview of Critical Race Theory. During the remaining meetings, invited scholars will present works-in-progress for discussion. To prepare, students will write short reaction papers that include three questions for further discussion. Final grades depend on the reaction papers, class participation, and attendance. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

The expanded use of technology in all aspects of our lives provides tremendous opportunities and creates constantly evolving risks – and has resulted in a patchwork of legal responses. This course will explore the rapidly changing landscape of cyber law, focusing on the legal framework, policy issues, and practical application of these laws. Specifically, the course will cover cyber crime, including cyber-enabled fraud schemes, computer “hacking,” and nation-state cyber activity. The course will also cover cyber security and privacy issues, and the impact of technology on data collection and electronic evidence gathering. We will analyze the framework of both constitutional law and relevant domestic statutes related to data collection, and the intersection of domestic and global concepts of data privacy. Students will explore the strategies used to respond to these challenges by individuals, businesses, governments, and regulatory agencies.

3 credits

This readings seminar will focus on emerging issues of civil liberties in our digital society, with special attention paid to privacy and freedom of speech in the age of social media, platforms, and artificial intelligence. We will explore the potential and dangers of the Internet revolution in communications, and how it is affected by the activities of users, by companies like Google, Facebook, and Twitter, and by government attempts to restrain or shape the evolution of online activity through law. The course will be structured around discussions of principal readings of relatively recent (and readable) books and articles, including the possibility of videoconferencing or in-person lectures with some of the authors to discuss their work. There will be three student papers required ¿ two short papers due during the semester providing a critical review of one of the readings chosen by the student, and a slightly longer paper due at the end of exams comparing and critiquing two of the principal readings. In addition to gaining a deeper understanding of the topics of the books, we will work on developing essential skills for lawyers of close reading and clear and persuasive writing. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar. 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.

3 credits

This course will consider how the evolution and global reach of technology in the areas of criminal practice and privacy rights has created an environment and area of the law that is frequently enacted only to be outpaced, eclipsed, and rendered irrelevant almost immediately by the very thing it seeks to regulate. This course provides an overview of cybercrime, privacy rights, and digital evidence practice; focusing on the current legal and technical landscape facing investigators and prosecutors in our justice system as they respond to the now commonly overlapping digital, cloud, and physical crime scenes. This course will give students the ability to assess current issues in this space using real-world examples. Students will examine the various constitutional protections afforded to users in the digital space, the law and policies that govern detection and prosecution, using this evidence in investigative practice, understanding the principles of digital search and seizure, and privacy rights vs. privacy protections. This course provides a summary of this fast-growing area of the law arising out of digital evidence investigation as it is used in criminal law as well as in areas of collateral civil practice. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

What we earn, owe and own will soon be represented only by bits in a computer, but we are only beginning to understand the benefits, risks and legal pitfalls associated with this change. While crypto currencies have dominated the news, they are only part of the larger global conversion to digital money and property representations that is underway. In Norway, over 95 of consumer transactions are now made with digital fiat money, California is working on converting its entire car title system from paper to digital and virtually all central banks are working on introducing national digital currencies. The impact of digitization will cut across property law, banking and finance, secured transactions, consumer rights, bankruptcy and many other areas of law - all of which this seminar will explore. The relationship between money, the reach of government and the impact on societal wealth and inequalities will also be considered over the course of the semester -- as well as the potential for government to limit privacy and control behaviors using digital money and payment systems. The goal of this seminar will be to explore and understand current issues, but more importantly, to equip students with a framework to understand and apply the law to evolving and new forms of money and digital property throughout their careers. Over the course of the semester, we will review and study various laws that govern money, property rights and debt with a focus on recent changes to the Uniform Commercial relating to digital assets and currency including Article 12 on Controllable Electronic Records. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement.

3 credits

This seminar surveys the evolution of federal law as it relates to people with disabilities. We will cover disability discrimination in the areas of employment, education, government services, public accommodations run by private entities, and housing. In exploring these areas we will examine relevant case law and statutes (i.e. the ADA and its amendments, the Rehabilitation Act of 1973, the IDEA, and the Fair Housing Act) and their implementing regulations and guidance. In addition to studying legal authorities, we will engage in practical classroom exercises and hear from attorneys practicing in disability law-related settings. Readings will be provided. Grades will be based on class participation and a final paper. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

Graduate Prerequisites: QST HM703, QST FE712 or FE722, QST MK723 or MK724, QST SI750 or SI751 - This course will examine issues and opportunities in life sciences focused on the pharmaceutical, biotechnology, medical devices sectors and the life sciences service industry supporting these sectors, through the eyes of the CEO. The course will investigate who manages these companies and what are the strategies that are used to build successful enterprises. Students will be introduced to individuals and institutions at every stage of the development cycle from idea generation and start-up fundraising to manufacturing, commercialization and global expansion. We will specifically look at key elements of strategy and the execution by examining companies, that have either succeeded or failed, by discussing the pros and cons of different approaches and teasing out the lessons one can derive from leaders in the field and case studies examining their approaches.

REMINDER: This is a QST course. Students cannot register through WebReg. Students who register for the class and want law credit must add the course to their law transcript by completing an add form at the Law Registrar's Office before the end of the add/drop period for that semester.

3 credits

This seminar will explore the economics of intellectual property law. There are no prerequisites. The readings for the seminar will consist of Cass and Hylton, Laws of Creation (2013), and several cases and articles. The seminar will emphasize understanding the policy justifications for the major doctrines in intellectual property. The topics studies will include patent law, copyright law, trademark law, trade secret law, and the intersection of antitrust and intellectual property. ENROLLMENT LIMIT: 14 students. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement.

3 credits

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. Course assessment will include a take home examination. Class participation will also factor into final grades.

3 credits

The purpose of this seminar is to teach students how to take and defend effective and ethical depositions. The course involves both a simulated deposition component and a professional responsibility component. Simulated Deposition Course Component: Students will be divided into firms representing either the Plaintiff or the Defendants in a gender discrimination and defamation case brought by an attorney who has been denied partnership. The students will prepare and perform depositions of lay and expert witnesses and gather experience with obtaining and developing facts, preserving testimony, and the uses of depositions. Professional Responsibility Course Component: The simulated context offers the opportunity to explore several professional responsibility issues that arise naturally in deposition practice. These issues emerge largely because of the dual professional roles of an attorney: zealous representative and officer of the court. Some of the more timely issues involve proper witness preparation, improper witness coaching, inadvertent waiver of privilege, and abusive tactics. Writing and Performance Requirements: Each week students will write a short one or two page comment on the professional responsibility issues raised in class. At the end of the course, students will perform a videotaped deposition rather than take a final written exam. NOTE: This class may be used to satisfy the Professional Responsibility requirement, credits toward Experiential Learning requirement, or the upper-class writing requirement. This class may not be used to satisfy more than one requirement. ENROLLMENT LIMIT: 12 students per section. GRADING NOTICE: This class does not offer the CR/NC/H option. ** 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, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course examines the law that organizes democratic elections. After discussing the ideas and concepts that have influenced the development of the right to vote and the basic organizing structure of our election systems, we will explore a number of topics, including: (1) the role of political parties, (2) the disenfranchisement of black voters, (3) the passage and operation of the 1965 Voting Rights Act, (4) the practice of felon disfranchisement, (5) the problems of racial and partisan gerrymandering, (6) the proper role of the courts, (7) special issues that arise in presidential elections, and (8) recent efforts to unduly influence or subvert elections. Throughout, students will learn to not only identify ongoing problems but also evaluate possible reforms.

3 credits

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.

3 credits

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.

3 credits

This course is about the legal regulation of the employment relationship in the U.S. It surveys relevant common law doctrines and selected statutes affecting this. Among the substantive issues to be considered are the at-will default rule (and many of its modifications); regulation of wages and workplace safety; unemployment insurance; whistle-blowing; workplace disputes about property rights (including restrictive covenants surrounding trade secrets, non-compete; arbitration agreements); torts arising in employment contexts (negligent hiring and retention; defamation); liability coverage, and other topics.

3 credits

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. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement.

3 credits

This seminar will focus on the varied legal and business doctrines that influence the practice of entertainment law. Some of the primary topics include copyright and trademark protection and enforcement; defamation and freedom of speech; privacy and publicity rights; social media; licensing and merchandising entertainment properties; and other general contractual relations within the entertainment industry. The course will also examine the practical aspects of entertainment law, such as client counseling and negotiations and contract drafting. There will be no final exam. Grades will be based upon papers and class participation. NOTES: This class may not be used 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.

4 credits

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.

Var credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Environmental Law Practicum. Students receive credit for completing environmental law-related legal projects for a regional or national environmental law organization, such as the Conservation Law Foundation and the Natural Resources Defense Council. Projects will vary in scope and content based on student interest and the needs of the partnering organization. Project topics include clean energy, clean water, and environmental justice, which concerns the intersection of civil rights, fundamental fairness, and environmental policy. Students may also have the opportunity to work on litigation-related matters. Throughout the semester, students will work both under the supervision of an attorney at the partner organization and under the supervision of Professor Pam Hill. Practicum students must attend at least six class meetings with Professor Hill. Students receive either 1, 2 or 3 graded credits depending on the nature of the project and the anticipated workload. NOTE: This clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

This seminar's content will include: Historical and economic foundations of the Treaty of Rome (EEC 1957); institutional structure of the EU; internal market and the four freedoms of movement (goods, services, people and capital); fundamental rights protection; the EU crises of the 21st century, including migration and Brexit; and the prospect of Ukraine's accession. Assessment: 1) Students will be asked to discuss assigned readings (or, occasionally, videos) in each meeting. They will periodically be asked to upload short answers on our Blackboard site. 2) Students will select an EU Law topic, after consultation with the instructor and with the law librarian. After spring break, on a schedule to be determined, they will provide an overview of their chosen topics to the class. By the last day of spring exams, students will submit their complete research papers (approx. 6000 words, not counting footnotes). The seminar paper requirement can also be satisfied by two papers (approx. 3000 words each, not counting footnotes).UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

4 credits

Donweber/Gonzales Rose/Lowy: 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. UPPER-CLASS WRITING REQUIREMENT: Professor Gonzales Rose’s section may be used to satisfy the requirement partially or in full. Pedro: In this course, we will examine evidence rules and principles with a focus on the U.S. Federal Rules of Evidence, relevant constitutional provisions, and cases interpreting both. In addition to covering the rules of evidence, the course explores the significance of evidence as a strategic device in civil and criminal litigation, especially at trial. Some topics covered include: hearsay and its exceptions; relevance and prejudice; examination and impeachment of witnesses; privileges; expert testimony; and scientific, character, and propensity evidence. We will frequently use anonymous polling and discussion with a problems-based approach. We will engage in thoughtful discussions about cases alleging serious criminal offenses and civil injuries that may be disturbing. The course includes mandatory, practice quizzes and a practice midterm (specific student performance on the practices do not count toward the final grade) and assessment for the course will be based upon a final examination

4 credits

This course offers a survey of family law, including case law, statutory law, and the constitutional limitations on regulation of the family. The course aims to introduce students to family law as a dynamic field of law concerning a basic social institution: the family. Family law is a foundational course relevant to many areas of law practice. Students will gain knowledge about how family law intersects with fields of law, such as contracts, constitutional law, conflicts of laws, criminal law, property, tax, and trusts and estates, and how family law draws on the social sciences. We will examine the role of family law in contributing to and ameliorating inequalities in society on various bases, including gender, race, class, and sexual orientation. Students will be introduced to the role of negotiation, mediation, and other forms of dispute resolution in family law practice. Topics include defining and regulating family (including marriage and parenthood); formal and informal marriage; cohabitation and alternatives to marriage (such as domestic partnerships); common law incidents of marriage and the transformation of the common law; marital agreements; intimate partner violence; traditional and "no-fault" divorce; property division; spousal support; child support; child custody; and the family regulation system. The teaching method is a combination of lecture and class discussion, along with in-class small group problem-solving exercises.

3 credits

This course offers a survey of family law, including case law, statutory law, and the role of constitutional rights in limiting governmental regulation of the family. This course will introduce students to law concerning a basic social institution: the family. Students will gain knowledge about how family law intersects with many other fields of law, such as contracts, constitutional law, criminal law, property, torts, public and social welfare law, as well as how social science informs family law. The course will focus on marriage (including the recognition of same-sex marriage), nonmarital families, divorce, pathways to becoming a parent, and the parent-child relationship. Topics include defining and regulating marriage; formal marriage; common law marriage; nonmarital couples, cohabitation, and alternatives to marriage; common law incidents of marriage and the transformation of the common law; domestic violence; traditional and "no fault" divorce; property division; spousal support; child support; child custody; adoption; and regulating parenthood. There will be a final examination. The teaching method is a combination of lecture and class discussion, along with in-class small group problem-solving exercises. GRADING NOTICE: This class does not offer the CR/NC/H option.

4 credits

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.

3 credits

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.

3 credits

Financial Management examines three sets of problems: 1) saving and investment decisions by households, 2) investment and financing decisions by corporations, and 3) the role of securities markets and financial intermediaries in the economy. Decisions today affect the timing of and uncertainty about future flows of income; both timing and risk determine the current value of those future flows. This course develops the tools required to analyze these decisions and their interaction within the financial system. NOTE: Meets with QST FE 722. Registration restricted to JD/MBA degree candidates with approval. RESTRICTION: Students may not enroll in QST FE 722/LAW JD 930 and LAW JD 985.

2 credits

Understanding financial statements and reports. The objective of the course is that students will be able to read and understand the four financial statements and the 10-k annual report. Emphasis is placed on understanding the nature and meaning of the reports, as well as the relationship to the underlying transactions. Other topics include: basic accounting principles, US GAAP versus IFRS, financial statement analysis, the relationship of the financial statement information to covenant documents, and accounting gamesmanship. RESTRICTION: Not open to students who have had more than one three-hour college course, or its equivalent, in accounting.

3 credits

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.

3 credits

This seminar examines the Food and Drug Administration as an administrative agency combining law and science to regulate activities affecting public health and safety. Topics include testing and approval of pharmaceuticals and medical devices; food safety and nutritional policy; biologics and biotechnology regulation; cosmetic regulation; pricing of and reimbursement for drugs and devices; global aspects of pharmaceutical regulation, US and foreign patent issues, and FDA practice and procedure; jurisdiction and enforcement. A writing project involving research on food and drug issues will be required. RECOMMENDED COURSES: Health Law or Public Health Law, Administrative Law. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement.

3 credits

This course will introduce the framework of constitutional, statutory, and international law that both authorizes and constrains the conduct of U.S. foreign affairs. After studying the constitutional allocation of foreign affairs powers among the branches of the federal government and basic foundations of the government's national security powers, we will turn to discrete topics of contemporary relevance, which may include most or all of the following: the power and limits of judicial authority in foreign affairs; treaties and other international agreements; customary international law's status in the U.S. legal system; foreign affairs powers retained by the several states; the application of the Constitution to persons and incidents abroad; war powers; covert action; the detention, interrogation, and trial of terrorists and other irregular combatants, before courts and military commissions; targeted killing; torture and other coercive interrogation; and the protection of individual liberties and civil rights in wartime. Current events will be woven into the curriculum as relevant. Grading will be based on a 3-hour final exam. RESTRICTION: Students who have previously enrolled in National Security Law (JD890) may not register for this course.

3 credits

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 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. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement.

3 credits

This seminar offers an in-depth exploration of the interactions of happiness and the law. The course is structured into three interconnected units: • Unit 1: Happiness, Law, and Public Policy: This unit delves into how social policies and legal frameworks can be designed to promote happiness and well-being at a societal level. It examines the use of happiness data and insights from behavioral sciences to inform legal change in areas such as criminal law, civil procedure, corporate law, and tax law. • Unit 2: How to Be a Happy Lawyer: This unit focuses on cultivating meaningful and fulfilling legal careers. Drawing on general happiness studies and the growing field of law and mindfulness, it explores strategies for lawyers to enhance their own well-being and job satisfaction. • Unit 3: The Lawyer-Client Relationship: This unit analyzes the lawyer-client relationship beyond traditional paradigms. It considers the potential for this relationship to increase the happiness and well-being of both attorneys and clients, incorporating perspectives from philosophy, psychology, economics, and political science. The seminar employs a variety of pedagogical methods to facilitate student learning. These include Socratic discussion of assigned readings, synchronous and asynchronous experiential exercises, and hands-on activities. Students will have the opportunity to experiment with mindfulness techniques and develop an actionable personal career-life plan that integrates the themes of the course. Additional experiential exercises will be incorporated throughout the semester to provide practical application of course concepts. UPPER-CLASS WRITING REQUIREMENT: This seminar may be used to partially 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.

4 credits

Graduate Prerequisites: (SPHPH719) or consent of instructor. - This course focuses on health and it is closely linked to the realization of human rights. Preventable illness, infant mortality, and premature death, for example, are closely tied to societal discrimination and violation of human rights. This course explores the relationship between human rights and health by examining relevant international declarations in historical context, exploring the meaning of "human rights" and "health," and analyzing specific case studies that illuminate the problems, prospects, and potential methods of promoting health by promoting human rights on the national and international levels.

REMINDER: This is a SPH course. Students cannot register through WebReg. Students who register for the class and want law credit must add the course to their law transcript by completing an add form at the Law Registrar's Office before the end of the add/drop period for that semester.

2 credits

Health care organizations of all types (hospitals and health systems, medical device and pharmaceutical companies, health plans, and other health care providers) must develop and maintain an effective corporate compliance and ethics program. Boards of Directors are judged on whether or not they have taken steps, directly and through management, to implement such programs. This is necessary both as a core management tool and to demonstrate a commitment to good governance and compliance in order to take advantage of penalty reductions under U.S. Sentencing Guidelines, including the Sentencing Commission's June 2020 revisions. "Such compliance and ethics program shall be reasonably designed, implemented, and enforced so that the program is generally effective in preventing and detecting criminal conduct." But how do you design such a program? How does legal counsel assist the company in building and operating one? What distinguishes the "legal function" from the "compliance function." Lawyers working in health care businesses need to be able to answer these questions to advice the board and management. This course focuses on the fundamentals required to develop and maintain an effective health care corporate compliance program. Students will study the seven elements of a successful compliance program in practical detail and will learn best practices for compliance programs. Specifically, this will include learning how best to design and implement compliance oversight and committees, practicing policy drafting, and exploring the most effective ways to educate and train in compliance. This will also include developing an excellent understanding of audit, investigation, and corrective action skills and strategies.

3 credits

This course will cover issues that arise in clinical healthcare settings, primarily involving who decides and on what basis. Topics include: informed consent and materiality; competence and capacity to give consent; surrogates, advanced directives, physicians orders, and powers of attorney; end-of-life decision making, including withholding/removing treatment, euthanasia, and physician-assisted suicide; clinical ethics committees; patient confidentiality and duties to disclose; human subjects research and institutional review boards; physician conflicts of interest; pre-approval access to drugs; and rationing of scarce healthcare resources.

3 credits

This 3-credit course will cover the legal structures governing public and private health care finance. Topics will include an overview of health care and health care insurance markets, the economics of health care insurance, the Affordable Care Act (federal and state health care insurance exchanges, Accountable Care Organizations, design and administration of health plans, benefits design including Essential Health Benefits, appeals and remedies) and related litigation, ERISA preemption, determination of medical appropriateness and related ERISA provisions, provider reimbursement, Medicare and Medicaid regulation including Medicaid expansion. Grades will be based primarily on a 3-hour, in-class final examination. Student participation is required and will affect course grades. No prerequisites.

3 credits

This seminar will use a practical, case-study approach to some of the issues arising in the complex world of health care enforcement and compliance. With emphasis on the procedural mechanisms of the False Claims Act and the substantive law of the Anti-Kickback Act, the Stark I and II laws, the Food Drug and Cosmetic Act, and the government¿s remedial authorities, the seminar will explore how prosecutors, defense attorneys, whistleblowers, and compliance officials inside health care companies approach their work and advise their clients. The seminar will explore the relationships between regulated industries (e.g., pharmaceutical companies, hospitals, doctors, medical device companies) and government insurance programs (e.g., Medicaid and Medicare), why these relationships generate billions of dollars every year in fraud, and how the interested constituencies are approaching these issues. UPPER-CLASS WRITING REQUIREMENT: This class may not 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.

3 credits

Partners, associates and general counsel from leading firms will discuss the health care transactions they were personally involved in. After an introduction to the regulatory context of health care and health care transactional theory, the course will turn to case studies of complex health care transactions, drawing on actual documents and the experience of practitioners who worked on the deals. The transactions include hospital M&A, joint ventures, clinical affiliations, and others. Students will analyze the deal and present your conclusions to the class, with the lawyers who closed it. Students will present case law related to the legal issues presented by each transaction. Students also will complete two written assignments: (i) working in teams negotiating and drafting a term sheet for a transaction;  and (ii) reflecting on lessons learned and ethical issues to consider in transactional law. PREREQUISITE/COREQUISITE: Health Law. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement.

2 credits

The Health Justice Practicum is a new one-semester, two-credit course enrolling a maximum of six students. Students will collaborate with frontline health care providers who serve marginalized populations on projects that require legal and problem-solving skills and where providers and/or patients have identified a systemic problem affecting patients' health and wellbeing. In Spring 2022, we will be collaborating with Project RESPECT, an integrated obstetrics, addiction medicine, and behavioral health clinic at Boston Medical Center that serves low-income pregnant and parenting people in recovery from substance use disorders (SUDs), especially opioid use disorders (OUDs). Project RESPECT providers have identified a problem in Massachusetts law that significantly harms low-income parents in recovery from SUDs and their children, disproportionately harming Black, Indigenous, or other people of color (BIPOC) families. Children born to women in evidence-based medication-assisted recovery (e.g., methadone treatment) must be reported at birth to the Department of Children and Families as if the mother were actively using drugs. Children born to BIPOC mothers are more likely than children born to white mothers both to be reported to child protection authorities and to be separated from their families as a result. The trauma of custody disruption has demonstrated serious effects on both recovering parents and child health and development. We will explore and advocate for possible legal and policy advocacy solutions to these issues--for example, changes in mandatory reporting laws and reformed child protection agency practices to eliminate discriminatory decisionmaking. Students will attend group meetings as well as work on research and advocacy. The project work will allow students to hone their research, analytical, writing, presentation, and problem-solving skills. Regular group meetings will deepen students' understanding of their projects by providing a broader context. Students will also meet individually or in teams with the faculty supervisor to discuss their project work. GRADING NOTICE: This class will not offer the CR/NC/H option.

Var credits

THIS CLASS IS RESTRICTED to students who have received permission from the Office of Experiential Education to enroll. Students receive credit for working at a public agency, a non-profit, or a private health care organization. Placements may be paid or unpaid. Prior to the beginning of the semester, the course instructor works with students to identify suitable field placements depending on each student's individual interests and career goals. Once possible placements are identified, students are responsible for applying and being accepted to those organizations. Students receive 3-9 variable P/F credits for their fieldwork, as determined in consultation with their placement supervisors. Each credit requires 50 hours of work over the course of the 13-week semester (averaging 4 hours per week). NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement. COREQUISITE: Health Law Externship: Seminar (JD 764).

1 credits

THIS CLASS IS RESTRICTED to students who have received permission from the Office of Experiential Education to enroll. This is the companion academic component for students enrolled in the Health Law Externship: Fieldwork course. The one-hour weekly seminar examines various health law issues as well as the challenges of working in a health care environment. The seminar requires students to write a paper and make a class presentation. In addition, each student submits reflective memoranda chronicling their educational experience and reactions to the practice of law observed at the field placements. NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Health Law Externship Program: Fieldwork (JD 762). GRADING NOTICE: This class does not offer the CR/NC/H option.

1 credits

Health law encompasses the engagement of the legal system with a large and dynamic segment of the U.S. economy. In this class, students will gain a familiarity with how to navigate the statutory and regulatory framework of health law, how to evaluate resources, and how complex and multi-part search strategies may be applied to research problems. Students will also gain a deeper understanding of databases beyond Lexis, Westlaw and Bloomberg, and of current awareness sources. Classes will combine instruction and hands-on exercises using print, electronic, and web-based resources. Students will be evaluated on several grounds, including class participation, regular assignments, and a short paper and presentation. NOTE: This class counts toward the 6 credit Experiential Learning requirement. NOTE: Students may not add this course after the first class has been held. 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 are required to attend the first meeting to be considered for enrollment.

2 credits

The Health Law Survey Colloquium (HLSC), led by the director of the Health Law Program, is designed to orient students to the breadth of health law expertise at Boston University by featuring various BU faculty as guest lecturers each week. The HLSC will present a diverse range of topics spanning the field of health law. By asking each speaker to share something from their core specialty, we expect to receive enthusiastic and highly-engaging conversations with the students. Relevant readings may include scholarly works in progress (as in typical colloquia) but also excerpts from casebooks, primary sources, new legal or regulatory developments, or case studies from practice. Students will write response papers. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This is an applied consulting project course that aims to develop reflexive practitioners who can elicit client requirements, translate requirements into a problem statement and develop actionable solutions that meet client needs. The course uses a mix of case studies, individual memos and team project deliverables to systematically apply skills developed over the course of the MBA to solve real-world health sector problems. Students work on the consulting assignment in teams of up to four students based on having a shared interest in a prospective consulting project. These projects are curated in partnership with sponsor organizations to be executable within the framework of an academic semester. Projects in the past have ranged from improving the departmental revenue cycle within an academic medical center, developing an international pricing strategy for the introduction of a new product by a pharmaceutical company, to improving safety culture at a large hospital. These projects all have active involvement of the project sponsors who provide access to their organizations and provide ongoing feedback over the lifecycle of the consulting engagement.

REMINDER: This is a QST course. Students cannot register through WebReg. Students who register for the class and want law credit must add the course to their law transcript by completing an add form at the Law Registrar's Office before the end of the add/drop period for that semester.

3 credits

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.

3 credits

This seminar will focus upon the substantive law of homicide, as well as the practical aspects of actual homicide investigations and trials: crime scene interpretation; DNA analysis; autopsies and related forensic evidence; expert testimony, particularly in the area of psychiatry and criminal responsibility; jury considerations; ethical concerns; and the role of the media. Students will have the opportunity to study actual murder cases, visit local crime laboratories and courtrooms, and learn prosecution, defense, and judicial perspectives on various contemporary issues arising in murder investigations and trials. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

This course focuses on the highly regulated industry of health care, but with attention to the law applicable to hospitals and health systems. The course will review Federal and State statutes, regulations, as well as case law relevant to hospital organization, responsibilities and liability, credentialing, fraud and abuse laws and compliance oversight. The course is intended to develop competencies in understanding health care and health care insurance laws and regulations as they pertain to hospitals, developing familiarity with the reimbursement (particularly Medicare & Medicaid), regulatory compliance and enforcement issues facing hospital counsel. In addition, it is expected that students will demonstrate legal analysis and reasoning, problem-solving and communications skills required for work in a hospital/health care setting. Through understanding core health care law principles, students will learn the foundational legal, structural and business aspects of the modern hospital complex. Understanding how hospitals fit into the broader health care environment of payors, physicians, patients, regulators and other health care providers, law students will be able to appreciate the challenging dynamics affecting the health care system and the role of the hospital, often at the hub of activity, both in terms of current practice, but also health care delivery system reform. After completing the class, students will have been exposed to the key health care-related legal issues facing hospitals that hospital counsel and other health care lawyers need to know. Additionally, recognition of these stressors will be important training for lawyers in other disciplines interacting with hospitals, such as labor and employment law, intellectual property, antitrust, criminal defense, environmental, corporate, employee benefits, tax, etc. Course materials include a case book, primary source documentation, and guest lectures from in-house and outside counsel representing hospitals.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. Students have three fieldwork options: (1) concentration in immigrants' rights; (2) concentration in human trafficking; or (3) work on both types of cases. Students focusing on immigrants' rights will represent adult and children asylum seekers and other vulnerable noncitizens with the opportunity to litigate an immigration case in the Boston Immigration Court. Students focusing on anti-trafficking work will represent survivors of labor and sex trafficking in a wide range of civil matters and engage in policy-related work to address gaps in the local and national landscape. Students focusing on both immigrants' rights and human trafficking will represent immigrant clients and survivors of human trafficking in a range of civil matters. All students will have the opportunity to engage in immigrants' rights and human trafficking work through "Know-Your-Rights" visits at the local jail/detention center and by conducting intake at the Family Justice Center for human trafficking survivors. Students, working in pairs, assume the primary responsibility for multiple clients' complex cases, from start to finish. Students conduct client interviews, track down witnesses, speak with experts, develop documentary, testimonial and expert evidence, and write legal briefs. The clinical supervisors prepare students for their cases through weekly supervision meetings, mid-semester and final individual meetings, and mock hearings, as appropriate. NOTE: The Immigrants' Rights and Human Trafficking Program counts toward the 6 credit Experiential Learning requirement. PRE/CO-REQUISITE: Evidence. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. In this seminar, students will further develop their trial advocacy and client counseling skills by participating in multiple simulations and a mock hearing. They will learn about comparative models to address human trafficking, and the challenges of a criminal justice framework to solving complex social problems. The course will focus on the lawyer's role in anti-trafficking work, given: (1) converging areas of law; (2) the emerging multi-disciplinary nature of legal work; and (3) tensions among the role of the client as both victim and defendant. Courses will focus on further developing students' competencies in the following areas: (1) strategic planning and decision-making; (2) client interviewing and counseling; (3) trial advocacy; (4) leadership and innovation; and (5) professional responsibility. Classes will focus on a wide range of topics, including: (1) oral advocacy; (2) direct and cross examination; (3) accompaniment and survivor-led advocacy; (4) legal advocacy and brief writing; (4) legislative advocacy; and (5) developing professional roles and self-care. NOTE: The Immigrants' Rights and Human Trafficking Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. In this seminar, students will further develop their trial advocacy skills by participating in multiple mock hearings and portions of simulated trials. In particular, this course will focus on developing students' competencies in the following topics: (1) witness preparation, including working with lay and expert witnesses; (2) oral advocacy, including direct/cross examination and opening and closing statements; (3) factual and legal research; (4) cross-cultural lawyering and implicit bias; (5) legal advocacy and brief writing; (6) basic negotiation; and (7) developing professional roles and identities. Students will also be introduced to the intersections between criminal and immigration law, and to law and organizing in the immigration context. NOTE: The Immigrants' Rights and Human Trafficking Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. The seminar is the fall companion course for students enrolled in the Program. It provides a practice-oriented introduction to advocacy on behalf of indigent clients, including noncitizens and survivors of human trafficking. Students will develop a wide range of competencies with classes focusing topics including: (1) client interviewing and counseling; (2) case planning; (3) legal research and writing; (4) cultural competency; (5) legal story-telling and developing a theory of the case; (6) affidavit writing; (7) vicarious and secondary trauma; and (8) professional responsibility. Students will participate in class simulations, present in case rounds, and actively engage in facilitated discussions. There also will be two boot camp classes for students with specialized training in the following areas: (1) immigration law with a focus on asylum law and representing vulnerable noncitizens; and (2) human trafficking law with a focus on the protection framework in the Trafficking Victims Protection Act and multi-disciplinary lawyering. NOTE: The Immigrants' Rights and Human Trafficking Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

This class will cover the immigration laws of the United States, including the administrative and regulatory framework of the United States agencies charged with enforcing U.S. immigration laws. The topics covered by this course include the power of the Congress to regulate immigration; the effect of politics on immigration policy; nonimmigrant and immigrant visa classifications; the law of asylum; the intersection of immigration law and criminal law; grounds of removal from the United States; relief from deportation, immigration court representation and access to justice; and the law of naturalization and derived citizenship.

1 credits

Immigration law research is complex, requiring knowledge of unique sources and materials. The U.S. Court of Appeals for the Second Circuit noted the “labyrinthine character of modern immigration law -- a maze of hyper-technical statutes and regulations.” Drax v. Reno, 338 F.3d 98, 99 (2d Cir. 2003). In addition, it is an area with the potential for sweeping legislative and regulatory change in the upcoming year. This one-credit experiential course will help students navigate this complex and shifting legal and regulatory environment, by covering a broad spectrum of search strategies and tactics for researching immigration law issues.  The course will initially focus on some key immigration statutes (the Immigration and Nationality Act and its many amendments, the Refugee Act, and the Illegal Immigration Reform and Immigrant Responsibility of 1996).  From there the course will proceed to administrative law, which heavily impacts immigration. Students will look at the agencies responsible for immigration procedure, the Department of Homeland Security (DHS) (created by the Homeland Security Act of 2002), the Department of Justice (DOJ), and the Department of Labor (DOL), and they will learn to research the regulations, administrative decisions, and guidance documents from these agencies and how they affect immigration law.  Research topics will include asylum law, grounds of inadmissibility, deportation and removal proceedings, visa classifications, business immigration law and the intersection of criminal law and immigration. The goal of the course is for students to become comfortable researching both simple and complex immigration issues. NOTE: This class counts toward the 6 credit Experiential Learning requirement. 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 are required to attend the first meeting to be considered for enrollment.

Var credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students receive credit for an externship done in conjunction with an independent study project. Qualifying placements include the legal departments of non-profits, government agencies, private companies, or law firms. Placements may be paid or unpaid. Students may find their own placements that must be approved by the Clinical and Experiential Programs Office, or the Office has resources to help students identify and apply to suitable field placements based on their interests and career goals. Students receive 2-9 variable P/F credits for their fieldwork, as determined in consultation with their placement supervisors. Each credit requires 42.5 hours of work over the course of the 13-week semester (averaging 4 hours per week). NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: INDEPENDENT PROPOSAL EXTERNSHIP: IND STUDY (LAW JD 710)

2 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. In lieu of a seminar, students write a 15–20 page paper and submit seven bi-weekly journals (4–6 pages each) under the guidance of a faculty supervisor. The 2 credits count towards the 3-credit cap on independent study credits as well as the 17-credit cap on non-GPA credits. Students may satisfy the upper-class writing requirement through the paper under agreement of the sponsoring faculty member. COREQUISITE: INDEPENDENT PROPOSAL EXTERNSHIP:FIELDWORK (LAW JD 709).

3 credits

The collection, use, storage, and sharing of personal data has become increasingly important throughout society, from commerce to government and from health care to finance. For good reason, we call this the Information Age. Recall the countless high- profile privacy and data security controversies you have heard about in the last year: location tracking; inaccurate credit reports causing lost jobs; data breaches, hacking and identity theft; and government surveillance. Law has responded with a dizzying array of new rules -- and a rapidly growing area of professional specialization for attorneys. This course serves as an introduction to the emerging law of data privacy. By the end, you will be well grounded in many challenges facing any enterprise, public or private, that collects, processes, uses, and stores personal information. In addition to knowledge of constitutional, statutory, and common law rules as well as federal and state enforcement activity, we will learn about the policy questions that arise in this dynamic area, the legally relevant questions to ask when assessing information practices, and some of the many nonlegal models of information governance. You will gain a basic understanding of data privacy regulation in other countries, particularly the European Union. All students will benefit from more sophisticated knowledge about an issue that appears in the news every single day. But there are significant professional payoffs too. Major law firms have organized entire practice areas devoted to privacy and data protection law. In the last seven years the International Association of Privacy Professionals (IAPP), a key trade association in this space, more than tripled in size to 12,000 members. These trends mean that law school graduates will have increasing job opportunities in data privacy and security law. Meanwhile, in many other practice areas -- such as securities, labor and employment, health, advertising, and the list goes on -- familiarity with privacy and security law has become a major asset. Plus, the issues are fascinating and fun. If nothing else, you can have great conversations at parties.

2 credits

Businesses and organizations handle information every day to conduct business, process transactions, and deliver goods and services. They do so in the context of legal, regulatory, and contractual obligations relating to their possession and use of this information. In the age of "Big Data" and "Advanced Persistent Threats," these entities can no longer focus solely on developing and implementing procedures to govern information processing. Instead, they must implement governance that allows for the optimization of risk while facilitating core management decision making in order to create real value. This is the new world of "knowledge governance." Legal counsel must ensure compliance with the legal and core requirements for security, privacy and data breach prevention, in a way that aligns with the strategic objectives of their firm. Designing a robust compliance program is a critical part of this task, but the big-data environment requires skills that go beyond devising a formal compliance program. In particular, lawyers operating in this environment must consider the value of data and information, understand the nature of their organization's collection, use, and disclosure of that data, and appreciate the relationship between risk optimization and their organization's strategic objectives. This course will explore the lawyer's role in devising and implementing a policy and culture of knowledge governance within a firm. It will focus on information, especially personal information. It will introduce students to the core principles of information risk management -- the privacy attributes of collection, use, and disclosure married with the security concepts of confidentiality, integrity, and availability -- while providing a framework for governance around information risk management. This course will also serve in part as preparation for the International Association of Privacy Professionals (IAPP). UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar, 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.

3 credits

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.

4 credits

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.

1 credits

This course begins with an overview of basic legal research skills, processes, and resources using intellectual property subject matter. The course then proceeds to specific research strategies in copyright, patents, and trademark law, providing students an increased understanding of advanced legal research skills using: secondary sources, legislative history, administrative materials, and more. Students will gain an even deeper understanding of the context and framework of legal resources and how they are applied to real-world research from practitioner guest lecturers. Classes combine instruction and hands-on exercises, with an emphasis on exposure to databases beyond Lexis and Westlaw. Students are evaluated on weekly research assignments and a final research project. PREREQUISITE: Intellectual Property. NOTE: Students may not add this course after the first class is held. NOTE: This class counts toward the 6-credit Experiential Learning requirement. ENROLLMENT LIMIT: 15 students. ATTENDANCE REQUIREMENT: Students who fail to attend the first class or obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students on the waitlist are required to attend the first class meeting for enrollment eligibility

3 credits

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. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar, 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.

3 credits

This class is intended to introduce students to the key legal and practical issues encountered when resolving disputes through international arbitration. Arbitration is a private means of dispute resolution where the parties agree to be bound by the decision of an arbitrator of their choice, whose decision in a final award has the same legal force as a court judgment or order. International arbitration is the main form of dispute resolution relating to cross-border commercial disputes and is also sometimes used in public international law contexts involving governments. This course will explore both doctrinal issues--such as what constitutes 'consent' to arbitrate and the relationship between international tribunals, who adjudicate the disputes, and national courts, who compel arbitration and enforce (or void) arbitral decisions--and policy debates, such as what issues are appropriate for resolution by private arbitrators rather than judges and the social ramifications of the lack of transparency in arbitration. There will be a skills component, including hands-on exercises such as roleplays, oral advocacy, and drafting arbitration clauses. PREREQUISITE: Students must have taken a course (any course) in international law (knowledge of the foundations of international law, e.g. what is a treaty, will be presumed). UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement.

3 credits

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.

3 credits

Over the last 40 years, financially-constrained governments in both developed and developing nations have increasingly turned to the private sector to develop, finance, build and operate essential infrastructure projects, including electricity and natural gas networks, renewable and conventional power generation projects, airports, toll roads, liquified natural gas facilities, sports stadia, hospitals, student housing and others. The private sector¿s preferred financing solution for the hundreds of billions of dollars a year in necessary infrastructure projects is non-recourse ¿project finance¿, under which individual or limited groups of projects are financed on a standalone basis, relying solely on the economic potential of the project to repay lenders and equity investors. Project finance is a multidisciplinary practice area covering corporate law, securities law, contract law, construction law, insurance law, secured lending and banking laws, regulatory laws and policies, environmental law, real estate law, and tax law among others. Project finance is increasingly affected and driven by environmental, social and governance issues, including climate change. This seminar will examine both the norms and conventions of project finance and emerging trends in project finance practice, including sources of capital, the role of government and the role of E.S.G. The seminar will analyze and evaluate a hypothetical project throughout the year. We will look at the lifecycle of the project, from conception, permitting and development, financing, construction through operation, including what happens when projects go bad. Our emphasis will be on typical projects that business lawyers may encounter. A final ¿Client Memorandum¿ of 6,000-7,000 words outlining key issues and risks in the hypothetical project and recommending solutions will be required in lieu of an examination. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar, 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.

3 credits

The aim of this class is to provide an overview of how international environmental commitments and international economic commitments fit together within the global economic governance architecture. Students will explore the history of today¿s international climate movement, beginning with the 1992 Earth Summit (Rio) and covering the most recent commitments made under the United Nations Framework Convention on Climate Change. They will explore the parallel way in which international trade and investment commitments have intensified during that time period, and the course will layout the various efforts by global leaders to harmonize the two (economic and environmental) regimes. The course includes topics such as (1) environmental disputes at the World Trade Organization, (2) investor-state dispute settlement targeting environmental and climate policies, (3) efforts at the bilateral, regional and mega-regional level to incorporate environmental commitments into free trade agreements, (4) unilateral efforts by the EU and the US to promote climate-friendly policy-making worldwide and (5) developing country perspectives in the ¿just transition¿ movement. By the end of the course, students will have a comprehensive understanding of the points of harmony and tension between these two regimes and will have thought critically and creatively about the ways forward. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar, 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.

3 credits

This is an introductory seminar to international human rights law. The class will introduce students to the concepts of human rights, and the legal texts that have codified and provided content to those concepts in the last seventy years. The class aims to work at three levels: to examine the role of human rights (law) in history and politics; to analyze the doctrine of international human rights law; to introduce key areas of current and future human rights practice. We will accordingly look at the historical evolution and political role of human rights law, and ask whether there is such a thing as universal human rights, or whether the concepts are dependent on specific regions, cultures and political systems. We will look at the key institutions and mechanisms, at the global and regional level, for the monitoring and enforcement of human rights law. We will analyze the law on specific rights (for example the right to life, the prohibition of torture, the right to self-determination) as well as in specific contexts and themes (for example human rights and climate change; business and human rights) to understand the reach and function of human rights law in the international system. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the International Human Rights Clinic. Students in the Clinic work on policy issues on behalf of institutional clients that represent refugees, forced migrants, immigrants, and stateless persons. Students work on long-term human rights projects such as: working with NGOs in advocacy in the UN human rights system or in regional organs (e.g. Inter-American and European human rights bodies); advocating for durable solutions to statelessness and citizenship deprivation in the Middle East; and organizing workshops and presentations to major stakeholders around the world. Students conduct legal and factual research and outreach to partners and project strategy development, and prepare written reports and submissions to international and regional agencies. The clinic fieldwork may include international travel. PRE/CO-REQUISITE: International Human Rights (LAW JD 991). NOTE: The International Human Rights Clinic counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

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.

3 credits

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.

4 credits

Sloane: This course will offer a survey of contemporary international law. We will consider both the classical law of nations and postwar developments, which have shifted the fulcrum of the international legal system from a relatively exclusive focus on the rights and duties of states inter se (as between themselves) to a broader focus on all of the participants in the contemporary international legal process—not only nation-states. Nation-states remain the chief actor in international law, but since the nineteenth-century, the amount and more frequent resort to law has led to both new substantive norms (doctrinally) and many new institutions and participants that’re also subject to international law, e.g., non-governmental organizations (NGOs), multinational enterprises of all kinds (MNEs), terrorist networks, criminal syndicates, and, above all, individuals, which in turn has led to int’l law’s effort to create and abide by a specific set of human rights. Specific topics may include (1) the history, nature, and sources of international law; (2) the establishment, transformation, and termination of states and other international legal participants; (3) national incorporation of international law, with a focus on core concepts of U.S. foreign relations law; (4) international law’s allocation of jurisdiction to make and apply law, as well as selected immunities conferred by international law; (5) international law’s effort to protect human dignity through fields such as international human rights, the law of war, and international criminal law; (6) control and regulation of the resources of the planet, with a focus on the law of the sea as a prominent example; and (7) the use of force. George: This course will offer a basic survey of contemporary international law. It will teach students about the major issues of public international law and policy that influence current events, with an eye to both legal theory and modern legal practice. Specific topics will include: (i) the history, theory, and nature of international law; (ii) the sources of international law; (iii) the "actors" of international law -- states, international organizations (with emphasis on the U.N. system); (iv) the domestic incorporation of international law, with a focus on key concepts of U.S. foreign relations law; (v) international human rights; (vi) the use of force; and (vii) humanitarian law.

Var credits

International Law Journal - 2L Member

Var credits

International Law Journal -3L Journal Editor

1 credits

An important component of understanding international law is mastering all the diverse sources of this area of law. Students will learn to navigate the international system as well as the relevant primary sources of law. Students will learn research strategies and skills for locating treaties, decisions of international tribunals, documents of international organizations and other sources of state practice. Among the organizations the course will discuss the United Nations, the OAS, the EU and the WTO. In addition, students will be introduced to strategies for researching the law of foreign jurisdictions. Students will gain hands-on experience in answering legal research questions in the area of international and comparative law. Classes will combine instruction and hands-on exercises using major print, electronic, and web based resources for international law research. NOTE: This class counts toward the 6 credit Experiential Learning requirement. 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 are required to attend the first meeting to be considered for enrollment.

3 credits

This course examines the application of international law to situations of armed conflict. The first part of the course provides a theoretical and historical background regarding international law governing the use of force, looking first at debates over the role and effectiveness of international law in international relations, turning to questions about how international law seeks to regulate the use of force in the international system and the extent to which actors comply with their obligations under international law. The second part of the course focuses on international humanitarian law, examining different forms of humanitarian law violations, considering how international humanitarian law affects the behavior of governments and non-state actors during conflict, and discussing why governments and non-state actors often fail to abide by international humanitarian law. In this section, we will also pay particular attention to specific cases of armed conflict – both interstate conflicts such as the war between Russia and Ukraine and civil conflicts such as Libya, Rwanda, and Syria. The last section of the course considers questions about the enforcement of international humanitarian law and attempts to secure justice for violations of international law, including discussions of ad-hoc international criminal tribunals, the International Criminal Court, and efforts to hold individuals accountable for atrocity crimes in domestic courts.

3 credits

This course focuses on the law governing international trade, including both the law established by the World Trade Organization and relevant U.S. laws. This will include an in-depth analysis of the treaties, regulations, and case law that govern international trade. The course will cover the basic principles and mechanisms of international trade law, including most-favored-nation (MFN), national treatment, dispute settlement, as well as relevant laws in different substantive areas such as tariffs, quotas, services, intellectual property, and trade remedies. The course will also examine the political economy of international trade relations, including how economic and political forces have shaped current regulatory policies and may shape future policies.

4 credits

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.

4 credits

The income tax is a pervasive feature of life in the United States and lawyers encounter tax issues in virtually every field of practice. This course introduces students to the fundamental principles of the federal income tax, and its impact on a wide range of matters, including employment, tort claims, divorce, retirement, and especially business activities and investments of all types Topics include: the concept of income, determination of gross income, allowance of deductions and the determination of taxable income, identification of the taxpayer, taxable periods and timing, the determination of gain or loss (including realization and recognition) from dealings in property, the concept of income tax basis, and the process of change in the tax law. GRADING NOTICE: Professor Dean¿s section does not offer the CR/NC/H option.

3 credits

Government oversight is essential to holding public officials and government employees accountable. This course introduces students to the role of inspectors general who conduct oversight of publicly funded agencies and entities. Typically created by statute, inspectors general are charged with preventing and detecting fraud, waste and abuse in the expenditure of public funds. By any measure, this is a broad mandate. With a case study as a guide, students will learn and practice issue spotting exercises, witness interview techniques, and how to draft letters and present recommendations to government officials. Understanding the principles of government oversight will expand the knowledge base for law students particularly those who have an interest in criminal law, regulatory and compliance practice, and in-house counsel work. The course includes three exercises designed to provide students with opportunities to practice public speaking, interviewing and presentation skills. NOTES: This class 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 class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment.

2 credits

This course is restricted to students who applied and were accepted as participants for the Jessup Moot Court competition. A full description can be found here: https://www.bu.edu/law/current-students/jd-student-resources/legal-writing-appellate-advocacy-programs/appellate-advocacy-program-competitions/jessup-moot-court-competition/ PREREQUISITE/CO-REQUISITE: International Law (JD927). NOTE: This class counts toward the 6 credit Experiential Learning requirement.

3 credits

Secular law focuses on the relationships between people. Its interest in “inner life” is primarily restricted to questions of whether someone intended to commit a particular act. Jewish law similarly concerns itself with our behavior towards one another, often through a discourse of obligations, in addition to rights. Jewish law also applies legal-like reasoning inwardly, focusing on how living religiously transforms the individual and the community from the inside out. This course will focus on Jewish law to explore competing conceptions of law’s purpose, the difference between divine and secular law, discourses of rights versus obligations, and the relationship between mysticism and reason. No prior knowledge of Jewish law, Hebrew, or Aramaic is necessary. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the 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, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

Var credits

Journal of Science and Technology Law - 2L Member

Var credits

Journal of Science and Technology Law - 3L Editor

Var credits

THIS CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Students receive credit for working in chambers for a judge in the state or federal court system. The assignments handled by an extern are similar to those handled during a post-graduate clerkship. Students may find their own judicial placements that must be approved by the Clinical and Experiential Programs Office, or the Office will match the student with a judge. Students receive 4-9 variable P/F credits for their fieldwork, as determined in consultation with their placement supervisors. Each credit requires 50 hours of work over the course of the 13-week semester (averaging 4 hours per week). NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Judicial Externship: Seminar (JD 734).

1 credits

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 simultaneously enrolled in the Judicial Externship: Fieldwork course. The seminar focuses on teaching the substance and skills related to being a successful judicial extern. Topics include judicial ethics, legal research, judicial process, opinion drafting, judicial selection and recusal, and judicial decision-making. Students keep reflective journals chronicling their educational experience and reactions to the practice of law observed at the field placement. Please note that the course is scheduled to meet for seven two-hour class sessions, every other week. NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Judicial Externship: Fieldwork (JD 735). GRADING NOTICE: This class does not offer the CR/NC/H option.

2 credits

This class will focus on writing styles and formats unique to the judicial process, such as the bench memo and appellate majority and dissenting opinion. Classes will provide a general overview of the opinion writing function with emphasis on topics such as opinion structure, judicial writing style, the relationship between style and substance, the use of narrative and rhetorical techniques, and ethical considerations in opinion writing. Through a series of writing assignments and in-class exercises, students will learn to how to diagnose and revise difficult and unclear writing, acquire techniques for writing more economically, precisely and unambiguously, and hone their skills in structuring and organizing, analyzing, and writing persuasively. In analyzing judicial opinions and writing from the perspective of a judge rather than an advocate, students will gain a deeper understanding of the judicial process and will become better critical readers and users of judicial opinions. UPPER-CLASS WRITING REQUIREMENT: This Professional Writing Class may be used to partially satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

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.

3 credits

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.

3 credits

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.

3 credits

This course will explore the legal treatment of Latinx people in the United States. Central to this examination will be: (1) the legal and social construction of race and racism as it pertains to Latinxs; (2) the racialized legal history of diverse ethnic groups including Chicanxs, Puerto Ricans, Cuban-Americans, and others; (3) constitutional and statutory civil rights law governing and impacting substantive areas such as education, employment, voting, public accommodations, speech, and immigration; and (4) the relationship between race, language, and notions of citizenship. A pervasive theme throughout the course will be the significance of race in the current era. This inquiry will be analyzed under modern civil rights perspectives of Traditionalism (e.g., advocating for colorblindness and "reverse" racism claims); Reformism (e.g., supporting modest reforms like limited affirmative action); and most pronouncedly Critical Race Theory (e.g., recognizing continued systemic subordination and envisioning structural reforms to increase racial justice). Students will produce and present an original research paper. ** 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, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

The Law and Economics Seminar is a research workshop. Class sessions will alternate between (1) lectures on selected topics in microeconomic theory and empirical methods, including methodology commonly used in law and economics scholarship, and (2) presentations of working papers by outside speakers (typically faculty members from other institutions). The specific legal topics considered will vary depending on the interests of the speakers, but all paper presentations will focus on application of economics concepts and tools to legal and regulatory issues. Students are responsible for preparing short memoranda that respond to the presented papers. Final grades depend on attendance and participation. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

3 credits

This seminar will critically examine the legal doctrines and ethical principles of the contemporary law of war, including both the law governing recourse to force (jus ad bellum) and the law governing the conduct of hostilities (jus in bello). Topics vary from year to year. But we’ll cover most if not all of the following: the U.N. Charter framework for collective force; the nature and scope of the inherent right to self-defense; challenges to the jus ad bellum framework posed by terrorist networks and other non-state belligerents; humanitarian intervention; the core rules and principles of the law of armed conflict; non-combatant immunity and its converse, the so-called combatant's privilege; military necessity, distinction, and proportionality constraints on hostilities; prohibited weapons; belligerent occupation; the historical role of reciprocity and consequent difficulties posed by asymmetric warfare; artificial intelligence and "autonomous" weapons; and other controversies that characterize warfare in the early twenty-first century. Grading will be based chiefly on a short final paper. LIMITED WRITING OPTION: With the instructor's permission, a limited number of students may satisfy the upper-class writing requirement through their final term papers. ** 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, will be administratively dropped from the seminar.

3 credits

This seminar will examine the relationship between law and capitalism. How do legal institutions, legal concepts and rules establish the essential social relations for capitalism? How does capitalism shape black letter law and the structure of our legal institutions? We will tackle these questions theoretically and through a series of doctrinal case studies. That is, first we will delve into theories of capitalism to better understand how a range of scholars have described the relationship between state regulation and the capitalist mode of production. Second, we will also study capitalism in more concrete terms in the late 20th and early 21st century, through the rise of neoliberalism. Specifically, we will situate particular areas of law, like tax law, criminal law, environmental law, family law, money regulation, corporate law, constitutional law, sovereign lending– in scholarly debates and historical context to better understand how these enable, constrain and shape capitalist social relations. Throughout this course, we will examine the reproduction of group hierarchies, asymmetries, and antagonisms, and as expressed through class, race, gender, disability, and empire. 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, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

Technology platforms — the intermediaries that shape as well as enable our social and professional interactions, media consumption and game playing, online purchases, and more — have long been treated with cautious deference by lawmakers and regulators concerned that government interference could hamper innovation. But that has changed in recent years, with calls from all sides of the political spectrum to rein in the power of today’s tech giants through a variety of different legal reforms addressing consumer privacy, freedom of speech, algorithmic bias, anti-competitive behavior, and more. Even when action at the federal level is variable and unpredictable, the states have shown an interest in litigation and legislation to force platforms to internalize some of the harms associated with their operations. This seminar will explore the legal framework for platform regulation in the United States, with an emphasis on platforms' role in enabling harmful third-party conduct. We will begin by contrasting the treatment of intermediaries under copyright and trademark law with the almost-complete immunity that Section 230 of the Communications Decency Act confers for non-IP claims. We will then turn to current debates over whether platforms should face greater responsibility for preventing or limiting internet-related harms, and will close with a unit on platform antitrust law. Given the fast-changing landscape, precise topics will be determined in the lead-up to the semester, but they may include perceived political bias, algorithmic amplification, mis/disinformation, and responses to government efforts to influence rather than mandate platform behavior. RECOMMENDED COURSES: There are no specific required or recommended courses. However, students may benefit from previously or contemporaneously taking other classes related to law and technology, including classes concerning intellectual property, information privacy, or cybersecurity, or classes in relevant subject matters such as antitrust or First Amendment law. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement in part or in full. GRADING NOTICE: This class does not offer the CR/NC/H option. ** 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."

3 credits

This seminar surveys legal issues affecting the business of sports in America. Although there are no pre-requisites, students should be prepared to understand basic substantive principles of antitrust, labor, intellectual property, agency, tort and contract law and how they have influenced the: (i) evolution of professional sports franchises and leagues; (ii) relationship between players and owners; and (iii) value of the product they produce and exhibit across various distribution platforms. Particular emphasis will be placed on how to translate substantive law into the practical advice sports clients require on a regular basis, including issues involving the interaction among leagues, franchises and athletes, and distinctions between assets owned and controlled by athletes, as opposed to those owned and exploited by leagues and owners. Assets controlled by game rightsholders, sponsors, venues and other licensees and vendors also will be analyzed, as will the ways unauthorized third parties try to capitalize on them. Grades will be based on oral class participation, written case and contract interpretation exercises and written advocacy. There is no examination. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. OFFERING PATTERN: This class may not be offered every year. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

Var credits

Law Review - 3L Journal Editor

Var credits

Law Review-2L Journal Member

2 credits

This class is restricted to students who have applied and been accepted as Lawyering Fellows. Accepted students must register for both the fall and spring sections of the class.