Litigation & Dispute Resolution Concentration
The Litigation & Dispute Resolution concentration capitalizes on the School’s well-known teaching and curriculum strengths in that students may study civil litigation, criminal litigation, and alternative dispute resolution in a variety of forums—the classroom setting, the clinical sitting, and the externship setting. Accordingly, this concentration presents students with opportunities to choose courses, which match the students’ areas of interest and learning styles.
Submit an Intent to Concentrate Form
Requirements
A student may be certified as having completed the Concentration in Litigation and Alternative Dispute Resolution by meeting the following requirements:
1) Satisfactory completion of a minimum of seven courses and 21 credits from the following lists of courses and seminars in litigation and alternative dispute resolution law. The lists are updated annually to reflect changes in course offerings. The Concentration acknowledges that all students are required to take Civil Procedure and Constitutional Law as part of the general JD curriculum in addition to the seven courses and 21 credits.
2) Satisfactory completion of a substantial written work on a litigation or dispute resolution law topic. This requirement can be satisfied by the same written work that satisfies the School’s Upper-Class Writing Requirement or by written work that satisfies the requirements of a course or seminar for which credit is given towards the Concentration in Litigation and Dispute Resolution. With the approval of the concentration advisor, this requirement may also be satisfied by written work completed in a context other than a course or seminar for which credit is given towards the Concentration in Litigation and Dispute Resolution.
If the paper was done in a course, seminar, or for another purpose and the supervising professor is an adjunct (part-time) faculty member, then the faculty concentration advisor must review the paper and confirm that it satisfies the concentration paper requirement.
3) Students must complete introductory courses in litigation and dispute resolution through satisfactory completion of all of the courses in one of the three options listed below.
Option One
Track 1
a) Civil Litigation Program (two semesters) (Access to Justice or Individual Rights Litigation):
• Access to Justice or Individual Rights Litigation Fieldwork—six credits• Seminars for Individual Rights Litigation
Pre-Trial Advocacy/Professional Responsibility – three credits
Trial Advocacy – three credits• Seminars for Access to Justice
A2J Skills & Professional Responsibility – three credits
A2J Skills II – three credits• Evidence
Track 2
b) Immigrants Rights’ Clinic (two semesters):
• Fieldwork—six credits
• Core Lawyering Skills—three credits
• Advanced Advocacy & Trial Theory—three credits
• Evidence
Option Two
a) Civil Litigation Program (one semester):
- Employment Rights Clinic—three credits
- Civil Litigation Program/Pretrial Advocacy (if clinic is taken in the fall) or Civil Litigation/Trial Advocacy (if clinic is taken in the spring)—three credits for either course
- Effective & Ethical Depositions; Professional Responsibility; Professional Responsibility Issues in Business Law Practice; Legal Externship/Legal Ethics (if also completed Legal Externship Program); or Prosecutorial Ethics if clinic is taken in the spring—three credits
b) Evidence—four credits
c) If clinic is taken in the spring, also must take Alternative Dispute Resolution; Mediation: Theory & Practice—three credits; or Negotiation—three credits
d) If clinic is taken in the fall, also must take Trial Advocacy—three credits
Option Three
Track A
a) Criminal Practice Clinic (two semesters) (for 2L students starting the Clinic in their second year):
- Criminal Trial Practice I—five credits
- Criminal Trial Advocacy—three credits
- Professional Responsibility—three credits
- Criminal Trial Practice II—eight credits
b) Criminal Procedure: Comprehensive, or Criminal Procedure: Adjudicatory, or Criminal Procedure: Constitutional (formerly Criminal Procedure: Investigatory Process).
c) Evidence
Track B:
a) Criminal Practice Clinic (two semesters) (for 3L students starting the Clinic in the fall of their third year):
- Criminal Trial Practice I—five credits
- Criminal Trial Practice II/Prosecutors—five credits or
- Criminal Trial Practice II/Defenders—eight credits
b) Criminal Procedure: Comprehensive, or Criminal Procedure: Adjudicatory, or Criminal Procedure: Constitutional (formerly Criminal Procedure: Investigatory Process).
c) Evidence—four credits
d) Trial Advocacy—three credits
e) Effective & Ethical Depositions; Professional Responsibility; Professional Responsibility Issues in Business Law Practice (previously titled Lawyering in the 21st Century); or Prosecutorial Ethics—three credits
Option Four
a) Legal Externship Program (with a litigation or dispute resolution placement)—three credits and Legal Ethics
*In order for the Legal Externship Program to qualify as a course in this list, the placement must be approved in advance by the Concentration Advisor. Also, note that the class component (JD 925) is a legal ethics class.b) Evidence—four credits
c) Trial Advocacy or Civil Litigation Program/Trial Advocacy (if also completed Civil Litigation: ER option in spring)—three credits
d) Alternative Dispute Resolution or International Business Arbitration, or Mediation: Theory and Practice—three credits; or Negotiation—three credits
Option Five
a) Semester-in-Practice with a litigation placement*—12 credits OR Judicial Externship: Fieldwork and Judicial Externship: Judicial Process Seminar or Human Trafficking Clinic and Human Trafficking Seminar
[or Government Lawyering Externship Program with a litigation placement; or Health Law Externship Program with a litigation placement; or Independent Proposal Externship with a litigation placement]
*Must be approved in advance by concentration advisor.b) Evidence—four credits
c) Trial Advocacy—three credits
d) Effective & Ethical Depositions; Professional Responsibility; Professional Responsibility Issues in Business Law Practice; or Prosecutorial Ethics—three credits
e) Alternative Dispute Resolution or International Business Arbitration, or Mediation: Theory and Practice—three credits; or Negotiation—three credits
4) To the extent that additional courses or credits are needed to complete the required minimum of seven courses and 21 credits, students must choose and satisfactorily complete non-duplicative courses or seminars from the following list. If students are uncertain whether a course is duplicative they should consult with the Concentration Advisor and obtain prior approval.
ADMINISTRATIVE LAW: LAW JD 801
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.
FALL 2024: LAW JD 801 A1 , Sep 3rd to Dec 5th 2024
SPRG 2025: LAW JD 801 B1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Mon,Wed 10:40 am 12:40 pm 4 Bradley M. Baranowski LAW 103
Days Start End Credits Instructors Bldg Room Tue,Thu 2:10 pm 4:10 pm 4 Jack M. Beermann ADMIRALTY: LAW JD 932
3 credits
Admiralty 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 admiralty law. In addition, lawyers who handle international transactions will likely encounter admiralty issues even if they do not specialize in admiralty law; the practice of admiralty is by nature international. Admiralty practitioners work with lawyers and clients from many nations and travel often to those nations. 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 law will show how they fit together and affect one another. The substantive areas will include 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. We shall also examine ship mortgages and marine insurance. Marine insurance affects almost all aspects of admiralty law. We shall attempt to predict the effects of the Rotterdam Rules (a new treaty that the United States and other nations are in the process of ratifying) on various aspects of admiralty law, particularly the carriage of goods. This course is a pre-requisite to apply for membership in the two or three student team for the national Judge John R. Brown Admiralty Moot Court Competition, which will be held from April 11-13, 2024, in Seattle, Washington. Applicants for the Admiralty Moot Court Competition must first compete in the Stone Moot Court Competition. The Admiralty Moot Court competition will include instruction and an exercise in brief writing as well as oral argument. 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. GRADING NOTICE: This class will not offer the CR/NC/H option.
Advanced Legal Writing and Editing: LAW JD 874
3 credits
The purpose of this seminar is to provide students with the opportunity to improve their writing, editing and communication skills. Students will prepare a variety of practice related documents based on a single fact pattern. Some legal research will be necessary, but the emphasis will be on writing, not on research. Students will also have the opportunity to edit other students' papers, with the goal of improving their own writing skills. Actors will perform a scenario for the class, from which students will extract the pertinent facts. From this fact pattern, students will draft an inter office memo, a letter or memo to a non lawyer client, and a trial or appellate brief. Students will also engage in simulated client interviewing and counseling sessions, as well as a simulated meeting with a supervisor. Students will be graded on the basis of their written work, editing work on their classmate's papers and on their classroom performance. There will be no final exam. NOTE: This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. ENROLLMENT LIMIT: 14 students. 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.
FALL 2024: LAW JD 874 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Thu 2:10 pm 4:10 pm 3 Constance A. Browne LAW 513 Alternative Dispute Resolution: LAW JD 881
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).
SPRG 2025: LAW JD 881 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue,Thu 2:15 pm 3:45 pm 3 Mark Bamford Appellate Clinic Seminar 2: LAW JD 945
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.
SPRG 2025: LAW JD 945 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue 4:20 pm 6:20 pm 3 Madeline H. Meth BUSINESS ORGANIZATION: LAW JD 818
3 credits
This seminar will explore various ways to organizationally design businesses, especially for those who aim one day to lead, advise, or regulate large corporations. The organizational considerations that are the focus of the core Corporations class represent only some of the many organizational decisions that business leaders face. Besides deciding whether to take a firm public and designing the corporate governance structure, leaders must choose how to integrate algorithms and technology platforms into the business model; whether to outsource various functions, such as call centers and manufacturing; whether to locate corporate compliance within the same group as the general counsel's office or as a separate part of the organization; and how to design the business units to maximize innovation. With each of these decisions, designers must integrate lawyers and the law. This seminar will explore such issues at a strategic level, focusing in particular on the relationship between corporate compliance, liability, and organizational design. There will be no exam. Instead, students will be assessed on their class participation and a 3000-word paper. UPPER-CLASS WRITING REQUIREMENT: Class of 2024 -- This class may be used to partially satisfy the requirement. PREREQUISITE: Any one of the following: Corporations, Compliance and Risk Management in Global Commerce, Compliance Policy Clinic, or Financial Regulation. ** 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.
Civil Litigation Clinic: Pretrial Advocacy: LAW JD 967
3 credits
THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation Clinic. Pretrial Advocacy is the companion fall classroom component for students in the Civil Litigation Clinic. 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. PRE/CO-REQUISITES: Evidence and Professional Responsibility. NOTE: Students who enroll in this component of the clinic may count the credits towards the 6 credit Experiential Learning requirement. It may not be used to satisfy more than one requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
FALL 2024: LAW JD 967 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Tue 4:20 pm 6:20 pm 3 Constance A. Browne LAW 508 CIVIL RIGHTS LITIGATION: LAW JD 877
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.
FALL 2024: LAW JD 877 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Tue,Thu 4:20 pm 6:20 pm 4 S. Theodore MerrittJack M. Beermann LAW 413 Competitions: Brief Writing: LAW JD 706
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.
FALL 2024: LAW JD 706 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Fri 10:30 am 12:30 pm 1 Jennifer Taylor McCloskey LAW 203 COMPLIANCE POLICY: SEMINAR: LAW JD 729
3 credits
THIS CLASS IS RESTRICTED to students who have formally applied and been accepted to the Compliance Policy Clinic. The Clinic is designed to develop core skills and capacities that are transferrable across compliance practice contexts and substantive areas of law. Clinic students hone research, analysis, writing, fact investigation, interviewing, presentation, counseling, project management, and interprofessional collaboration skills while deeply engaging issues of ethics, culture, risk management, and enforcement. PRE/CO-REQUISITE: Introduction to Risk Management and Compliance. Additional courses that may be helpful to take before or at the same time as the Clinic: Corporations, Administrative Law, Professional Responsibility. NOTE: The Compliance Policy Clinic counts towards the 6 credit Experiential Learning Requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
FALL 2024: LAW JD 729 A1 , Sep 3rd to Dec 5th 2024
SPRG 2025: LAW JD 729 B1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue,Thu 8:30 am 10:30 am 3 Danielle Pelfrey Duryea LAW 518
Days Start End Credits Instructors Bldg Room Tue,Thu 8:30 am 10:30 am 3 Danielle Pelfrey Duryea Consumer Debt Practicum: LAW JD 705
2 credits
THIS CLASS IS RESTRICTED to students who have formally applied and been accepted to the Consumer Debt Practicum. Consumer Unit at Greater Boston Legal Services staffs the Consumer Debt Practicum in Small Claims Court at the Boston Municipal Court (BMC) Roxbury Division, East Boston Division, Charlestown Division and Chelsea District Court. The practicum provides pro bono representation to low-income defendants in small claims court on credit card collection matters. Students will participate at the BMC Brighton Division on Thursday afternoons from 1 – 4 pm (or earlier if cases resolve before 4 pm).
CORPFINTECH LAW & POLICY: LAW JD 976
3 credits
Corporate and securities law are dynamic fields constantly responding to economic, political, and social developments. Financial innovations like Bitcoin, cryptocurrencies, blockchain, initial coin offerings, and online gaming platforms force reexamination of existing legal doctrines like the definition of a security. Algorithmic trading and artificial intelligence challenge our notions of the meaning of knowledge/intent/scienter for purposes of securities fraud. Populist pressures revealed in episodes like GameStop alter our thinking about market manipulation. The rise of environmental, social, and governance investing, and the increasing emphasis on human capital management and diversity, equity, and inclusion prompt reassessment of the meaning of fiduciary duty. Increased shareholder concentration and crossownership raise antitrust concerns. This seminar will examine how corporate and securities law cope with highly-dynamic market developments. Throughout the course, we will develop an understanding and appreciation for the increasingly complex role of corporate law and lawyers in navigating an almost infinite range of challenges facing their clients, the legal system, and 21st century capitalism itself. Students will also have some input on the topics covered. PREREQUISITE: Corporations LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
Criminal Procedure: Adjudicatory: LAW JD 820
3 credits
This course 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. RESTRICTIONS: Enrollment is limited to students who have not taken and are not currently enrolled in Criminal Procedure: Comprehensive (JD 819). Students who have taken or who are enrolled in Criminal Procedure: Constitutional (JD 821) are permitted to take this course. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.
SPRG 2025: LAW JD 820 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue,Thu 11:00 am 12:25 pm 3 Sadiq Reza Criminal Procedure: Comprehensive: LAW JD 819
4 credits
This course surveys the constitutional rules that govern investigation, prosecution, and adjudication in the criminal process and 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: Constitutional (JD821) or Criminal Procedure: Adjudicatory (JD820). GRADING NOTICE: This course does not offer the CR/NC/H option.
FALL 2024: LAW JD 819 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Mon,Wed 2:10 pm 4:10 pm 4 Sadiq Reza LAW 103 Criminal Procedure: Investigatory: LAW JD 821
4 credits
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. GRADING NOTICE: This class will not offer the CR/NC/H option. RESTRICTION: Students may not enroll in this section and Criminal Procedure: Comprehensive (JD819).
CRIMMIGRATION: LAW JD 837
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.
SPRG 2025: LAW JD 837 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Wed 10:40 am 12:40 pm 3 Sarah R. Sherman-Stokes Current Issues in Employment Law: LAW JD 906
3 credits
This seminar focuses on recent trends and developments in employment law as seen from the perspective of a practitioner. Topics include recent legislative and practice developments related to paid leaves of absences, restrictive covenants, the #me too movement, specifically efforts to end non-disclosure provisions and efforts to make discrimination and harassment claims easier to bring, and salary transparency. Topics also include: increased prevalence of retaliation claims and wage and hour claims, including with respect to the latter the challenges created by a "gig economy" (i.e., employee vs. independent contractor classification); increases in unionization efforts, and the complexities caused by remote workers. NOTE: Prior labor/employment law coursework preferred but not strictly required. UPPER-CLASS WRITING REQUIREMENT: This class may not be used 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.
FALL 2024: LAW JD 906 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Wed 6:30 pm 8:30 pm 3 Halem LAW 204 DIGITAL MONEY & PROPERTY: LAW JD 728
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.
FALL 2024: LAW JD 728 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Thu 4:20 pm 6:20 pm 3 Timothy Duncan LAW 418 DISABILITY LAW: LAW JD 749
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.
FALL 2024: LAW JD 749 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Thu 10:40 am 12:40 pm 3 Gregory Dorchak LAW 417 ECONOMIC DEMOCRACY: LAW JD 863
3 credits
Graduate Prerequisites: ADMINISTRATIVE LAW - Workers today have little say inside American companies. This course will explore worker voice in the corporation and workplaces more generally. We will investigate various methods for enhancing worker voice, such as codetermination, bicameralism, unionization, worker councils, employee ownership, and shareholder activism. We will explore how corporate law and investor law both inhibit and shape worker economic voice, and we will study various current developments including efforts to put workers on corporate boards, the human capital management movement, labor's capital activism, proposed reforms to corporate governance and corporate purpose, and expanding notions of fiduciary duty. There will be several professional and academic guest speakers. GRADING NOTICE: This class does not offer the CR/NC/H option. PREREQUISITE: Corporations. 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.
Effective and Ethical Deposition: LAW JD 958
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.
SPRG 2025: LAW JD 958 A1 , Jan 13th to Apr 23rd 2025
SPRG 2025: LAW JD 958 B1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Mon 10:40 am 12:40 pm 3 Constance A. Browne
Days Start End Credits Instructors Bldg Room Mon 2:10 pm 4:10 pm 3 Constance A. Browne EMPLOYMENT LAW: LAW JD 834
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.
FALL 2024: LAW JD 834 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Mon,Wed 10:45 am 12:10 pm 3 Benjamin David Pyle LAW 101 ENVIRONMENTAL JUSTICE & CIVIL RTS: LAW JD 722
3 credits
Environmental Justice can be defined as the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws and policies. Over the last two decades efforts to secure environmental justice, including climate justice, have become important features of environmental policy and activism in the United States and globally. This seminar will explore whether a healthy environment is a basic human right, why environmental justice concerns have arisen, and what legal mechanisms may be used to address them. We will identify current situations where claims of environmental injustice might be made, and examine how existing legal tools, such as the US Constitution, the 1964 Civil Rights Act, federal environmental statutes, and international treaties might be applied to deal with them. Course requirements include a final paper, a class presentation based on the paper topic, and class participation. Students may also register for the Environmental Law Practicum and gain practical experience working on environmental justice issues at an environmental non-profit organization. There is no prerequisite for this seminar. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. GRADING NOTICE: This class does not offer the CR/NC/H option. 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 (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.
Family Law: LAW JD 814
4 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 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 many other fields of law, such as contracts, constitutional law, conflicts of laws, criminal law, property, tax, torts, and trusts and estates, as well as how social science informs family law. This course will also consider the impact of the COVID-19 pandemic on families and areas of family law doctrine and practice. 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 (such as domestic partnerships); common law incidents of marriage and transformation of the common law; domestic violence; traditional and "no fault" divorce; property division; spousal support; child support; child custody; and regulating parenthood. Students will be introduced to the role of negotiation, mediation, and other forms of dispute resolution in the practice of family law. 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.
FALL 2024: LAW JD 814 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Tue,Thu 10:40 am 12:40 pm 4 Linda C. McClain LAW 209 Family Law: LAW JD 811
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.
SPRG 2025: LAW JD 811 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue,Thu 11:00 am 12:25 pm 3 Katharine B. Silbaugh Federal Civil Practice: LAW JD 785
3 credits
This seminar explores federal court jurisdiction to entertain petitions for the writ of habeas corpus. Some attention will be given to habeas corpus as a means of challenging actions taken by the Federal Government in connection with national security and immigration. More attention will be given to habeas as the means by which state and federal prisoners attack criminal convictions and death sentences. The seminar should be of interest to students interested in the institutional role of federal courts in the United States, the relationship between federal courts and state courts, and the procedural mechanisms for adjudicating federal constitutional issues in criminal cases. Students who plan to practice criminal law, to handle capital litigation, or to clerk for federal judges will find the seminar especially valuable. NOTES: This class does not satisfy the upper-class writing requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
Federal Courts: LAW JD 836
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.
FALL 2024: LAW JD 836 A1 , Sep 3rd to Dec 5th 2024
SPRG 2025: LAW JD 836 B1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue,Thu 10:40 am 12:40 pm 4 Larry Yackle LAW 101
Days Start End Credits Instructors Bldg Room Mon,Wed 10:40 am 12:40 pm 4 Bradley M. Baranowski FEDERAL COURTS: LAW JD 847
3 credits
Federal Courts is a course about judicial power. In short, it helps students answer the question: What is the role of the federal judiciary in our constitutional democracy. We examine the statutory, constitutional, and judge-made doctrines that empower the federal courts, as well as those that limit their authority. What is a "case" to begin with? Are some disputes simply not cases amenable to resolution by federal judges? Who should be able to bring a case to the courts' attention? The simple answer is someone injured by unlawful conduct. But what constitutes an injury? And who decides what constitutes an injury? Who can be held accountable for injuries resulting from unlawful conduct? Should certain entities and people have immunity from suit in federal court altogether? We grapple with that question in our study of state sovereign immunity and official immunity doctrines. We also study the relationships between the federal courts and the other branches of government: Congress and the President. For example, does Congress have the power to abolish the federal courts, if it sees fit? Could it remove certain cases from the federal courts' jurisdiction, such as cases involving immigration or the Second Amendment? This course builds extensively on topics covered in Constitutional Law and Civil Procedure. It is strongly recommended for students who are interested in litigation of any sort (in state or federal court), civil rights, and government lawyering at any level, including clerking for a state or federal judge.
Gender, Violence and the Law: LAW JD 798
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. 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.
SPRG 2025: LAW JD 798 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Mon 10:40 am 12:40 pm 3 Naomi M. Mann Heath Care Fraud and Abuse: LAW JD 726
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.
SPRG 2025: LAW JD 726 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue 10:40 am 12:40 pm 3 Erica Hitchings HOMICIDE INVESTIGATIONS & TRIALS: LAW JD 950
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.
SPRG 2025: LAW JD 950 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue 4:20 pm 6:20 pm 3 Christina Pujals Ronan HOUSING LAW: LAW JD 961
3 credits
Over the last sixty years housing law has evolved in a number of significant ways. Where once a lease was primarily considered to involve a transfer of an interest in land, it is now considered to involve a relationship framed by contract principles. Consistent with this change, tort law involving rental property is moving from a traditional negligence standard to a more complex standard based upon a duty derived from the implied warranty of habitability. Courts must now determine whether landlords should be held strictly liable in tort for personal injury claims based on defective conditions, inadequate security, lead poisoning, etc. Where formerly a landlord had significant discretion over tenant selection and tenancy termination, a variety of state housing laws and federal/state anti-discrimination laws now place significant limits on the landlord's power and control over these tenancy relationships. Public housing and governmentally subsidized housing has generated much heated debate as well as litigation over such issues as development-based policing authority and the right to evict entire families based upon criminal conduct of one family member. Finally, during the past four years complex title, tenancy, consumer rights and community preservation issues have arisen in the wake of the foreclosure crisis that has swept the nation. This seminar will focus on the various legal, social policy, and practical issues emerging with respect to traditional tenancies, premises liability, public safety in public and subsidized housing, housing discrimination, environmental protection, and control of foreclosed property. Student classroom participation and papers are required. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class is frequently offered in alternating years. 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.
Immigrants' Rights - Human Traffic Clinic: LAW JD 859
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.
FALL 2024: LAW JD 859 A1 , Sep 3rd to Dec 5th 2024
SPRG 2025: LAW JD 859 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room ARR 12:00 am 12:00 am 3 Sarah R. Sherman-StokesJulie A. Dahlstrom
Days Start End Credits Instructors Bldg Room ARR 12:00 am 12:00 am 3 Julie A. DahlstromSarah R. Sherman-Stokes Immigrants' Rights and Human Trafficking Clinic: Human Trafficking Advocacy: LAW JD 817
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.
SPRG 2025: LAW JD 817 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue 2:10 pm 4:10 pm 3 Julie A. Dahlstrom Immigrants' Rights/Human Traffic Clinic: LAW JD 888
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.
SPRG 2025: LAW JD 888 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue 2:10 pm 4:10 pm 3 Sarah R. Sherman-Stokes Immigrants' Rights/Human Traffic Course Skills: LAW JD 882
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.
FALL 2024: LAW JD 882 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Tue 2:10 pm 4:10 pm 3 Sarah R. Sherman-StokesJulie A. Dahlstrom LAW 416 IMMIGRATION LAW: LAW JD 968
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.
FALL 2024: LAW JD 968 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Mon,Wed 10:45 am 12:15 pm 3 Sarah R. Sherman-Stokes LAW 702 INTERNATIONAL ARBITRATION: LAW JD 980
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. ** 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.
INTERNATIONAL CRIMINAL LAW: LAW JD 996
3 credits
This class will focus chiefly on the crimes for which individuals incur criminal liability directly under contemporary international law. We will cover, in particular, (i) what crimes qualify as international in this sense, general principles of international criminal jurisdiction and immunities, and the historical evolution of the field from its genesis after World War I to Nuremberg to the permanent International Criminal Court established in 2002; (ii) treaty provisions, statutes, and tribunal jurisprudence defining the nature and scope of liability for core international crimes, viz., genocide, crimes against humanity, and war crimes; (iii) modern debates over other, and at times more controversial, international crimes, such as torture and CIDT, as well as the crime of aggression; (iv) the minimal requirements and forms of individual criminal responsibility under international law; and (v) selected special topics, including the principle of legality, head of state immunity, and crimes of sexual violence. LIMITED WRITING REQUIREMENT OPTION: A limited number of students will be permitted to satisfy the upper-class writing requirement with this seminar after consultation with the instructor. ** 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.
International Law Research: LAW JD 707
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.
INTL IMM/REFUGEE LAW & POLICY: LAW JD 747
3 credits
We will address major themes and controversies in international immigration and refugee law and policy, including: Is there a need for international immigration law, and how is international immigration law beneficial for the facilitation of global mobility and the protection of the rights of migrants? What are some of the challenges that international migration poses to sovereign states? How is International immigration shaped by colonialism and neo-colonialism, household decision making processes, changes in national and international labor markets, and other factors? What are some of the structural forces creating inequality in access to global migration? What are the international agencies dealing with international migration? What are the main categories of migrants, how are their rights protected under international law and what is the relationship between them? What is the definition of refugee in international law? How should responsibility for international migrants be shared internationally? Classes will look into these questions through examining legal doctrine and theory and through examining case studies from different countries, including, but not limited to, the United States.
JUVENILE DELINQUENCY: LAW JD 824
3 credits
The American juvenile justice system was established over one hundred years ago to address the problem of young offenders. This course examines the historical, social and legal foundations for our current system. We will examine the issue of "rights" as applied to children and look at the effects of ideology and politics on the current juvenile justice system. How have assumptions of childhood and responsibility changed? Has the juvenile court been "criminalized" with the introduction of due process rights for children? Under what circumstances are children treated as adult offenders? Selected issues for inquiry include: police interrogation of juveniles; school safety and zero tolerance policies; adjudicative competency; anti-youth crime policies; conditions of incarceration; and changes brought about by elimination of mandatory juvenile life without parole. We will examine these issues through use of court cases, law review articles, governmental and private organizational position papers, and legislative history. As we consider the overarching issue of whether it makes sense to maintain a separate justice system for juveniles. Students are expected to attend each class prepared to discuss the assigned readings. Course requirements include a 15-20 page final paper, a class presentation based on the paper topic or related class readings, and assigned reaction papers over the course of the semester. ENROLLMENT LIMIT: 18 students. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
SPRG 2025: LAW JD 824 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Wed 10:40 am 12:40 pm 3 Tiffani Darden Labor Law: LAW JD 851
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.
SPRG 2025: LAW JD 851 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue,Thu 10:45 am 12:10 pm 3 LATINXS & LAW: LAW JD 830
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.
SPRG 2025: LAW JD 830 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Wed 2:10 pm 4:10 pm 3 Jasmine Gonzales Rose Learning from Practice Ext: Fieldwork: LAW JD 809
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 the legal department of a non-profit, government agency, judicial placement, private company, or at a law firm. 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. NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Learning from Practice: Seminar (JD 771).
FALL 2024: LAW JD 809 A1 , Sep 3rd to Dec 5th 2024
FALL 2024: LAW JD 809 A2 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room
FALL 2024: LAW JD 809 A3 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room
FALL 2024: LAW JD 809 A4 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room
FALL 2024: LAW JD 809 A5 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room
FALL 2024: LAW JD 809 A6 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room
FALL 2024: LAW JD 809 A7 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room
SPRG 2025: LAW JD 809 B1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room
SPRG 2025: LAW JD 809 B2 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room
SPRG 2025: LAW JD 809 B3 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room
SPRG 2025: LAW JD 809 B4 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room
SPRG 2025: LAW JD 809 B5 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room
SPRG 2025: LAW JD 809 B6 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room
SPRG 2025: LAW JD 809 B7 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room
Days Start End Credits Instructors Bldg Room LEGAL WRITING FOR CIVIL LITIGATION: LAW JD 712
3 credits
This class is designed to give students experience in legal writing for civil litigation. Over the course of the semester, students will work on the various stages of a federal court litigation from pre-complaint investigation through dispositive motions. There will be opportunities to draft a variety of litigation documents, including complaints, discovery, motions, and research memos. Students will complete multiple drafts of key documents and will meet individually with the instructor to discuss the drafts. Students will focus on using the facts to tell their clients' story and making persuasive, winning arguments. In class, students will discuss a range of strategic questions including developing viable causes of action, identifying critical facts, and using written discovery to obtain information. Additionally, students will participate in several in-class exercises designed to improve the students' skills in writing, fact-gathering and argument. UPPER-CLASS WRITING REQUIREMENT: This Dedicated Writing Class may be used to satisfy the requirement. RESTRICTION: Students may not enroll in both Legal Writing for Civil Litigation and Persuasive Writing: Trial Level (JD 713). ** 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.
FALL 2024: LAW JD 712 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Tue 2:10 pm 4:10 pm 3 Edward J. DeAngelo LAW 513 Mediation: Theory and Practice: LAW JD 826
3 credits
This class will cover the theory and practice of mediation as a mode of Alternative Dispute Resolution (ADR) used in various legal contexts. We will start by mastering the basic concepts and techniques of facilitated negotiations, and work our way, using simulations and role plays, through successively more difficult mediation scenarios. These scenarios will be set in various legal contexts such as commercial, family, criminal, and international disputes. We will work together to develop your individual mediation skills and to learn effective mediation advocacy and settlement valuation. Through lectures, exercises, simulations and classroom discussions we will focus on the theoretical underpinnings that guide the mediation process and the skills related to communication, problem-solving and professional judgment. We will explore the ethical and professional issues related to mediation as well as the legal and cultural constructs that shape mediation practice. Because this course is experiential, students are required to attend all sessions and to participate actively. 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. 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 waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.
FALL 2024: LAW JD 826 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Mon 4:20 pm 6:20 pm 3 Alarcon LAW 420 Negotiation: LAW JD 921
3 credits
The goal of this course is to improve your effectiveness as a negotiator. In this highly interactive class, students will examine negotiation from a variety of perspectives and learn specific negotiation strategies and tactics. Over the course of the semester, students will engage in a series of negotiation exercises (i.e., role plays) through which they can develop and hone their negotiation skills and approaches. Discussion and short lectures will accompany the role-plays, as appropriate. There will be short written assignments as well as a longer paper due at the end of the semester. No final exam. ENROLLMENT LIMIT: 16 students. NOTE: This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. RESTRICTION: Students may not enroll in both Negotiation and Alternative Dispute Resolution (JD881).
FALL 2024: LAW JD 921 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Tue,Thu 2:15 pm 3:45 pm 3 Mark Bamford LAW 410 PRIVATE EQUITY & VENTURE CAPITAL: LAW JD 931
3 credits
This seminar introduces students to the business and legal issues prevalent in private equity and venture capital deals and highlights the significant role that lawyers play in effecting these transactions. The seminar will begin with an overview of the private equity and venture capital industries, an introduction to investment transactions and will proceed through all aspects of the life of an investment from inception to exit. It will address how investment funds are formed and the legal and financial considerations present when those funds invest in private companies. We will examine deal terms and structures, pricing and corporate finance issues, and the management of deal risk. It will also highlight the due diligence process, stockholder relationships, fiduciary duties and securities laws considerations, and liquidity events. Theoretical readings will be balanced against practical articles and commentary, recent court decisions and model deal documents. The seminar will be highlighted by guest lectures by private equity and venture capital investment professionals. Grades will be based on a final exam, short pre-class exercises and class participation. PREREQUISITE: Corporations (May be waived with an instructor's permission.) UPPER-CLASS WRITING REQUIREMENT: This class may not be used 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 (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.
SPRG 2025: LAW JD 931 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Mon 6:30 pm 8:30 pm 3 Michael J. Kendall Prosecutorial Ethics: LAW JD 806
3 credits
Former U.S. Supreme Court Justice Robert Jackson once noted, "The prosecutor has more control over life, liberty, and reputation than any other person in America." This seminar examines the unique role and power of prosecutors and their responsibility to ensure "that guilt shall not escape or innocence suffer." We will study the ways in which prosecutors exercise their broad discretion and the ethical and practical considerations that affect those determinations. What duty does the prosecutor owe to a victim? To the police? To the public at large? How might those parties' interests conflict with a prosecutor's objectives and impact prosecutorial decisions? A major focus of this course will be the prosecutor's obligations to the accused and the various ways in which those duties are breached. We will examine the consequences of prosecutorial misconduct, the ways in which it may or may not be remedied, and to what extent it can be deterred. Other topics to be covered include the relationship between the prosecutor and the grand jury, conflicts of interest, selective prosecution, trial misconduct, prosecutorial immunity, mandatory minimum sentences, the use of confidential informants and cooperating witnesses, discovery of exculpatory evidence, post-conviction obligations, and wrongful convictions. Our study will draw heavily from historical as well as current events, and will include emphasis on the ways in which the role of the prosecutor is shifting. Students will engage in mock disciplinary hearings, playing the role of bar counsel in bringing allegations of misconduct against prosecutors or defending them against such claims. NOTE: seminar satisfies the Professional Responsibility requirement. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. RECOMMENDED COURSE: Criminal Procedure, taken either prior to or concurrently with this seminar. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
SPRG 2025: LAW JD 806 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Mon 10:40 am 12:40 pm 3 Brian A. Wilson REGULATION OF THE IMMIGRANT EXP: LAW JD 948
3 credits
Recent census data informs us that there are approximately 40 million immigrants living in the United States. About 11 million of these immigrants are undocumented or otherwise in the country illegally. The rest of the country remains divided on their feelings regarding the immigrant population, with about half believing that immigrants "strengthen the country because of their hard work and talent, while 41% [believe them to be] a burden because they take jobs, health care and housing." (Information in this paragraph obtained from Most Illegal Immigrants Should Be Allowed to Stay, but Citizenship is More Divisive (Pew Research Ctr., Washington, D.C.), Mar. 28, 2013.) This course will investigate the life of an immigrant in American society from a legal perspective. Students will learn how immigrants, both documented and undocumented, interact with various sections of the American system. The goal is to assess various ways in which an individual's immigration status affects access to important rights and benefits accorded to citizens and analyze the legal rationale for existing limitations. We will examine these issues through the use of law review articles, court cases, existing and proposed legislation, newspaper articles, empirical studies, and governmental and private organizational position papers. Topics may include an investigation of an immigrant's access and limitations in primary and secondary education, public benefits, the court system, employment, voting, as well as modes of immigration policing by both federal immigration authorities and state police. ENROLLMENT LIMIT: 16 students. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
REMEDIES: LAW JD 720
3 credits
The study of law largely involves understanding the substantive scopes of rights and of prohibitions, but, for the bar examination, for practice, and for intellectually engaging with legal topics conceptually, it is essential to understand what the potential solutions are for a wronged person or entity. Remedies is devoted to developing that latter understanding. In this course, we will explore the legal powers and limits for righting those who have been wronged and for preventing future wrongs. This course includes both public law and private law remedies with a particular focus on social justice and remedial topics that are generally not covered within the 1L curriculum or other required courses. In addition to helping to prepare students for bar examinations (which often test for remedies in civil procedure, contracts, property, and torts), examining remedial principles in this course will be useful to those encountering remedies problems in litigation across substantive fields. This course also covers historically-important and current, hot topics such as reparations, impact injunctions against governmental defendants (so-called "nationwide" or "universal" injunctions), and court-debt related remedies (such as litigation challenging drivers' license suspensions due to nonpayment of fines). UPPER-CLASS WRITING REQUIREMENT: Class of 2024 -- This class may be used to partially satisfy the requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
RESTORATIVE JUSTICE: LAW JD 827
3 credits
A study of the fundamental principles and practices of restorative justice as applicable to church and society. The course explores the needs and roles of key stakeholders (victims, offenders, communities, justice systems), outlines the basic principles and values of restorative justice, introduces some of the primary models of practice, and identifies challenges to restorative justice and strategies to respond to them. The course is organized around the issue of crime and harm within a western legal context, but attention is given to applications in other contexts. Of particular interest is the contribution of traditional or indigenous approaches to justice as well as applications in post-conflict situations. The class meets at the School of Theology and will include students from both the Law School and the School of Theology. Students will be graded on the basis of their written work and classroom performance. There will be no final exam.
SEX CRIMES: LAW JD 947
3 credits
Over the last few decades, the public has become increasingly concerned about sexual crimes. In addition to harsher punishments, several civil, collateral consequences have become common such as indefinite commitment and registration. This class will explore how sexual offenses are dealt with in the criminal justice system and the underlying reasoning for the heightened attention, including morality, statistical data, and psychological/scientific evidence. We will discuss the limitations, if any, that govern collateral consequences such as indefinite civil commitment and registration (e.g. Constitutional restrictions, scientific uncertainty). The class aims to challenge preconceived notions of sex crimes and sex offenders through case law, guest speakers, academic literature, and real life scenarios. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. PRACTICUM OPTION: A limited number of students may apply to enroll in the Sex Crimes Practicum (JD962). **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.
Sex Crimes Practicum: LAW JD 962
Var credits
THIS CLASS IS RESTRICTED to students who have applied to and been accepted to the Sex Crimes Practicum. Students receive credit for completing a sex-crimes related project -- either litigation or policy-oriented -- as a supplement to the Sex Crimes seminar. Projects will vary in scope and content based on student interest and the number of students enrolled. Project topics include sex crime policy, the identification and tracking of constitutional challenges to civil laws, and work on pending cases such as registration hearing, civil commitment trials, or criminal appeals. Throughout the semester, students will work under the supervision of Professor Eric Tennen. Practicum students must attend six class meetings with Professor Tennen. Students receive either 1 or 2 graded credits depending on the nature of the project and the anticipated workload. NOTE: This clinic counts toward the 6 credit Experiential Learning requirement. PRE-/CO-REQUISITE: Sex Crimes (JD 947), or equivalent work experience or academic foundation, determined on a case-by-case basis by the instructor. GRADING NOTICE: This course does not offer the CR/NC/H option.
SUPREME COURT DECISIONMAKING: LAW JD 903
3 credits
This course will focus on cases that are currently on the docket of the Supreme Court across the range of the Court's subject matter. In the first week of class, we will read a set of pending certiorari petitions and vote as a class on whether we would grant the petition. (Petitions and background readings will be available on the course website.) Each student will be responsible for writing a brief memorandum in one case on whether the Court should grant the petition. Thereafter, each week, the class will read materials in preparation to discuss one or two cases pending on the merits, including its lower court opinion, the briefs from each party and selected amicus briefs. Prior to each class session, each student will be responsible for writing a brief memo (no more than a paragraph or two on each case) briefly stating how they would decide the case or cases for that week and why. Students will also be responsible for drafting one 20-25 page Supreme Court opinion and one 3-5 page dissenting opinion (either from their own opinion or someone else's) to be distributed to and discussed by the class. NOTE: Students registered for this seminar are encouraged to choose a case from the Court's docket during Fall Semester and take the lead on writing the opinion in that case. Students who do not choose a case in advance will be assigned one at the first class meeting. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement; two drafts and research on secondary sources is required. GRADING NOTICE: This course 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.
SPRG 2025: LAW JD 903 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue 4:20 pm 6:20 pm 3 Jack M. Beermann THE PRESIDENCY: LAW JD 695
3 credits
This seminar will examine constitutional, historical, doctrinal, and contemporary issues about the U.S. Presidency. We will cover issues such as war powers and foreign affairs, removal power and control over the administrative state, relations between the White House and the Department of Justice, impeachment, executive privilege, the pardon power, and other problems revealed by the Trump and Biden administrations. The seminar will focus on history and modern reforms. Our texts will be several recent books by notable legal scholars, major Supreme Court decisions, and other scholarship and legal materials. Some classes will be traditional seminar-style discussion among the two faculty members and students, while some will feature outside authors discussing their work with the class. 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.
WHISTLEBLOWER LAW: LAW JD 919
3 credits
Whistleblowing has become a frequent topic in the news around law and politics. What exactly is it, and what laws govern it? Who represents whistleblowers, and what is there to know about lawyering in this space? This course will examine federal (and some state) laws that protect and incentivize whistleblowers to provide information and assist in the enforcement of laws prohibiting fraud and misfeasance in both the public and private sectors. It will cover both the substantive law as well as the practical aspects of lawyering in this field. There are two types of whistleblower laws, and the seminar will cover both: 1) laws which protect whistleblowers inside and outside of government from retaliation by their employers for having engaged in protected activity, and 2) laws which provide financial incentives to whistleblowers for reporting fraud against the government, or fraud in the securities and commodities markets. Each student will write a paper based on a whistleblower case and will be encouraged to interview one or more whistleblowers who have gone through the experience and/or whistleblower attorneys who have a substantial practice in this area. Alternatively, students who express a particular interest in an area relevant to the course may get permission to explore that topic in their paper. There is no examination in this course; the grade is based on the paper and the students' participation in the class discussions 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.
FALL 2024: LAW JD 919 A1 , Sep 3rd to Dec 5th 2024
Days Start End Credits Instructors Bldg Room Tue 4:20 pm 6:20 pm 3 Robert M. Thomas Jr. LAW 417 WHITE COLLAR CRIME: LAW JD 854
3 credits
The purpose of this Course is to teach present-day white collar crime practice. The course will review: (i) the theoretical bases of modern white collar criminal prosecution; (ii) the major statutes used by prosecutors, including mail and wire fraud, securities fraud, bribery and extortion, obstruction of justice, perjury, and RICO; and (iii) the procedural aspects of white collar crime such as grand jury, attorney/client privilege, and sentencing. Students will learn the prosecutorial and defense techniques employed in significant recent white collar cases. Upon successful completion of the course, students will be familiar with the statutes, procedures, and legal analyses employed by prosecutors and private lawyers in white collar criminal practice. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule.
SPRG 2025: LAW JD 854 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Wed 4:30 pm 7:30 pm 3 David D’AddioSeth Kosto WRITING FOR LEGAL CHANGE: LAW JD 908
3 credits
This course explores various ways that legal change happens with a focus on the written methods. We will examine theories regarding when and how legal change occurs, highlighting the various roles lawyers can play in creating that change. The main modules of this course will focus on (1) clarifying the law for non-lawyers, (2) the op-eds medium, (3) amicus briefs and giving voice to non-parties, (4) advocacy for regulatory changes through rulemaking, and (5) ballot initiatives. Students will critically examine each type of writing, revising current sources and writing their own. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement. ** A student who fails to attend the initial meeting of a seminar, 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.
SPRG 2025: LAW JD 908 A1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Mon 10:40 am 12:40 pm 3 Hodo Walker Wrongful Convictions Practicum: LAW JD 902
2 credits
THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Wrongful Convictions Practicum. Students have the opportunity to enroll for one semester or as a full year course (two semesters in same academic year). Students work on the cases of prisoners who claim an unjust result after either trial or plea. Practicum students assist with screening new applications from prisoners seeking relief, and aid the instructor in representing one to two incarcerated clients. Students review attorneys' files, pleadings, transcripts of trials and other court proceedings, and judicial decisions with the goal of identifying potential areas of investigation and legal research that may lead to a motion for a new trial or other post-conviction relief for an incarcerated client. Students will also meet with these clients and potentially with witnesses. In addition to this case field work, students meet in weekly seminars with the instructor. NOTE: The Wrongful Convictions Practicum counts toward the 6 credit Experiential Learning requirement.
FALL 2024: LAW JD 902 A1 , Sep 3rd to Dec 5th 2024
SPRG 2025: LAW JD 902 B1 , Jan 13th to Apr 23rd 2025
Days Start End Credits Instructors Bldg Room Tue 4:30 pm 6:00 pm 2 Ira Gant LAW 410
Days Start End Credits Instructors Bldg Room Tue 4:30 pm 6:00 pm 2 Ira Gant YOUTH & THE LAW: LAW JD 895
3 credits
We will consider the way the law responds to the transition from childhood to adulthood across a variety of legal topics. We will consider the ways numeric age and conceptions of maturity influence responses to a range of issues. Topics may include: the treatment of youth in the criminal justice system; the rights of youth to familial or state support in obtaining housing and other material goods; the relationship between youth and commercial actors or other third parties ranging from the infancy doctrine to social media platforms; parental authority and responsibilities in healthcare and educational decision-making; the civic spheres of military service, voting, and jury duty; protective laws such as labor laws; and ages of privilege such as driving and access to alcohol, tobacco, and cannabis. We will read together for the first portion of the course, opening class with a simple reading quiz in lieu of reaction papers. In the middle portion of the course, we will use fishbowl debates and other rapid team work to develop and unpack frameworks underneath youth law. In the final portion of the course, students will offer oral presentations of their research projects in light of the frameworks we develop. Evaluation will be based on preparation, class participation, quizzes, presentations, and a paper. UPPERCLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. GRADING NOTICE: This seminar does not offer the CR/NC option.
• Independent Study in Litigation or Alternative Dispute Resolution Law** THIS IS SUPERVISED RESEARCH & WRITING – STUDENT NEEDS THEIR PROJECT TO BE ON A LITIGATION TOPIC AND TO BE APPROVED IN ADVANCE TO COUNT
* In order for these courses to qualify as a course in this list, they must be approved in advance by the Concentration Advisor. Courses in the Banking Law program (BK) are subject to availability and must obtain approval of Banking program.5) Students who wish to receive a concentration credit for courses not listed above in satisfaction of any of the above requirements or to waive a concentration requirement may do so with the approval of the faculty concentration advisor. Approval for courses taken outside of the School of Law is limited to graduate-level courses in litigation and dispute resolution law. Such courses may include those taken in a School of Law overseas program, and courses taken at other law schools or in other graduate programs at Boston University or elsewhere. A maximum of two courses may be approved for any student under the provisions of this paragraph.
6) Students who receive at least a 3.5 grade point average in School of Law courses taken to satisfy the requirements of the concentration will be certified as earning Honors in the Concentration in Litigation and Dispute Resolution. To be eligible for Honors, a minimum of five concentration courses comprising at least 15 credit hours must be in School of Law courses. In accordance with School of Law regulations, only School of Law courses are included in calculating a student’s grade point average, and only such courses will be used to determine whether a student has earned Honors in the Concentration in Litigation and Dispute Resolution. All Law courses taken that could be counted toward the concentration will be considered when determining honors, except if, by the end of the add/drop period, a student designates in writing to our Registrar’s Office a course or seminar to be taken that semester that the student does not want counted toward the concentration because that course/seminar is in addition to the minimum concentration requirements. This “opt-out” option applies only to courses in addition to the minimum concentration requirements.
7) To ensure maximum flexibility for students in their future career decisions, transcripts of students who elect the Concentration in Litigation and Dispute Resolution will not reflect the concentration. Rather, the School of Law Registrar’s Office will record completion of the concentration and the award of honors in the concentration, and will make available official documentation of these accomplishments at the student’s request.
Faculty
BU Law faculty boasts some of America’s leading experts in the field of litigation and alternative dispute resolution.In addition to full-time faculty scholars in the field, students gain practical training under the continuous supervision and guidance of our experienced, full-time clinical faculty.
Zohra Ahmed
Associate Professor
Jade Brown
Clinical Associate Professor of Law
Constance Browne
Clinical Professor of Law
Shira Diner
Lecturer and Clinical Instructor
Caitlin Glass
Visiting Lecturer and Clinical Instructor
Jasmine Gonzales Rose
Professor of Law
Steve Koh
Associate Professor of Law
Naomi Mann
Clinical Professor of Law
Ngozi Okidegbe
Moorman-Simon Interdisciplinary Career Development Associate Professor of Law
Angelo Petrigh
Clinical Associate Professor
Karen Pita Loor
Clinical Professor of Law
Benjamin Pyle
Associate Professor of Law
Christopher Robertson
Associate Dean for Strategic Initiatives, BU School of Law
David Rossman
Professor of Law Emeritus
Robert Tsai
Professor of Law
Brian Wilson
Lecturer and Clinical Instructor
Professor Madeline Meth is the faculty advisor for the Concentration in Litigation and Dispute Resolution and is available to answer questions about the substantive aspects of the concentration. Administrative questions should be directed to Associate Dean Gerry Muir.