Foundational Courses

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation and Justice Program. Student in the Civil Litigation and Justice Program handle their own caseloads, representing indigent clients in civil cases under the supervision of clinical faculty. Students may participate in the Program for either a full year (the Individual Rights Litigation Clinic (IRL) or Access to Justice Clinic (A2J)) or for one semester (the Employment Rights Clinic (ERC)). Students participating in IRL or A2J work on cases in areas such as domestic relations, eviction defense, employment law and Social Security appeals. Students in the ERC represent clients in unemployment compensation cases, with a possibility of working on wage and hour disputes, discrimination/sexual harassment cases, and Family Medical Leave Act cases. PRE/CO-REQUISITES: Evidence. NOTE: The Civil Litigation and Justice Program counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

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

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation and Justice Program. Pretrial Advocacy is the companion fall classroom component for students in the Civil Litigation and Justice Program IRL and fall ERC clinics. Pretrial Advocacy is taught in groups of roughly 14 students with two clinical professors per group. Classes are devoted to learning the theories of practice for use in the field, reinforced by activities and simulations in which students practice skills through role play. NOTE: Students who enroll in this component of the clinic may count the credits towards the 6 credit Experiential Learning requirement or the Professional Responsibility requirement. It may not be used to satisfy more than one requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation and Justice Program. Trial Advocacy is the companion spring classroom component for students in the Civil Litigation and Justice Program IRL and spring ERC clinics. Trial Advocacy is taught in groups of roughly 14 students with two clinical professors per group. Classes are devoted to learning the theories of practice for use in the field, reinforced by activities and simulations in which students practice skills through role play. NOTE: This course does not count towards the Professional Responsibility requirement. NOTE: This course counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

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

3 credits

Many of our most famous--and infamous--cases are procedural. Because procedural rules allow, or restrict, access to justice, procedure is a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This seminar will focus on the ways in which aspects of civil procedure decrease or perpetuate structural inequality for marginalized communities, especially regarding issues such as race, sex, gender, disability, nationality/immigration status, sexual orientation, and religion. We will read short, provocative essays to analyze which communities do, and do not, get a fair opportunity to have their claim or defense heard in court. From a critical perspective, we will engage in a discourse about the procedural, structural limitations on social justice. Another goal of this seminar is to explore a more complex view of our professional roles as attorneys. GRADING NOTICE: This class will not offer the CR/NC/H option. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This 3-credit course will examine the rules and doctrines of Evidence Law with a focus on the Federal Rules of Evidence and pertinent constitutional law. We will cover hearsay and its exceptions, relevance, prejudice, character evidence, impeachment, and other central subjects. Emphasis will be on the practical application, the policies and purposes, and theoretical considerations of Evidence Law. This course utilizes a problem-based approach to learning and encourages critical analysis of how Evidence Law impacts equity and justice. Assessment for the course will be based upon a bar-style multiple-choice final examination, a policy paper, and short review assignments due before each class (after the first week). This course satisfies BU Law clinics' Evidence prerequisite/co-requisite requirement.

4 credits

Lawson/Donweber: Practical and theoretical aspects of the rules of evidence. The purpose and policies underlying the evidentiary rules are stressed throughout in order to make the rules meaningful, predictable, and functional both for students interested in trial practice and for students who anticipate engaging in a more diversified practice. In addition to covering the substantive rules of evidence, the course demonstrates the significance of evidence as a tactical device at the trial and as a vital skill for the office lawyer. Okidegbe: Evidence law is a system of rules and standards that regulates proof of facts in adjudication. This course will examine the rules of Evidence Law with a focus on the Federal Rules of Evidence. It will utilize a problem-based approach to learning evidentiary concepts and standards. The topics covered by this course include relevance, character evidence, impeachment, competency of witnesses, the hearsay rule, opinion evidence, and other central subjects. Assessment for the course will be based upon a final examination.

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 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 legislative and judicial powers, Congress' authority to prescribe the federal courts' jurisdiction and to assign adjudicatory duties to other bodies (e.g., "legislative" courts and agencies), standing to litigate in federal court, conflicts between federal and state courts, the states' immunity from private lawsuits, the Supreme Court's authority to review state court judgments, and "abstention" doctrines governing the exercise of federal judicial power. We will explore theoretical and policy questions--asking not only what federal-courts law is at the moment, but also what it should be. Yet we will organize our discussions around practical lawyering in the federal courts--identifying and analyzing the constitutional, statutory, and judge-made hurdles that litigants must clear to obtain a decision on the merits of a federal question. Especially recommended for students who plan to practice with firms that represent clients subject to federal regulation, to pursue careers with federal or state agencies and departments, or to handle constitutional, civil rights, or other public interest litigation.

3 credits

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.

3 credits

This course introduces the student to the structure of the trial process and the skills used by trial lawyers. The topics covered range from opening statements to closing arguments, including conducting direct and cross-examination of witnesses, making and meeting objections, introducing documents and discovery into evidence, and using hypothetical questions with expert witnesses. Students must perform simulated exercises and will try one or more civil or criminal cases before a jury. Visit the web for more information on the instructors. PREREQUISITE: EVIDENCE. Students taking TRIAL ADVOCACY in the second semester of their third year may take EVIDENCE as a COREQUISITE. Students who have taken a trial advocacy course as part of a clinic may not subsequently enroll in Trial Advocacy. ENROLLMENT LIMIT: 12 students. GRADING NOTICE: This course does not offer the CR/NC/H option. NOTE: This course 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.