General Litigation Courses
Aggregate Litigation (S): LAW JD 977
A thorough consideration of the law of class actions and other forms of aggregate litigation, including under the Multidistrict Litigation Act. Topics will include class certification, class settlement and other forms of settlement, the coordination of aggregate litigation, and aggregation and arbitration. The materials and treatment will be trans-substantive, relevant to products liability, securities, employment and consumer litigation. Several short papers on course readings will be required. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement.
Civil Rights Litigation: LAW JD 877
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 2023: LAW JD 877 A1 , Sep 5th to Dec 7th 2023
|Tue,Thu||4:20 pm||6:20 pm||4||Jack M. BeermannS. Theodore Merritt|
Remedies : LAW JD 720
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.
Technology Law Clinic: Fieldwork (C): LAW JD 725
THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Technology Law Clinic. In the Clinic, students will represent MIT and BU students who are working on innovative research and ventures, counseling clients on issues including data privacy, intellectual property, computer crimes, cybersecurity, media law, and regulatory compliance. Students draft and negotiate agreements, design compliance programs, advise on the legality of innovative products and services, respond to cease-and-desist threats, and help clients anticipate and prepare for legal disputes, including pre-litigation support. Limited opportunities in litigation may be available. PRE/CO-REQUISITE: a course in one of the following three areas: (1) intellectual property (either an IP survey course or other core IP course such as patent, copyright, or trademark); (2) privacy law (including Privacy (JD 822)); or (3) cybersecurity. NOTE: The Technology Law Clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
Technology Law Clinic: Seminar 1: LAW JD 866
THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Technology Law Clinic. This is the fall classroom component to the Technology Law Clinic. The seminar introduces students to the lawyering skills relevant to a modern technology law practice, including effective counseling of innovation clients The seminar also introduces a variety of legal issues that arise in research and innovation environments, including advanced topics in intellectual property, computer crimes, and data privacy. NOTE: The Technology Law Clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
Technology Law Clinic: Seminar 2: LAW JD 869
THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Technology Law Clinic. This is the spring classroom component to the Technology Law Clinic. The seminar expands upon the lawyering skills and substantive legal discussions from the first semester, and will focus on questions of national policy as they relate to technology, including national control over technical information, academic privacy and freedom, and emerging cybersecurity regulation. NOTE: The Technology Law Clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.