General Courses
Antitrust & Health Care (S): LAW JD 891
3 credits
The healthcare industry has been a leading target of antitrust enforcement over the past two decades, and most of that has focused on the conduct of pharmaceutical companies. The high cost of prescription drugs is one of the biggest public policy challenges of our time and is now an issue squarely in the cross hairs of federal and state antitrust enforcers. The cases that result feature the application of traditional antitrust principles, formed over the last century, to a unique industry with atypical economics, complex regulatory schemes, and extensive enforcement of patent rights. At every turn, courts and regulators must balance the need to promote price-reducing competition with the need to maintain incentives for massive private R&D investment. This seminar will serve as an introduction to those cases. It will focus on the most common antitrust matters that arise from the competition between branded and generic drugs. It will also survey other hot topics at the antitrust-healthcare intersection more broadly, such as hospital and health system mergers. The course will also serve to develop practical lawyering skills--including how to critically analyze precedent, how to frame and to communicate advice to clients when legal standards are uncertain, and how lawyers shape the law. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement either partially or in full. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
SPRG 2024: LAW JD 891 A1 , Jan 22nd to Apr 22nd 2024Days | Start | End | Credits | Instructors | Bldg | Room |
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Mon | 4:20 pm | 6:20 pm | 3 | Mark Ford | LAW | 702 |
Disability Law (S): 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 2023: LAW JD 749 A1 , Sep 7th to Dec 7th 2023Days | Start | End | Credits | Instructors | Bldg | Room |
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Thu | 2:10 pm | 4:10 pm | 3 | Gregory Dorchak | LAW | 418 |
Health Care Fraud and Abuse (S): 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: A limited number of students may satisfy the requirement under the supervision of Ms. Hitchings. **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 2024: LAW JD 726 A1 , Jan 17th to Apr 24th 2024Days | Start | End | Credits | Instructors | Bldg | Room |
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Wed | 10:40 am | 12:40 pm | 3 | Erica Hitchings | LAW | 420 |
Health Care Transactions (S): LAW JD 998
3 credits
Partners, associates and general counsel from leading firms will discuss the deals they were personally involved in. After an introduction to the regulatory context of health care and health care transactional theory, the course will turn to case studies of 8 complex health care transactions, drawing on actual documents and the experience of practitioners who worked on the deals. The transactions include hospital M&A, joint ventures, clinical affiliations, and others. Students will analyze the deal and present your conclusions to the class, with the lawyers who closed it. Case law related to the legal issues presented by the transaction will be presented and discussed. Students also will complete two assignments: one considering the fiduciary obligations of a non-profit board of directors, and one writing exercise drawn from class materials. We also will review and discuss a term sheet for the acquisition of a home health agency by a hospital system. PREREQUISITE/COREQUISITE: Health Law. 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 2023: LAW JD 998 A1 , Sep 11th to Dec 4th 2023Days | Start | End | Credits | Instructors | Bldg | Room |
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Mon | 4:20 pm | 6:20 pm | 3 | Dianne McCarthy | LAW | 702 |
Health Justice Practicum: LAW JD 893
2 credits
The Health Justice Practicum is a new one-semester, two-credit course enrolling a maximum of six students. Students will collaborate with frontline health care providers who serve marginalized populations on projects that require legal and problem-solving skills and where providers and/or patients have identified a systemic problem affecting patients' health and wellbeing. In Spring 2022, we will be collaborating with Project RESPECT, an integrated obstetrics, addiction medicine, and behavioral health clinic at Boston Medical Center that serves low-income pregnant and parenting people in recovery from substance use disorders (SUDs), especially opioid use disorders (OUDs). Project RESPECT providers have identified a problem in Massachusetts law that significantly harms low-income parents in recovery from SUDs and their children, disproportionately harming Black, Indigenous, or other people of color (BIPOC) families. Children born to women in evidence-based medication-assisted recovery (e.g., methadone treatment) must be reported at birth to the Department of Children and Families as if the mother were actively using drugs. Children born to BIPOC mothers are more likely than children born to white mothers both to be reported to child protection authorities and to be separated from their families as a result. The trauma of custody disruption has demonstrated serious effects on both recovering parents and child health and development. We will explore and advocate for possible legal and policy advocacy solutions to these issues--for example, changes in mandatory reporting laws and reformed child protection agency practices to eliminate discriminatory decisionmaking. Students will attend group meetings as well as work on research and advocacy. The project work will allow students to hone their research, analytical, writing, presentation, and problem-solving skills. Regular group meetings will deepen students' understanding of their projects by providing a broader context. Students will also meet individually or in teams with the faculty supervisor to discuss their project work. GRADING NOTICE: This class will not offer the CR/NC/H option.
FALL 2023: LAW JD 893 A1 , Sep 6th to Dec 6th 2023Days | Start | End | Credits | Instructors | Bldg | Room |
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Fri | 10:40 am | 12:10 pm | 2 | Debbie FreitasCristina Freitas | LAW | 508 |
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Fri | 10:30 am | 12:00 pm | 2 | Cristina FreitasDebbie Freitas | LAW | 518 |
Health Law Externship: Fieldwork (C): LAW JD 762
Var credits
THIS CLASS IS RESTRICTED to students who have received permission from the Office of Experiential Education to enroll. Students receive credit for working at a public agency, a non-profit, or a private health care organization. Placements may be paid or unpaid. Prior to the beginning of the semester, the course instructor works with students to identify suitable field placements depending on each student's individual interests and career goals. Once possible placements are identified, students are responsible for applying and being accepted to those organizations. Students receive 3-9 variable P/F credits for their fieldwork, as determined in consultation with their placement supervisors. Each credit requires 50 hours of work over the course of the 13-week semester (averaging 4 hours per week). NOTE: Students who enroll in this externship may count the credits towards the 6 credit Experiential Learning requirement. COREQUISITE: Health Law Externship: Seminar (JD 764).
FALL 2023: LAW JD 762 A1 , Sep 5th to Dec 7th 2023Days | Start | End | Credits | Instructors | Bldg | Room |
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Health Law Externship: Seminar: LAW JD 764
1 credits
THIS CLASS IS RESTRICTED to students who have received permission from the Office of Experiential Education to enroll. This is the companion academic component for students enrolled in the Health Law Externship: Fieldwork course. The one-hour weekly seminar examines various health law issues as well as the challenges of working in a health care environment. The seminar requires students to write a paper and make a class presentation. In addition, each student submits reflective memoranda chronicling their educational experience and reactions to the practice of law observed at the field placements. NOTE: Students who enroll in this externship may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Health Law Externship Program: Fieldwork (JD 762). GRADING NOTICE: This class does not offer the CR/NC/H option.
FALL 2023: LAW JD 764 A1 , Sep 11th to Dec 4th 2023Days | Start | End | Credits | Instructors | Bldg | Room |
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Mon | 6:30 pm | 8:30 pm | 1 | Dianne McCarthy | LAW | 702 |
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Wed | 4:20 pm | 6:20 pm | 1 | Dianne McCarthy | LAW | 508 |
Health Law Research: LAW JD 717
1 credits
Health law encompasses the engagement of the legal system with a large and dynamic segment of the U.S. economy. In this class, students will gain a familiarity with how to navigate the statutory and regulatory framework of health law, how to evaluate resources, and how complex and multi-part search strategies may be applied to research problems. Students will also gain a deeper understanding of databases beyond Lexis, Westlaw and Bloomberg, and of current awareness sources. Classes will combine instruction and hands-on exercises using print, electronic, and web-based resources. Students will be evaluated on several grounds, including class participation, regular assignments, and a short paper and presentation. NOTE: This class counts toward the 6 credit Experiential Learning requirement. NOTE: Students may not add this course after the first class has been held. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list are required to attend the first meeting to be considered for enrollment. Meeting Dates 2/7/2024-4/3/2024
SPRG 2024: LAW JD 717 B1 , Feb 7th to Apr 3rd 2024Days | Start | End | Credits | Instructors | Bldg | Room |
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Wed | 8:30 am | 10:30 am | 1 | Jenna Fegreus | LAW | 203 |
Hospital Law: LAW JD 913
2 credits
This course focuses on the highly regulated industry of health care, but with attention to the law applicable to hospitals and health systems. The course will review Federal and State statutes, regulations, as well as case law relevant to hospital organization, responsibilities and liability, credentialing, fraud and abuse laws and compliance oversight. The course is intended to develop competencies in understanding health care and health care insurance laws and regulations as they pertain to hospitals, developing familiarity with the reimbursement (particularly Medicare & Medicaid), regulatory compliance and enforcement issues facing hospital counsel. In addition, it is expected that students will demonstrate legal analysis and reasoning, problem-solving and communications skills required for work in a hospital/health care setting. Through understanding core health care law principles, students will learn the foundational legal, structural and business aspects of the modern hospital complex. Understanding how hospitals fit into the broader health care environment of payors, physicians, patients, regulators and other health care providers, law students will be able to appreciate the challenging dynamics affecting the health care system and the role of the hospital, often at the hub of activity, both in terms of current practice, but also health care delivery system reform. After completing the class, students will have been exposed to the key health care-related legal issues facing hospitals that hospital counsel and other health care lawyers need to know. Additionally, recognition of these stressors will be important training for lawyers in other disciplines interacting with hospitals, such as labor and employment law, intellectual property, antitrust, criminal defense, environmental, corporate, employee benefits, tax, etc. Course materials include a case book, primary source documentation, and guest lectures from in-house and outside counsel representing hospitals.
SPRG 2024: LAW JD 913 A1 , Jan 16th to Apr 23rd 2024Days | Start | End | Credits | Instructors | Bldg | Room |
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Tue | 5:30 pm | 7:30 pm | 2 | James BryantLarry Vernaglia | LAW | 203 |
Law & Regulation of Cannabis (S): LAW JD 969
3 credits
This seminar will examine the burgeoning field of law surrounding the use, sale, and production of cannabis. Possible topics include federal versus state power to regulate cannabis, the substantive criminal laws regarding cannabis, and a variety of other issues such as banking, tax, and environmental laws that impact the cannabis industry in the United States. UPPER-CLASS WRITING REQUIREMENT: This class may 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.
FALL 2023: LAW JD 969 A1 , Sep 7th to Dec 7th 2023Days | Start | End | Credits | Instructors | Bldg | Room |
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Thu | 2:10 pm | 4:10 pm | 3 | Jay D. Wexler | LAW | 420 |
Mental Health Law, Policy & Ethics: SPH LW 854
4 credits
This seminar tackles some of the most complex issues in mental health, such as involuntary confinement, adolescent disorders and decision-making, deinstitutionalization, the right to treatment and the right to refuse treatment, criminalization, substance use disorders, medicalization and the meaning of mental illness, forced treatments, discrimination, confidentiality, research, and professional ethics. The course will focus primarily on legal cases, utilizing these as case studies to explore the intersection of law, policy, and ethics to determine the manner in which we attempt to understand and regulate in the area of mental health.
REMINDER: This is a SPH course. Students cannot register through WebReg. Students who register for the class and want law credit must add the course to their law transcript by completing an add form at the Law Registrar's Office before the end of the add/drop period for that semester.
SPRG 2024: SPH LW 854 A1 , Jan 23rd to May 7th 2024Days | Start | End | Credits | Instructors | Bldg | Room |
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Tue | 2:00 pm | 4:50 pm | 4 | Ulrich | HOU | R115 |
Public Health Law: SPH LW 850
4 credits
Traditional public health is rapidly transforming itself from state programs to prevent disease in populations (e.g., vaccinations and newborn screening) to federal and international efforts to more broadly promote the "right to health." This problem-oriented seminar enables students to analyze and answer questions about health risks and public health policies as they typically arise in practice -- in all their complexity and without preassigned doctrinal labels. It covers contemporary examples of the seven deadly sins -- anger, gluttony, lust, sloth -- plus drugs, alcohol, tobacco, food, firearms, biobanks, epidemics, and surveillance. The seminar offers a systematic framework for identifying and controlling health risks, drawing on theories of risk perception, cognitive reasoning and empirical evidence. Students analyze and compare the applicability and effectiveness of different legal strategies to control risks, such as criminal and civil prohibitions, mandatory product standards, tort liability, mandatory data collection, biometric testing, conditions of employment, marketing restrictions, quarantine, and taxation. Emphasis is on the different scope of laws (state, federal and international) regulating personal behavior and laws regulating products and commercial activities. A writing project to develop a legal strategy to address a contemporary risk to health is required.
REMINDER: This is a SPH course. Students cannot register through WebReg. Students who register for the class and want law credit must add the course to their law transcript by completing an add form at the Law Registrar's Office before the end of the add/drop period for that semester.
FALL 2023: SPH LW 850 A1 , Sep 6th to Dec 13th 2023Days | Start | End | Credits | Instructors | Bldg | Room |
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Wed | 2:00 pm | 4:50 pm | 4 | McCuskey | HOU | R110 |
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Wed | 10:00 am | 12:50 pm | 4 | Ulrich | INS | 307 |