Related Courses

3 credits

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

4 credits

The antitrust laws reflect a conviction that competition in the marketplace will yield the best outcomes for consumers and the optimal allocation of resources in our economy. Beginning with the Sherman Act of 1890, the antitrust statutes condemn a variety of acts -- from mergers to agreements among competitors to monopolists' exclusionary business practices -- that restrain trade or contribute to monopoly power. The statutes, however, are written in general terms, leaving it to the courts to draw the line between lawful competition and unlawful restraints of trade or monopolization. Early on, the Supreme Court established that the law reaches only "unreasonable" restraints, which only begs the question of how to draw the line between "reasonable" competition and "unreasonable" interference with competitive markets. Over the course of the twentieth century, the courts struggled to fix this line; as the century closed, they had settled on an economically-oriented normative framework that largely deferred to firm decisions and doubted the value of government intervention in markets. In recent years, however, a cacophony of voices -- ranging from activists to scholars to politicians of all stripes -- has begun to call that framework into question and to call for renewed enforcement of antitrust laws. This course will explore the principal statutes and common law that have shaped antitrust law over the past century-and-a-quarter since Congress passed the Sherman Act. We will also examine the standards and procedures that the antitrust agencies use to evaluate mergers and to challenge conduct as anticompetitive. As we critically evaluate the case law, we will also reflect on current calls for reform. While we will engage rigorously with economics, all of the economic principles necessary to understand the case law and debates will be explained in the course; formal training in economics is not a requirement.

3 credits

This course is the foundational skills course within the Transactional Law Program. It teaches students basic principles and skills of drafting and analyzing commercial and transaction agreements, with a focus on recognizing, and addressing through contractual provisions, key business issues in transactions. Although the course will be of particular interest to students interested in a corporate or transactional law practice, since most practicing attorneys will need to work with contracts at some point in their career, the concepts and skills which the course conveys are applicable to virtually all practice areas and specialties. While the course utilizes lectures to introduce various contract concepts and techniques essential for drafting and reviewing commercial and transaction agreements, it also requires that students complete both in-class exercises and out-of-class assignments as a means of building basic drafting skills and a solid understanding of the structure and operation of contractual provisions in a business transaction. The course also considers various ethical issues that may arise in the contract drafting and review process and in transactional practice generally. Grades will be based on class participation and graded drafting assignments. CLASS SIZE: 12 students. UPPER-CLASS WRITING REQUIREMENT/EXPERIENTIAL LEARNING REQUIREMENT: This course is a designated Professional Writing Course which may be used to partially satisfy the Upper-Class Writing Requirement (with a grade of B or higher) or the 6-credit Experiential Learning Requirement, but not both. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar will be administratively dropped from the course. Students who are on the wait list are required to attend the first class to be considered for enrollment. Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course cannot accommodate flexibility in attendance.

2 credits

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

3 credits

This course will consider legal and policy challenges arising from rapidly evolving threats in cyberspace. It will define an array of cyber threats, and consider the ways in which they impact a range of governmental and non-governmental actors and entities. It will identify the domestic and international legal frameworks that regulate conduct in cyberspace--including laws related to cybercrime, cyberespionage, and cyberwar--and examine substantive and institutional questions such as: What existing principles limit cyber threats' What are the norms emerging through state practice' How should we fill in the gaps' Who should make these decisions' How should they be enforced' The course will explore these questions within the context of broader policy debates about Internet governance and the role of governmental and non-governmental actors in defending against cyber threats; state restrictions on civil rights and liberties in defending against cyber threats; allocation of decision-making among (and within) the branches for U.S. cybersecurity; and issues of secrecy and accountability. The objective of this course is to deepen our understanding of the existing threats and protections in cyberspace, the regulatory challenges that exist, and the institutions that should address them. No technical knowledge is required. Familiarity with public international law, administrative law and criminal procedure is helpful, but not necessary. International law concepts will be introduced as necessary.

3 credits

This course will examine the free speech, free exercise and establishment clauses of the First Amendment. About two-thirds of the course will focus on speech, including such topics as political speech (including campaign finance regulation), commercial speech, and expression in the public forum. The final one-third of the course will focus on religion, including such topics as freedom of religious practice, religion in schools, and religious displays and symbols.

3 credits

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

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.

2 credits

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

3 credits

This course provides a comprehensive survey of the legal and business issues arising in international commercial transactions. The course will cover key areas of international business and economic law impacting cross-border transactions, including: the basic ‘documentary transaction (international sales and shipment contracts); agencies and distributorships; franchises and licensing; joint ventures; international project finance; and Cross-border mergers and acquisitions. In addition to substantive law, the course introduces students to essential lawyering skills crucial for success in international transactional practice. Students will develop their skills in negotiation, contract drafting, and client counseling. Through a combination of doctrinal study, case analysis, and practical exercises such as role-playing, students will gain a deeper understanding of the complexities of international business transactions and the role of lawyers in facilitating these deals. The course will also address the importance of cultural awareness in international business dealings and explore topics such as corporate social responsibility and international dispute resolution. PREREQUISITE: Any course in International Law.

4 credits

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

3 credits

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

3 credits

This cross-cutting and interdisciplinary course, taught alongside a graduate-level course with BU's new faculty of Computing and Data Sciences, investigates the role that algorithms and automated decision-making systems play in law and society. The course connects legal and technical concepts of transparency, fairness, bias, privacy, and trust, though a series of case studies that present recent applications of technology to legal and regulatory situations and explore the challenges in regulating algorithms. Legal concepts explored will include evidence and expert witnesses, anti-discrimination law concepts of disparate impact and disparate treatment, sectoral information privacy regimes, and public access and transparency laws. Technical concepts explored will include artificial intelligence and machine learning, secure multi-party computation, differential privacy, and zero-knowledge proofs. Grades will be based on a series of assignments that correspond with each case study, to be completed collaboratively in mixed teams of law and computing/data science students. No prior technology experience is required. GRADING NOTICE: This class will not offer the CR/NC/H option.

3 credits

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

3 credits

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

3 credits

This seminar explores how modern technology disrupts many of the customs and principles upon which our laws and institutions for national security have evolved. The advancement of modern technology is changing the nature of how we perceive and defend against security threats across all domains. Attacks can be launched in ways that national borders and other conventional defenses cannot easily stop, and the proliferation of privacy enhancing cryptographic tools provides virtual refuge for threat actors to congregate, coordinate and conspire. At the same time, the state has mobilized the use of new technologies--expanding, and indeed, redefining, surveillance capabilities--to predict, prevent and defend against threats in the modern era. This class will focus on a series of historical and contemporary challenges posed by a range of technologies to the government's administration of security and justice, and the solutions implemented or proposed by the state in response. The objective is to contextualize and deepen our understanding of the substantive and institutional questions that arise from the modern day "going dark" problem, in order to facilitate sound policy and good politics in areas that are devoid of law. Topics for discussion may include, but are not limited to: the use of cryptographic tools to evade government surveillance; government proposals for "backdoor" access to people's devices and data; the use of government hacking as a surveillance tool; and the use of machine learning to predict and prevent threat incidents. No technical knowledge is required. 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.

3 credits

Biotechnology and Pharmaceuticals are two of the fastest growing industries in the U.S., and the legal issues that arise in connection with representing them are complex and evolving. This seminar will focus on the transactional, intellectual property, and regulatory legal issues that challenge lawyers working with clients in these industries. We will begin with an overview of these industries, including a basic review of the sciences underpinning them (intended for non-scientists). We will then delve into complex legal issues such as licensing, collaborations, and consortium building; academic-industry interactions; the drug and biologic regulatory approval process; issues arising in clinical trials; and legal issues arising in the manufacture and distribution of life sciences products. If time permits, we will also examine the medical device industry and the ways in which that industry differs from the biopharmaceutical industry. In lieu of an exam, students will prepare a 25 page, journal-worthy article addressing a legal topic of the student's selection. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. 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. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Student Innovations Law Clinic. The BU/MIT Student Innovations Law Clinic (SILC) provides counseling and guidance to assist MIT and BU students with laws and regulations that relate to their innovation-related academic and extracurricular activities. As a companion to SILC Fieldwork course, in Privacy, Health & Media Seminar 2 students in SILC's Privacy, Health & Media Practice Group expand upon the legal and practice issues reviewed in the fall seminar, including issues in consumer privacy; sectoral privacy in health, finance, and education; cybersecurity and breach response; and FDA regulation of information technology and devices. This class will occasionally meet with some or all of the students in the other SILC Practice Group sections for clinic-wide discussions and case round presentations. NOTE: This Clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

2 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Student Innovations Law Clinic. The BU/MIT Student Innovations Law Clinic (SILC) provides counseling and guidance to assist MIT and BU students with laws and regulations that relate to their innovation-related academic and extracurricular activities. As a companion to SILC Fieldwork course, in Privacy, Health & Media Seminar 1 students in SILC's Privacy, Health & Media Practice Group meet to review substantive legal issues in information privacy, cybersecurity, and health law and how they relate to SILC's practice, including issues in consumer privacy; sectoral privacy in health, finance, and education; cybersecurity and breach response; and FDA regulation of information technology and devices. The seminar will also introduce students to the lawyering skills (including interviewing, counseling, negotiation, drafting, etc.) that will help them in counseling MIT and BU students on their creative and innovative projects. This class will occasionally meet with some or all of the students in the other SILC Practice Group sections for clinic-wide discussions and case round presentations. NOTE: This Clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

4 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Student Innovations Law Clinic. The BU/MIT Student Innovations Law Clinic provides counseling and guidance to assist MIT and BU students with laws and regulations that relate to their innovation-related academic and extracurricular activities. The clinic provides counseling in a variety of different areas of law, organized into three practice groups: (1) Intellectual Property; (2) Privacy, Health & Media; and (3) Venture & Finance. Representation of clients can include client counseling, contract and policy drafting and review, negotiation with third parties, and, if capacity allows, litigation and other dispute resolution. CO-REQUISITE: If students have not done so already, students must take at least one course in any one of the following four areas: (1) intellectual property (either an IP survey course or other core IP course such as patent, copyright, trademark, or trade secret); (2) privacy (including information privacy law or information risk management); (3) cybersecurity; or (4) corporations.  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.