Related Courses

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.

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.

The subject of the course is the translation of medical technologies into new products and services for the healthcare system. The course begins with a rigorous study of intellectual property, licensing and the core aspects of planning, creating, funding and building new entrepreneurial ventures. Concepts and tools are presented for assessing new technologies and their potential to be the basis for a new entrepreneurial venture. Comparisons will be made of how technologies can be sourced and commercialized out of three very different environments: universities, national laboratories and corporate laboratories. Cross-disciplinary teams of students will be formed which will evaluate translational research projects currently being developed at Boston University and their potential for transformation into a start-up company to commercialize the technology, providing a unique linkage between the scientific research activities of the university and the professional schools. Each week there will be a case study which will discuss examples of both success and failure in technology commercialization. Some of these case studies examine Boston University life sciences spin-out companies, and the founders and CEO's of these ventures will share their experiences with the class. NOTE: This course meets at the School of Management and will be treated as a non-law course on the law transcript. The course and grade will appear on the transcript, however the grade is not factored into the law g.p.a.

This course will give you an introduction to copyright, including a foundation in the theories underlying copyright law, an understanding of the current contours of copyright protection, the basic elements of proving infringement, the fair use defense to and remedies for infringement, and familiarity with related forms of liability such as contributory and vicarious liability. Each class meeting will consist of a combination of lecture and class discussion. Our discussions will focus on discussion of the reading - including cases and policies - and applying the reading to new scenarios. We'll work through hypotheticals based on real-world examples and explore scenarios that will require you to think from a variety of different perspectives. Grading will be based on class participation, including problem sets and hypotheticals worked on in groups, and a 3-hour, closed book, final exam.

Graduate Prerequisites: QST HM703, QST FE712 or FE722, QST MK723 or MK724, QST SI750 or SI751 - This course will examine issues and opportunities in life sciences focused on the pharmaceutical, biotechnology, medical devices sectors and the life sciences service industry supporting these sectors, through the eyes of the CEO. The course will investigate who manages these companies and what are the strategies that are used to build successful enterprises. Students will be introduced to individuals and institutions at every stage of the development cycle from idea generation and start-up fundraising to manufacturing, commercialization and global expansion. We will specifically look at key elements of strategy and the execution by examining companies, that have either succeeded or failed, by discussing the pros and cons of different approaches and teasing out the lessons one can derive from leaders in the field and case studies examining their approaches.

REMINDER: This is a QST 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.

This seminar will explore the economics of intellectual property law. There are no prerequisites. The readings for the seminar will consist of Cass and Hylton, Laws of Creation (2013), and several cases and articles. The seminar will emphasize understanding the policy justifications for the major doctrines in intellectual property. The topics studies will include patent law, copyright law, trademark law, trade secret law, and the intersection of antitrust and intellectual property. ENROLLMENT LIMIT: 14 students. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement.

This seminar will focus on the varied legal and business doctrines that influence the practice of entertainment law. Some of the primary topics include copyright and trademark protection and enforcement; defamation and freedom of speech; privacy and publicity rights; social media; licensing and merchandising entertainment properties; and other general contractual relations within the entertainment industry. The course will also examine the practical aspects of entertainment law, such as client counseling and negotiations and contract drafting. There will be no final exam. Grades will be based upon papers and class participation. NOTES: This class may not be used 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.

This course will cover issues that arise in clinical healthcare settings, primarily involving who decides and on what basis. Topics include: informed consent and materiality; competence and capacity to give consent; surrogates, advanced directives, physicians orders, and powers of attorney; end-of-life decision making, including withholding/removing treatment, euthanasia, and physician-assisted suicide; clinical ethics committees; patient confidentiality and duties to disclose; human subjects research and institutional review boards; physician conflicts of interest; pre-approval access to drugs; and rationing of scarce healthcare resources.

In our modern information economy, the law of intellectual property has taken on enormous importance to both creators and users. This course introduces students to the principles of trade secret, patent, copyright, and trademark law, and explores the ways in which those principles are shifting and adapting in response to new technology. The course is open to all upper level students, without prerequisite. No scientific or technical background is required.

This course begins with an overview of basic legal research skills, processes, and resources using intellectual property subject matter. The course then proceeds to specific research strategies in copyright, patents, and trademark law, providing students an increased understanding of advanced legal research skills using: secondary sources, legislative history, administrative materials, and more. Students will gain an even deeper understanding of the context and framework of legal resources and how they are applied to real-world research from practitioner guest lecturers. Classes combine instruction and hands-on exercises, with an emphasis on exposure to databases beyond Lexis and Westlaw. Students are evaluated on weekly research assignments and a final research project. PREREQUISITE: Intellectual Property. NOTE: Students may not add this course after the first class is held. NOTE: This class counts toward the 6-credit Experiential Learning requirement. ENROLLMENT LIMIT: 15 students. ATTENDANCE REQUIREMENT: Students who fail to attend the first class or obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students on the waitlist are required to attend the first class meeting for enrollment eligibility

This seminar examines topics from the frontiers of intellectual property law. The class provides students with the opportunity to meet and interact with cutting-edge IP scholars who will be invited to speak. Students will read the speakers' works in progress, critique those writings in papers and oral give-and-take discussions with the authors, and will be provided additional reading as appropriate. The goals of this workshop are three: for students to deepen their substantive knowledge of IP law, for students to increase their abilities to participate in scholarly debate, and for established scholars to improve their working papers through the input of the workshop group. 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.

Spanning the range of industries from health care to financial services to manufacturing and beyond, compliance is the fast-growing practice of managing the full range of legal risk within highly-regulated organizations. At the complex intersection of law, business operations, reputation, and ethics, compliance lawyers practice "preventive law" to protect companies against corporate criminal and civil liability. We will discuss how to identify and evaluate an organization's legal risks and and work in multidisciplinary teams to develop effective strategies to prevent wrongdoing (and detect violations when they do occur). Among other topics, we will look at the Federal Sentencing Guidelines for Organizations, the Foreign Corrupt Practices Act, and enforcement guidance from the Department of Justice and Securities & Exchange Commission to see how compliance has become a key mechanism of corporate accountability in the U.S. and globally.

Journal of Science and Technology Law - 2L Member

Journal of Science and Technology Law - 3L Editor

Understanding the laws governing consumer transactions is relevant not only to our daily lives but also to many careers in the law. Why do consumer laws matter for societal issues such as racial and income inequality' How can government agencies best promote compliance while minimizing burden to businesses' How should leaders of consumer corporations navigate a heavier regulatory era' This seminar will examine consumer laws from three main perspectives: the businesses that must comply with regulations; the agencies--such as the Consumer Financial Protection Bureau and the Federal Trade Commission--that write or enforce rules; and the consumers who purchase over $10 trillion in goods and services annually. GRADING NOTICE: This class does not offer the CR/NC/H option. NOTE: 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.

This course introduces the student to the structure of the patent trial process and the skills used by patent trial lawyers. This is a simulation course. Students will act as trial counsel in a federal civil action. The case will model a hypothetical patent case, from filing of the complaint to trial. The students will simulate motion practice, claim construction, depositions, as well as trial. The course will include some substantive instruction on patent law, but the focus of the course will be on experiential learning. Students will receive instruction on general litigation techniques relevant to presenting complex science and technologies to a judge or fact-finder. For example, students will learn how to utilize technology to facilitate their presentations during oral argument and in examining witnesses (e.g., through use of demonstratives). Students do not need to have a background in science or technology. Similarly, students do not need to have taken prior coursework in patent law. Enrollment will be limited to 12 students, who will be divided into plaintiff and defendant teams. Grades will be individualized and based on the following: participation in class discussion, simulations, and workshops; motion to dismiss argument; claim construction argument; deposition; and trial. PREREQUISITE Evidence (may be a corequisite for 3Ls). RECOMMENDED COURSES: Patent Law, Patent Litigation NOTE: This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option.

This course is designed to provide an introductory understanding of the theory and principles by which decentralized digital currencies - cryptocurrencies - operate, within both a practical and legal framework. The course can be broken down into three broad topics: (1) An examination of the concept of money, currency, and legal tender; (2) An introduction to the history of decentralized digital currencies, including the logic of a peer- to-peer payment system, the decentralized governance of cryptocurrency solutions, an analysis of the problems that cryptocurrencies are intended to resolve, and a high-level understanding of the blockchain; and (3) An in- depth examination and analysis of the current state of regulatory and tax treatment of various cryptocurrency transactions in the United States and in international jurisdictions.

This course examines the convergence of technology solutions, in support of taxation, from two different angles: corporations and government. The course will also compare and contrast these movements in America with other countries, as US-headquartered companies expanding abroad face new realities, unfamiliar tax structures and increasingly complex regulatory environments; and legal and tax professionals must be prepared for these challenges. Rather than focus on technology per se, analyzing computer programming language and codes, the bias of this course is the real-life business perspective of technology when applied to taxation and fiscal policy. This course gives students exclusive access to tax software actually used by multinational corporations to determine indirect taxes in the US and nearly 200 other countries and foreign tax jurisdictions. This access will allow students to simulate domestic/international transactions and analyze their tax implications while becoming familiar with the mechanics of an Enterprise-class tax automation solution.

This course will examine the principles of trademark and unfair competition law. We will investigate issues of ownership, protectability, and infringement in the context of words, symbols, slogans, product design and other forms of trade dress. We will explore the policy reasons for protecting marks and the limiting principles that protect competition, speech, and other interests. The course also will include a brief introduction to false advertising and the state law right of publicity.

Practice Areas: General Corporate and Corporate Finance This course is one of the semester-long transaction simulations offered as part of the Transactional Law Program. The simulated transaction is the formation and subsequent first-round venture financing of a new software business started by two entrepreneurs who are recent graduates of the California Institute of Technology. During this course, students will be exposed to, and will handle, the principal issues that arise in counseling entrepreneurs as to their emerging businesses, including key elements such as founders' arrangements, entity selection, governance, equity compensation, intellectual property protection, capital raising through SAFEs (which are simple agreements for future equity), convertible notes and preferred stock financing, capitalization/valuation/dilution and investment documentation based on industry-standard contracts. Through exercises both in and outside of class, as well as class discussions, students will simulate the work of practicing attorneys who counsel start-ups and their founders on a day-to-day basis. As part of these simulations, students will review sample agreements, draft and revise agreements and conduct negotiations. In addition, from time to time during the course, the instructors will address ethical issues and other practice points that can arise in connection with the simulated transaction or in transactional practice generally when working with emerging/start-up companies. The course grade will be based on attendance and class participation and three graded writing assignments. CLASS SIZE: 12 students. PREREQUISITE OR CO-REQUISITE: Corporations. Contract Drafting is recommended but not required. NOTES: This course counts toward the 6-credit Experiential Learning requirement and also satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. 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.

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.