Antiracist Lawyering Courses

3 credits

The seminar will evaluate the current affordable housing crisis and the ways in which it has been influenced by significant events, including population growth pressures, the Great Migration, the 1918 Flu Pandemic, the spread of zoning in the 1920s, race-based restrictive housing covenants, red-lining, rent control and other topics. The course will examine the impact of racism, casteism and economic discrimination on housing law and the permitting, financing and taxation of housing by reviewing the relevant decisional law, local, state and federal regulations and statutes and housing policy reports and articles. The affordable housing crisis will be examined from the perspectives of the individuals who need affordable housing, the individuals who oppose affordable housing being built near them, the developers who design and build housing, the local officials who perform the permitting and the state and federal officials who create and enforce the regulatory, statutory and tax schemes that mold how affordable housing is created. A 15-20 page term paper will be required that examines one or more aspects of affordable housing law, with a variety of potential topics to be offered at the outset of the course. 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.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Practicum. The Antiracism and Community Lawyering practicum will be offered in collaboration with the Fred T. Korematsu Center for Law and Equality ("Korematsu Center"). The practicum will train students in the tradition of "rebellious lawyering," and provide them with real-world opportunities to support racial justice projects in collaboration with community partners. Through the practicum, students will work closely with the Korematsu Center and community-based organizations on research, advocacy, and policy projects aimed at combatting subordination and advancing liberation for all. Projects may include amicus briefs, direct representation, white papers, policy reports, fact sheets, public education projects, legislative testimony, or research memos. In alignment with the traditions of community and movement lawyering, the practicum directors and students will work in partnership with people who are directly impacted by racism and oppression and who are organizing towards liberatory solutions. NOTE: This practicum counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

2 credits

Many new associates are eager to start their first job in one of America's elite law firms (i.e., Big Law). They have survived the on-campus interview process, the callback process (with its ups and downs), survived the summer associate process, and received an offer of permanent employment. Being successful in a law firm requires raw talent along with a variety of other soft skills that associates often have never had to utilize. Many believe that the skills and work ethic that got them through law school and to the firm are the same ones that will propel them through the firm to the coveted ranks of partnership. Many, however, are quickly disappointed to learn that the tried and true skills they have relied upon in the past are only partially useful to them as they seek to rise through the ranks at a law firm. Attorneys of color, women, and others who have been marginalized in society, find it even more challenging to succeed in Big Law. This course will address these and other relevant issues in the context of the law firm environment. It will cover certain doctrinal issues regarding discrimination in the workplace (e.g., history of antidiscrimination legislation, Title VII of the Civil Rights Act of 1964), but will also delve into some of the more practical aspects of the tools and techniques associates can use to succeed in a law firm environment. Through practical simulations and application, students will be faced with a host of real-world scenarios that will equip them with the tools and techniques to learn how to avoid political and other landmines that could hinder or stall their career progression. Although focused on the law firm environment, the skills learned in this seminar will also help junior attorneys successfully navigate many other legal and corporate environments. NOTES: This seminar does not satisfy the upper-class writing requirement.

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 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

THIS CLASS IS RESTRICTED to 1) students who have formally applied and been accepted to the Compliance Policy Clinic, a 6-credit, one-semester clinic; and 2) with instructor permission, students who have already completed one 6-credit semester in the Compliance Policy Clinic. The Compliance Policy Clinic prepares students to be effective compliance lawyers and leaders in the rapidly-expanding field of compliance lawyering: working across disciplines to translate complex, shifting legal requirements into effective systems that protect highly-regulated institutions from legal liability, reputational damage, and operational risk. The Clinic is designed to develop core skills and capacities that are transferrable across compliance practice contexts and substantive areas of law. Students lead the Clinic's work with private-sector, public-sector, and NGO partners/clients across a range of fields and industries as well as on systems-level projects in global anti- corruption law and other compliance topics with broad social impact. PRE/CO- REQUISITE: Introduction to Risk Management and Compliance. Additional courses that may be helpful to take before or at the same time as the Clinic: Corporations, Administrative Law, Professional Responsibility. NOTE: The Compliance Policy Clinic 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 and been accepted to the Compliance Policy Clinic. The Clinic is designed to develop core skills and capacities that are transferrable across compliance practice contexts and substantive areas of law. Clinic students hone research, analysis, writing, fact investigation, interviewing, presentation, counseling, project management, and interprofessional collaboration skills while deeply engaging issues of ethics, culture, risk management, and enforcement. PRE/CO-REQUISITE: Introduction to Risk Management and Compliance. Additional courses that may be helpful to take before or at the same time as the Clinic: Corporations, Administrative Law, Professional Responsibility. NOTE: The Compliance Policy Clinic counts towards the 6 credit Experiential Learning Requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

Var credits

THIS CLASS IS RESTRICTED to students who are officially registered for The Criminal System: Theory & Practice (JD987). Externship placements will all be local and part-time. Placement opportunities include the Suffolk DA Office - Superior Court units, Prisoners Legal Services, CPCS, and the MA Parole Board. The Office of Experiential Programs will help students identify and apply to suitable field placements. Students receive 2-6 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: The Criminal System: Theory & Practice (JD 987).

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

In the mid-1980s, a scholarly movement to become known as "Critical Race Theory" (CRT) developed in legal academia. Early critical race theorists--including Derrick Bell, Mari Matsuda, Charles Lawrence, Richard Delgado, Kimberle Crenshaw, and Patricia Williams--challenged the substance and style of conventional legal scholarship. Substantively, race crits rejected formal equality, individual rights, and colorblind approaches to solving legal problems. Stylistically, critical race scholars often employed new methodologies for legal scholarship, including storytelling and narrative. The Critical Race Theory Colloquium is designed to expose students to core CRT principles and interrogate CRT's possibilities and limitations. This endeavor will require students to think critically about race and racism in conjunction with other intersecting structures of oppression and hierarchy. The Critical Race Theory Colloquium employs a workshop-format that enables students to engage leading scholars in the field of Critical Race Theory. The first part of the semester will involve a general overview of Critical Race Theory. During the remaining meetings, invited scholars will present works-in-progress for discussion. To prepare, students will write short reaction papers that include three questions for further discussion. Final grades depend on the reaction papers, class participation, and attendance. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. GRADING NOTICE: This class will 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

In this course, we will examine the relationship between law, public policy, and current issues in education at both the K-12 and higher ed levels. Major themes will include campus safety and privacy; the right to an equal and quality education (with a focus on desegregation and resegregation); constitutional issues in public schools (including religious considerations and student freedom of expression); and structures of educational governance and various school reforms. Related topics of engagement will likely include policing in schools, ongoing legal battles over race-conscious practices and policies, the unmet needs of English language learners, and the impact of the charter school movement. Course assessment will include a take home examination. Class participation will also factor into final grades.

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.

2 credits

Western nations are experiencing a wave of populism eroding the liberal values these nations boast as setting them apart from illiberal regimes in the Global South and East. Animated by a sense of victimhood, an increasing number of citizens from majority groups are attracted to populist rhetoric by right wing ideologues who condemn immigrants, Muslims, and racial minorities as threats to liberal democracy. The stronger the populists become, however, the more the very system they purport to protect is destabilized. As xenophobia and Islamophobia is normalized in mainstream U.S. media and among right wing politicians, the chorus of populism demands building walls, banning Muslims, ending affirmative action, and restricting religious freedom. In this course, students will learn to think critically about the social, economic, political, and legal factors that contribute toward prejudice, discrimination, and human rights violations against Muslims and Arabs in the United States, Europe, and Asia in an era of rising populism. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement.

3 credits

This seminar is an introduction to comparative law's themes and methods. Accordingly, the seminar is organized in two parts. The readings selected for the first part present theoretical articulations and practical applications of the main methodological approaches relied upon by comparative lawyers. Participants will become acquainted with the "mechanics", as well as the broader implications, of the various ways of comparing: functionalism, structuralism, culturalism, postmodern neo-culturalism and critical comparative law. The materials discussed in the second part explore how these different methodologies play out in recent and heated comparative law debates. Participants will be asked to reflect over the common law-civil law dichotomy and its implications for the debate over the European Civil Code as well as for projects of harmonization, such as the World Bank's "Legal Origins" study; the circulation of legal rules and institutions and the export of constitutional models in Eastern Europe and Iraq; the ambiguous relation between US and European legal cultures and the debate over different ideas of "privacy"; the "West" and the "Orient" in family law reform. 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 interdisciplinary seminar offers a deep exploration of large-scale forms of inequality, the social trauma they create, and the possibility of legal and political solutions. A persistent difficulty in American culture and jurisprudence is a refusal to conceive of structural and intergenerational harms against disfavored groups. The goal is to not only find conceptions of equality that might be suitable, but also to reason from injustice to justice. Special attention will be paid to connections between inequality and the political economy. Among the historical episodes to be discussed: Reconstruction as a missed opportunity at transitional justice; the expulsions of Chinese migrants and their families from the West Coast; white riots and other forms of terror visited upon freed persons and their allies; the shame and silence that surrounded the internment of Japanese Americans; the policy of separating migrant children from parents; and periodic roundups of the poor. 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

Antidiscrimination law is broadly viewed as a vehicle to redress and ameliorate racial inequality across domains of social, economic, and political life. And yet, all too often, this body of law reinforces and reproduces racial hierarchy and stratification. The tension between antidiscrimination law's egalitarian aspirations and racially subordinating effects is not new. Nevertheless, our current cultural moment invites renewed attention to the forces that hinder antidiscrimination law's remedial promise and potential. To further this inquiry, the seminar will interrogate contemporary battles over racial justice through a lens that draws on critical theory, history, and social science. To further ground the seminar to current events, the class will put students into conversation with scholars, practitioners, and/or activists engaged in work "on the ground." This is a reading and writing intensive course. NOTE: This class does not satisfy the upper-class writing requirement. GRADING NOTICE: This class will 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

Recent census data informs us that there are approximately 40 million immigrants living in the United States. About 11 million of these immigrants are undocumented or otherwise in the country illegally. The rest of the country remains divided on their feelings regarding the immigrant population, with about half believing that immigrants "strengthen the country because of their hard work and talent, while 41% [believe them to be] a burden because they take jobs, health care and housing." (Information in this paragraph obtained from Most Illegal Immigrants Should Be Allowed to Stay, but Citizenship is More Divisive (Pew Research Ctr., Washington, D.C.), Mar. 28, 2013.) This course will investigate the life of an immigrant in American society from a legal perspective. Students will learn how immigrants, both documented and undocumented, interact with various sections of the American system. The goal is to assess various ways in which an individual's immigration status affects access to important rights and benefits accorded to citizens and analyze the legal rationale for existing limitations. We will examine these issues through the use of law review articles, court cases, existing and proposed legislation, newspaper articles, empirical studies, and governmental and private organizational position papers. Topics may include an investigation of an immigrant's access and limitations in primary and secondary education, public benefits, the court system, employment, voting, as well as modes of immigration policing by both federal immigration authorities and state police. ENROLLMENT LIMIT: 16 students. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted 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.

3 credits

This seminar examines the oppressive role of race and ethnicity in American society from the early colonial period to the present, resistance to that oppression, and the moral case for both resistance and reparations. Each seminar session will begin with a presentation by a seminar member, a schedule for which will be developed after the first seminar meeting. Readings will be mainly historical but will also include relevant cases and legislation; all readings will be available online or on the seminar's Blackboard website. Grades will be based primarily on the term paper, on an approved topic, which is written after comments have been received on a polished draft; class participation will also be considered, as well as the weekly log that seminar members are required to maintain, noting issues raised by the readings. OBJECTIVES: Students will be expected to become familiar with the history of racial and ethnic stratification in the United States as well as resistance to it, enabled to pursue that history on their own, and capable of appraising relevant scholarship and public policies. The CR/NC/H grading option is available. LAW ENROLLMENT LIMIT: 15 students. 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.

3 credits

THIS CLASS IS RESTRICTED to students who have received permission from the Office of Experiential Education to enroll. This seminar will combine an externship field placement for each student with critical analysis of selected issues in the practice of American criminal justice. Students will combine reading and research on the American system of criminalization with their own careful reflections on their experiences in their crime-related externships. Crime related externships may include: Suffolk County DA's Office, Superior Court Units; CPCS, Superior Court Units; Prisoners Legal Services, and Boston Police Department. The weekly subject matter of the seminar will depend in part on the precise externship placements of the students but will likely include a selection from the following list: the practice of misdemeanor courts; the practice realities of indigent defense; racial dimensions of policing, prosecution, and incarceration; family and community impact of criminal justice policies and practices; the capacity of the poor to find justice in the criminal system; police violence and culture; plea bargaining; prosecutorial discretion; police discretion; drug law and policy; the experience of incarceration (including prisoners' rights, solitary confinement, prison violence, and other matters); alternatives to prison, and other topics. We will also look at comparisons with criminal justice systems in other countries and avenues for reform. Students will make presentations to the group and execute substantial written assignments. LIMITED WRITING REQUIREMENT OPTION: A limited number of students will be permitted to satisfy the upper-class writing requirement with this seminar after consultation with the instructor. NOTE: This class may be used for credits toward Experiential Learning requirement or the upper-class writing requirement. This class may not be used to satisfy more than one requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. ** 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 waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.