Administrative Law
This course provides an introduction to the legal doctrines designed to empower and constrain government agencies and officials in their daily practice of governance. Topics include the constitutional status of administrative agencies, due process, the Administrative Procedure Act and the availability and standards of judicial review of agency actions. The course emphasizes the historical evolution of the modern administrative state and the regulatory agency's peculiar role in our system of governance.
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Advanced Criminal Procedure: Adjudication
This course closely examines some of the constitutional complexities in the prosecution and defense of criminal cases in state and federal courts. Students investigate how the law fashions the adjudicatory process and how the law evaluates what is "fair" and what is "legitimate" in formally deciding on whom to impose punishment. The course covers, among other things, pretrial detention, right to counsel, plea bargaining, discovery, trial processes, and sentencing.
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Advanced Criminal Procedure: Investigation
During this course, students will examine the law of criminal investigation. The primary focus of the course will be to present and discuss leading Supreme Court decisions in the field of constitutional criminal procedure. Students will study decisions which apply the Fourth, Fifth and Sixth Amendments and the Due Process Clause to the criminal justice process and the procedures through which criminal laws are enforced.
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Advanced Legal and Interdisciplinary Research
This course teaches students how to research specialized legal topics, highlighting both legal and non-legal sources that reflect modern practice. The course will use a combination of lectures, interactive hands-on sessions, real life examples, and an in-depth final research and writing project. Students may explore state, federal and international primary laws and regulations, as well as relevant non-legal sources and how they interact with the law. Both print and electronic sources will be researched. The course will highlight different specialized topics such as Health Law, Environmental Law, etc.
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Advanced Legal Research
The course is designed to prepare law students for research in practice, clerkships, and legal scholarship. Students will evaluate legal research sources and use them effectively, expand skills in primary and secondary U.S. legal sources, become aware of non-legal information resources that could be useful to legal practice, and get an overview of public international law and foreign legal research. Since learning legal research requires a hands-on approach, students are required to complete assignments and in-class exercises. This course will emphasize cost-effective research, including print and Internet sources. The topics covered in this survey course will vary from year to year and may include immigration law, tax law, business law, environmental law and cultural property law among others.
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Advanced Legal Skills in Social Context
This six credit course provides a select group of upper level students with advanced lawyering training in examining the role of law in our diverse society, by looking critically and analytically at societal assumptions, beliefs and values codified in all legal doctrine and to grapple with emerging law. Students who take ALSSC are also trained to act as lawyering fellows for law office teams of first year students in their required companion course, LSSC. In this capacity, ALSSC students also develop and manage the implementation of social justice projects that seek to use law as a tool for social change.
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Alternative Dispute Resolution
This course is designed to introduce the theory and practice of various dispute resolution mechanisms that are alternatives to the traditional litigation model for resolving disputes. Insofar as negotiation is the foundation of most ADR processes, the course begins there. We will analyze negotiation theory and strategy before adding mediation and collaborative law to the mix. We will look at how to represent clients in negotiation, mediation and collaborative law, how to prepare for these processes and how to develop effective strategies. The final weeks of the course will focus on understanding the essential attributes of arbitration.
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American Legal Thought: Traditional and Critical
This course contrasts critical-theoretic approaches to law (e.g., legal realism, critical legal studies, identity-based jurisprudence, socio-legal studies, transformative jurisprudence) with mainstream legal thinking. In part the course is an intellectual history of American law, and in part it addresses contemporary jurisprudence and legal theory. Drawing on students’ personal experience, the course also examines American legal education and the professional socialization of law students. A “big” question underlying the course is whether legal work is a medium in which one can pursue projects oriented toward political and social change. There is no prerequisite for this course, and no prior background in legal theory, history, or jurisprudence is needed. All students are expected to read the assigned texts very closely and participate in discussing them in class.
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Antitrust
The federal antitrust laws, first created to break apart the powerful business "trusts" of the late 1800s, have since been applied to markets as diverse as utilities, ski areas, sports leagues, copy machine repair services and computer hardware and software. This course will explore the core principles of antitrust law, with an emphasis on three substantive areas: monopolization, horizontal merger analysis, and agreements among competitors. Because antitrust cases and scholarship rely heavily upon economics, the course begins with an introduction to firm and market economics, and economic analysis plays a significant role in our discussions.
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Appellate Practice
This course covers various aspects of appellate practice, focusing on appellate jurisdiction, brief writing and oral advocacy. As a component of the course, students will write an appellate brief, working from a record from a lower court, and argue the case. The course includes observation of appellate arguments, conversations with appellate judges and with lawyers who focus on appellate practice, and review of recent cases that were briefed and argued in the Massachusetts appellate courts and the First Circuit.
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Balancing Liberty and Security Seminar
This course will examine the challenges, obstacles and issues presented in the struggle to create a balance between securing our homeland and respecting the rights of all of those who call this land home. We will examine recent Supreme Court decisions (Handi, Rasul, and Padilla) as well as international perspectives on counterterrorism strategies. The course will include a discussion of the privacy and human rights issues that have arisen since September 11th and the ethical responsibility of lawyers adjudicating those issues. Students will take a take-home exam at the end of the quarter.
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Basic Income Taxation
This introductory tax course covers the fundamental concepts and operations in income taxation. Tax issues are raised in the context of typical lawyer-client situations: the employment contract (fringe benefits, employee business expenses), buying and selling a house and other property, personal injury expenses and recoveries, and running a small business. An important aspect in understanding the details covered will be comprehension of the economic policy objectives, and unintended results, of specific tax provisions such as capital gains taxation. The course is focused on the statute, cases and administrative law that define the income tax base. Tax rates are also examined and tax unit issues are covered for individual wage-earners, married couples, children living in the home, pensioners and small businesses organized as sole proprietorships.
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Bioethics and the Law
This course will focus on the intersection of law and bioethics and will consider how different ethical theories may guide legal decisions. Topics will include physician-assisted suicide, testing for HIV, reproductive technology, and rationing of health care. Students will be expected to write a research paper and share some of what they have learned with the class.
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Bioproperty
This seminar will examine how the law has enabled property in living organisms, including plants, animals, and people. Drawing upon case law, property theory, and multi-disciplinary commodification scholarship, participants will explore topics such as bioprospecting, frozen human embryos, patents in genetically engineered plants and animals, and markets in human organs.
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Business Bankruptcy
This course deals with business reorganization under Chapter 11 of the Bankruptcy Code. The objective of Chapter 11 bankruptcy is to allow the debtor to modify and restructure its debt so that it can continue to operate its business. The course will cover matters that typically arise in a Chapter 11 case, such as the automatic stay, modification of debt, rejecting contracts, post-bankruptcy financing, creditors' claims, management of the debtor, and the plan of reorganization. The course will also address topical issues such as employee rights, retiree benefits, and mass tort claims, including asbestos and environmental claims.
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Civil Rights and Restorative Justice Clinic
CRRJ engages students in litigation, legislative and policy initiatives associated with anti-civil rights and other forms of racial violence in the United States. Students are assigned to investigate cases. Our docket includes cases that have been litigated and “cold cases. Students conduct research, obtain law enforcement and court files, interview witness and, where feasible, conduct field work. Students prepare case reports for publication on the CRRJ site. The weekly class focuses on lawyering skills, and the theory and practice of transitional and restorative justice. The clinic reproduces litigation firm practices; small groups work collaboratively on cases and other CRRJ projects. Students will benefit from grounding in Federal Courts and Evidence. To Apply: Submit a CRRJ Clinic Application, resume and unofficial transcript to Richard Doyon.
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Civil Trial Practice
An introduction to the tactical and strategic problems commonly encountered in the trial of cases is the main objective of this course. Although the focus of class discussion is directed toward civil litigation, the techniques and problems are common to criminal cases. Attention is given to the forensic aspects of trial practice, techniques of direct and cross-examination, and opening and closing summations. Prior course work in evidence is a prerequisite.
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Collective Bargaining
This course consists of a collective bargaining simulation exercise in which students participate in the process of negotiating a collective bargaining agreement. Students are divided into teams representing either management or labor and formulate proposals and counterproposals, and attempt to reconcile significant differences between the labor and management positions. Negotiators are required to operate within the context of the applicable statutory framework including the National Labor Relations Act, Labor Management Reporting and Disclosure Act, Fair Labor Standards Act and the Civil Rights Act of 1964. Every effort is made to simulate an actual collective bargaining negotiation.
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Community Business Law Clinic
The clinic requires students to devote twenty hours per week to providing legal services to low-income and underserved entrepreneurs under the supervision of clinical faculty and staff. The services provided will range from entity formation to financing and include attention to intellectual and real property issues and government regulation. Preference will be given to students with relevant academic learning, including Corporations and the Community Economic Development Seminar, or relevant practical experience.
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Community Economic Development
Community economic development has been the subject of intense work and innovative approaches to poverty alleviation in the last several decades. But CED efforts have thus far lagged behind in producing sustainable forms of income generation for poor people. This seminar will examine current efforts to develop sustainable forms of income generation in Boston and nationwide. The students will then undertake the process of developing a new model for sustainable income development. In doing so, we will ask how the law can support such a model. Students will write research reports describing and critiquing current income generation programs in Boston.
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Comparative Law: Law, Markets and Democracy in East Asia
World Bank, the International Monetary Fund, and the Asian Development Bank. Markets are viewed as the panacea to the ills associated with economic development, and "rule of law" is synonymous with democracy, equality, and universal rights. This course examines the truth of the above assumptions by a study of the legal systems in East Asian countries, selected for their varying stages of economic development. The course will examine three areas: the cultural forces behind legal systems; the forces of economic development and the political, social and legal institutions established to promote this national goal; and finally, the intended and unintended consequences of these legal institutions. Will the injection of these institutions also result in the promotion of democracy, equality (with a focus on gender), and human rights? By looking at the theoretical underpinnings of legal systems different from the United States, and by the use of comparative methodology, students are encouraged to question the cultural assumptions underlying the American legal system as well as the power of law as a force for social change. Students are encouraged to do research on a topic of their choice, focusing on one aspect of a legal system other than the U.S. Prior or concurrent course work in International Law is recommended but not required
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Constitutional Litigation
In the first phase of the course, the class considers strategic and tactical decision-making in constitutional litigation. In the second phase, students report on the process of litigating cases involving constitutional issues. Relying on briefs, court records and interviews with counsel, students report to the class and prepare a research paper setting out their findings. The paper is a major commitment of time and energy; only students with a significant interest in litigation of constitutional questions should apply. Papers are eligible to satisfy the writing requirement.
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Consumer Bankruptcy
This course explores basic principles of consumer bankruptcy. We examine how the bankruptcy process works, the underlying policies that purport to justify the way the law is written and construed, and the mechanics of applying key sections of the federal Bankruptcy Code. To convey the liveliness and volatility of bankruptcy practice, and to provide an introduction to strategic thinking in bankruptcy, the course relies primarily on problem solving and discussion.
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Consumer Law
This course examines consumer transactions in formation, substance, and remedies. While the course will focus most on consumer credit, we will also examine consumer leasing, advertising; fraud; warranties; and product standards and safety.
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Copyright Law
This course examines the law of copyright in the United States, with some reference to international aspects. We will discuss the scope of copyright protection, the formalities of securing copyright, the nature of the rights afforded by copyright law, the fair use doctrine, and copyright enforcement. The course will place copyright in historical perspective, and consider tensions created by emerging industries. The course is open to upper level students, without prerequisite.
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Corporate Finance: Transactions
This course provides an overview of corporate finance concepts and their relationship to corporate transactional practice. The course begins with coverage of basic corporate finance concepts, i.e., risk, valuation, present value, leverage, and diversification. The concepts are then discussed in the context of corporate transactions such as business restructurings, mergers and acquisitions, and initial public offerings. In addition to focusing on the conceptual underpinnings of corporate transactions, students will be required to understand how elements of a business deal get translated into drafting strategies. It is strongly recommended that students have taken or take in conjunction with the course one of the following: Corporations, Securities Regulation, or Business Bankruptcy. There is a basic level of math (elementary algebra) required to understand and apply corporate finance concepts.
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Corporate Taxation
An introduction to Subchapter C of the Internal Revenue Code and an exercise in reading a short but difficult statute. Among topics covered are taxation of dividends, stock redemptions, liquidations, distributions, and taxable and tax-free sales of corporate stock and assets. Prerequisite is Basic Income Taxation.
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Corporations
This course relates to the formation, financial structure, and governance of business enterprises, especially incorporated businesses. Partnerships, limited partnerships, limited liability companies and limited liability partnerships are also explored, principally as they compare to the corporate form. The topics studied include: rights of creditors to hold principals of the enterprise liable; distribution of control within the corporation; fiduciary duties of directors and officers; key aspects of the federal securities laws (including the regulation of insider trading and proxies); organic changes (such as mergers); shifts in control (such as takeovers and freeze-outs); and legal implications of the roles of corporations in society. The course introduces some of the specialized concepts explored in detail in courses on Securities Regulation and Corporate Finance.
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Criminal Defense Advocacy Externship
Criminal defense demands a great deal from its practitioners. These demands are born from the humbling recognition of the gravity of the responsibility involved in representing another human being whose freedoms are at risk. To develop the skill and the confidence to meet these demands is the goal of the course. Achievement of the goal necessarily requires recognition and honing of those necessary skills. The course has two components: a simulation based seminar and an externship placement for twelve hours a week. The seminar provides an opportunity to learn and practice critical lawyering skills and the placement a chance to see those skills put into practice. Students will be evaluated on effort and performance in mastery of the components of criminal defense.
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Criminal Trial Practice
Lectures on cases tried in state and federal courts, from arrest to appeal, are used to highlight criminal trial practice. One case is used throughout in which students are assigned roles including defense attorney, prosecutor, judge, witness (expert and lay), juror, clerk and defendant. Materials are based on actual cases. Emphasis is on federal criminal trials.
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Critical Legal Approaches to Race
This course focuses on selected issues raised by the concept of “race” in law and society. Students explore the historical uses of race in legislation, law enforcement, and judicial decisions as well as the legal implications of emancipation, pan-African, civil rights, and nationalist social movements within the United States and outside it. We then explore key contemporary theoretical and practical approaches to race, racism, and ethnicity under the rubric of Critical Race Theory. Such approaches include “storytelling” narratives, anti-essentialism, intersectionality/multidimensionality, “praxis,” and post-modernism.
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Cross-border Litigation (was Transnational Litigation)
This course presents advanced topics of civil procedure to reflect the realities of litigation in a globalized world. Using examples ranging from defective products in a global supply chain to corporate violations of human rights, it focuses on commercial and civil litigation in US courts in cases involving a cross-border issue. The course discusses jurisdiction over foreign parties (including multinational corporations), service of process abroad, obtaining evidence abroad, choice of law and the application of foreign law, recognition of foreign judgments in the US and recognition of US judgments abroad, cross-border litigation strategy, and provides an overview of international arbitration issues. This course takes a pragmatic approach and provides an opportunity to build oral and written litigation skills. It complements courses such as Private Litigation for Social Change, Federal Courts, International Law and Human Rights in the Global Economy
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Current Issues in Health Law and Policy
This seminar will examine recent debates in health law and policy through discussion of current events, proposed legislation, and scholarly articles in the legal, medical, and public policy literatures. Weekly topics will depend in part on student interest, but will likely include federal health care reform, malpractice liability reform, obesity, health disparities, regulation of pharmaceutical promotion, and other issues related to health care access, quality, and financing. Requirements include weekly readings, weekly attendance and participation, a brief presentation of one health law-related current event, a research paper of at least 20 pages on any approved health law-related topic, and an oral presentation of the research paper. Previous health-related coursework or work experience is recommended but not required.
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Disability Law
This course explores how the law treats individuals with disabilities. We will analyze what is meant by the term "disability" and consider constitutional review of state actions discriminating against individuals with disabilities. Particular attention will be given to the the rights and obligations created by the Rehabilitation Act, the Americans with Disabilities Act and the Individuals with Disabilities Education Act. The rights of individuals with disabilities to be educated, work, receive health care, and enjoy public accommodations will be considered in depth. This course is designed for students wishing to represent individuals with disabilities as well as students who may represent employers and public accommodations.
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Domestic Violence Clinic
The School of Law’s Domestic Violence Institute offers an upper-level clinic focused on violence prevention and criminal intervention at the Roxbury and Dorchester Divisions of the Boston Municipal Court. In this clinic, students develop the advocacy skills most useful in assisting victims of domestic and sexual abuse in the often chaotic environment of our busiest urban courts. While students will assist a relatively wide range of clients in a series of courtroom hearings, emphasis is placed on understanding the complex dynamics of intimate partner violence, establishing collaborative client relationships, assessing lethality and safety planning, and assisting the client to negotiate a legal system that is often incapable of meeting their needs for protection. The clinic also trains students to participate in a broader community-based response to domestic violence and to work collaboratively across agencies and disciplines to meet the many legal and non-legal needs of their clients related to abuse but not addressed in municipal court proceedings.
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Drug Law and Policy
The field of Drug Law is vast, spanning the discovery, manufacture, distribution, and control of agents and devices that alter the human condition. This course provides an introduction to the regulatory regime created by the Federal Food, Drug and Cosmetics Act and the Food and Drug Administration, contrasts this regime with the space occupied by the Controlled Substances Act and the Drug Enforcement Agency, and maps out connections to key international laws and institutions. In addition to traditional content on the drug approval process, we will examine topics such as clinical trials, the prescription drug overdose epidemic, tobacco litigation, the marijuana reform movement, and global access to essential medicines. The course is intended for students contemplating legal practice in the pharmaceutical industry, those thinking critically about the origins and directions of domestic and international drug control, as well as those generally interested in the interplay of law, policy, and public health. Students will be expected to participate actively and to conduct research and writing.
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Economic Perspectives on Health Policy
This course uses basic economic concepts to illuminate the many factors that shape health, healthcare, and the healthcare system in the United States. Examines the role of these concepts in explaining the challenges faced in achieving three core goals of the healthcare system: increasing access, limiting cost, and improving quality. Explores how policy makers, market participants, and others can remedy access, cost, and quality deficiencies. Illustrates how economic concepts can be applied to the study of health and health behaviors.
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Education Law
A survey of current issues in U.S. education law including high stakes testing, "No Child Left Behind", the charter school movement, vouchers, church/state issues, home schooling, and school funding.
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Elder Law
In this course we will look at legal and policy questions related to aging individuals. Older Americans face an increasing number of legal questions involving entitlement to public benefits, protection of property, utilization of medical resources, health care decision-making, and interaction with legal and financial institutions. Topics that will be covered will include Medicaid benefits, Medicare benefits, Veterans Benefits for elderly veterans and their spouses, age discrimination, nursing home institutionalization, income maintenance (social security benefits, pensions etc.), elder abuse, consumer fraud targeted at older consumers, guardianships, conservatorships, competency and capacity, alternatives to guardianships and conservatorships, end of life issues, tax issues in elder law and estate planning for elders. Ethical issues that arise when representing the elderly will also be discussed.
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Employment Discrimination
The Employment Discrimination course focuses on Title VII of the 1964 Civil Rights Act. It surveys the Supreme Court's decisions in this ever-changing area of law -- including the recent decisions in Nassar and Vance, which reflect the efforts of the current Court to reduce the number of cases filed in this area.
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Employment Law — Compensation, Benefits and Retirement
This course surveys the legal and policy issues concerning minimum wage and wage-payment laws, regulation of working time and overtime premiums, family & medical leave, unemployment insurance, COBRA, Social Security and pensions and ERISA. It stresses close reading of statutes and administrative regulations. The problems of low-wage workers receive special emphasis.
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Employment Law — Job Security & Rights
This course surveys legal and policy issues concerning job security, focusing primarily on law governing the termination of private sector employment. Students develop an understanding of the history and scope of the underlying employment-at-will doctrine and the primary ways in which the at-will doctrine has been modified through common law and statute.
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Employment Law - Safety & Health
This course will focus on the legal issues relating to the primary and secondary prevention of injuries and illnesses at work. The course will include a review of the Occupational Safety and Health Act, as well as discussions of other relevant aspects of employment, labor, compensation and tort law.
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Energy Law and Policy 
Climate change and carbon emissions are the most important issues shaping energy law and policy in the United States today. This course will provide an introduction to U.S. energy law and policy in that context and will be organized around the regulated electricity sector which alone produces about 40% of all U.S. greenhouse gas emissions. We will explore the dynamics of natural monopoly markets, public utilities and their regulation, and the interplay of state and federal power in the energy space. We examine coal, natural gas, nuclear power, hydropower, renewables, storage, and efficiency for their impacts and potential as electrical energy sources in a carbon-constrained world. We conclude by investigating the legal potential to proactively foster and sustain a transition to a carbon-sustainable energy economy.
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Entertainment Law
Entertainment Law involves the study of legal principles and business practices of the entertainment industry, and also provides insight into the creative aspects of the industry. Emphasis is on the film, television, and music industries, but the course also addresses publishing, video games, emerging media, and the Internet. The focus is on the practical application of the involved legal principles, including an awareness of issues that arise in negotiations, contracts, and litigation involving entertainment companies and creative talent. The course is divided generally into four segments: 1) Intellectual Property (including idea submissions, copyright, trademark, and privacy and publicity rights); 2) Representation of Entertainers (including the roles of agents, managers, and lawyers); 3) Contracts, Credits, and Compensation; and, 4) Restrictions on Entertainment Content (including defamation, obscenity and indecency, and violence).
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Environmental Law
This course focuses on federal and state environmental laws. Topics include pollution control, waste management, and cleanup of contaminated land and water. The course explores legislative policy and regulatory decisions as well as enforcement issues. We will give attention to questions of environmental justice and to the strategic use of legal tools in working to ensure safe and healthy surroundings for diverse groups of people. Prior or simultaneous course work in Administrative Law is recommended, but not required.
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Estate Planning
This basic upper-level course weaves together three strands that make up the discipline of estate planning. Strand 1 is an introduction to key elements of relevant law: property; creditor/debtor; wills, estates, and trusts; estate and gift tax; trust income taxation; and a touch of public benefits. Strand 2 introduces the tools and key components of an estate plan, such as Wills, Trusts, asset titling, and death beneficiary designations. Strand 3 weaves these together with and applies them to real-world frequently encountered situations using classroom hypotheticals to teach sound practice management, ethical considerations, blended family issues, and a mindset that plans for the knowable unknowns (e.g., not all potential beneficiaries may in the future be healthy, financially secure, still living, or even born yet). No prerequisites
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Evidence
This course examines how courtroom lawyers use the evidence rules to present their cases - notably, rules regarding relevance, hearsay, impeachment, character, and experts. The approach to the study of evidence will be primarily through the "problem" method - that is, applying the provisions of the Federal Rules of Evidence to concrete courtroom situations. Theoretical issues will be explored as a way to deepen the student's appreciation of how the evidence rules can and ought to be used in litigation.
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Family Law
This is a basic course in family law and family policy. The first half of the course explores state regulation of intimate relationships, asking what purposes marriage serves, and looking at the law of incest, polygamy and same sex marriage. The second half of the course examines practical problems in family law: cohabitants' rights; common law marriage; and the many issues relating to divorce, with a particular focus on money and children.
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Federal Courts and the Federal System
The subject of this course is the distribution of power between the states and the federal government, and between the federal courts and other branches of the federal government as manifested in jurisdictional rules of the federal courts. The topics covered include the nature of the federal judicial function, the review of state court decisions by the United States Supreme Court, and the jurisdiction of federal district courts, with special emphasis on actions claiming constitutional protection against state official actions.
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First Amendment
This course examines several rights protected by the First Amendment to the Constitution. The focus is on the principles and processes developed by the judiciary to protect various forms of speech, expression and association. The course does NOT deal with the free exercise of religion or the establishment clause. The course also focuses on integrating doctrine with the core values of the First Amendment as well as emphasizing the need for students to develop their own preferred approach to protecting free expression. The course does not, except tangentially, deal with other parts of the Bill of Rights.
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Global AIDS Policy Seminar
The global HIV/AIDS pandemic, the preeminent public health and human rights challenge of our time, is structured by biological, economic, social, and cultural forces ranging from the arcane structures of the international intellectual property regime to the cultural norms that prefigure sexual intimacy. This seminar will explore selected policy options for reversing and responding to the tide of infection. Pharmaceutical research, development, and access, neo-liberal economic and trade policies, gender relations and prevention policies, global health initiatives and primary health systems, health care policy and health worker migration - these and many other topics will be the subject of classroom discussion and student research papers.
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Global Health
This course presents an overview of global health issues and focuses on less economically developed countries. Covers measures of disease burden; demography of disease and mortality; Millennium Development Goals (under the auspices of the United Nations); infectious diseases such as HIV/AIDS, tuberculosis, and malaria and their prevention; vaccine utilization and potential implications; chronic diseases; tobacco-associated disease; nutritional challenges; behavioral modification; mother and child health; health human resources; and ethical issues in global health.
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Health Care Fraud and Abuse
This course provides an overview of the law relating to health care fraud. It will provide an overview of the health care fraud and abuse laws, emphasizing the role of whistleblowers, qui tam actions, criminal investigative techniques, trial issues inherent in white collar criminal prosecutions, innovative resolutions of corporate fraud including compliance programs, and sentencing. Topics will include an overview of the health care payment system, the frauds visited on that system, and the interplay of criminal prosecutions with the FDA regulation. This course is highly recommended for students in the JD/MPH program, LLM students specializing in health policy and law, and students interested in criminal law, but is open to others as well. Health Law is recommended but not required.
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Health Law
This course examines the legal regulation of the provision of health care services. Much of the focus is on the relationship between law and health care policy. Topics include access to health insurance and health care, health care financing, malpractice liability, the organization and responsibility of health care institutions, especially hospitals, the regulation of the quality of care and the formulation of health policy. This course is highly recommended for all students enrolled in the JD/MPH dual degree program, but is open to others as well.
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Human Behavior, Legal Doctrine and Regulatory Design
This course will compare accounts of human behavior, including the Utilitarian/Law and Economics view of man as a rational calculator of his self-interest, with classical and contemporary alternatives to that description, including Behavioral Economics. We will evaluate the reasons for doubting or crediting these competing accounts, and will then consider their implications for determining appropriate legal doctrines and regulatory approaches. For example, we may consider whether the views of human behavior which shape consumer protection case law and the Supreme Court’s commercial speech doctrine are justified, and whether – and in what circumstances—regulations are appropriate which seek to help people by prescribing, proscribing, or “nudging” their behavior. Students are expected to participate in class and write a research paper which may satisfy the writing requirement.
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Immigration Law
This course is designed to give the student an overview of U.S. immigration law. The focus is on the day-to-day practice of immigration law, including an examination of the substantive and procedural aspects of this practice, and a historical analysis of the changes in our immigration laws and policies. Topics covered include non-immigrant and immigrant classifications, the preference system for immigrants, grounds of inadmissibility and deportability, relief from removal, asylum, citizenship, administrative and judicial review, and the immigration consequences of crimes.
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Independent Study
Any upper level student in good standing may engage in one or more independent study projects, totaling not more than three credits during an academic quarter and six credits during the two upper level years. A student wishing to conduct an independent study must secure the approval of a faculty member who agrees to supervise the project. Many students use independent studies to continue to examine a topic begun during co-op, or to extend the syllabus of a course. Students may also design projects which are not based in either course work or co-op, but in all cases a faculty sponsor must agree to the project.
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Inside Counsel
The legal departments of corporations represent a significant practice opportunity for lawyers interested in corporate and regulatory law. These corporate departments operate on a different model than law firms and regulatory agencies and offer careers that combine legal disciplines with business management skills. This course will examine the roles of corporate counsel inside U.S.-based corporations and not-for-profits, specifically: the value proposition of corporate counsel, common responsibilities, unique ethical issues, the implications of the Sarbanes-Oxley and Dodd-Frank acts, corporate governance, risk management and litigation. Students will be graded on their responses to mid-term and final essay questions and the demonstration of their comprehension of the subject matter in the classroom. Prior study of Corporate Law is preferred but not required.
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Intellectual Property
In our modern day 'information economy,' the law of intellectual property has taken on enormous importance to both creators and users of intellectual creations. This course introduces students to the classic principles of copyright, patent, trademark, and trade secret law and explores the ways in which those principles are shifting and adapting in response to new technology.
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Intellectual Property (IP) Law Clinic
The clinic requires students to devote twenty hours per week to providing IP-related legal services to students, ventures and other participants in the university’s entrepreneurship and innovation eco-system under the supervision of clinical faculty and staff. The clinic includes opportunities to address issues related to IP rights, risks and transactions for individuals and ventures in the university community, to collaborate with faculty and others on IP learning modules, policies, presentations or workshops for this community, to develop practice skills, or to participate in operation of a legal services office. Enrollment is limited; preference given to students with other relevant courses or practical experience.
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Intellectual Property Transactions Practice
This course provides students with lawyering training for business transactions, with a focus on the purpose, terms and conditions of transactions related to the creation, ownership, license, sale, use and exploitation of intellectual property assets. The course includes analyzing cases, problems and agreements related to transactions affecting private and public interests. A series of initial exercises will focus on the purpose, effect and drafting of various types of transactions and clauses. The class will then focus on several cases or problems leading to transactions between private business and/or NGOs or other public interest parties, for which students will be expected to analyze the parties' interests, propose transactional resolutions and draft or revise transaction documents. As a final exercise intended to satisfy the upper level writing requirement, each student will prepare on behalf of one party to the transaction a version of a transaction document and the draft and final versions of an advisory memorandum.
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International and Foreign Legal Research
This course is designed to teach students how to research international and foreign legal materials. The course uses a combination of lectures, hands-on research exercises, and homework assignments. Students will have opportunities: to increase the quality of research by attaining substantive knowledge on international legal topics and the legal system in which their issue arises; to attain practical skills to brainstorm search terms, formulate issues, and evaluate legal research resources by reiterative process; and to increase flexibility and confidence in researching international and foreign law topics. Topics include: U.S. and Non-U.S. treaties, international custom, jurisprudence, and documents of the United Nations, the European Union, and NGOs. The class also explores research in topical areas such as human rights, immigration and refugee laws, and foreign laws.
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International Business Regulation
This course introduces students to the architecture of the complex regulatory systems that govern the operation of the global economy. In the first part we will explore some of the diverse legal regimes that shape and are shaped by the behavior of transnational economic actors, with attention to the perspectives of transnational regulators, corporate managers and activists. In the second part we will look at the basic trade theory, concepts and doctrines that underlay the GATT/WTO regime. Finally, we will work to synthesize what we have learned by analyzing and presenting complex business/social/policy case studies using perspectives gained in the course. This course is designed to give students an overview of some of the principle regulatory structures that structure economic behavior in the global economy as well as the diverse impact this complex global system has on regulation and policymaking at the local, national and transnational levels.
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International Business Transactions
This course deals with transnational commercial law. It addresses the legal framework for international sales transactions, including the commercial terms of the sales agreement, shipping contracts, insurance, financing arrangements, and customs documentation. It also examines foreign direct investment transactions, international franchise and distribution agreements, and contracts for the transfer of technology. Bribery of foreign officials and liability under US and international rules are also included. Dispute resolution will be considered briefly with emphasis on choice of law and forum, arbitration, and enforcement of arbitral awards and foreign judgments.
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International Health Law: Governance, Development and Human Rights
This course will address three aspects of international health law: global health governance, health in the context of development, and health and human rights. Through the use of country and topical case studies the course will explore how laws structure and interact in the context of global health. The paper for this course can count for the writing requirement. Prior or concurrent course work in International Law or equivalent will provide a helpful foundation for this class, but is not required.
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International Human Rights and the Global Economy
This introductory survey course in international human rights highlights the growing influence of the international economic, social, and cultural rights framework as well as the implications of globalization for all international human rights. We examine the history and theoretical origins of human rights such as rights to food, housing, health, education, cultural expression, political participation, and prohibitions on discrimination and violence. We also review the legal framework under major international and regional human rights treaties and leading interpretations of them by international, regional, and domestic courts and other actors. Finally, we grapple with the tensions among collective rights, cultural imperatives, and traditional human rights. Students will be asked to explore these issues in specific context through individual and group projects. There is no prerequisite for this course, although having taken a course in International Law, or its equivalent, or taking such a course at the same time, is recommended.
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International Law
This foundational course introduces students to fundamental concepts and unresolved problems in international law. Students are introduced to the sources of international law and to methods of international dispute resolution in domestic and international fora. This course explores the part that international law has played (or failed to play) in the prevention or conduct of war, the promotion of human rights and international economic development. We discuss historical and contemporary theoretical debates about the roles and utility of international law and the relevance of international law to many areas of domestic practice. This course is a foundational course for most advanced public and private international law courses There is no prerequisite for this course.
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International Trade
This course provides a comprehensive introduction to the legal framework for U.S. and international regulation of international trade. The course will include a brief introduction to the economics of trade and trade restriction measures. It will then focus on the World Trade Organization agreements regulating international trade in goods, services and intellectual property; it will provide an overview of the North American Free Trade Agreement; and it will examine U.S. trade laws particularly relief from "unfairly" traded imports, boycotts and trade sanctions. Prior or concurrent course work in International Law is strongly recommended.
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Introduction to the Law of Contracts
This course is designed to provide international LLM students with an introduction to U.S. contract law, with a special focus upon contracts for the sale of goods. Topics may include formation of contracts, contract interpretation, performance, and breach, remedies, and Articles 1 and 2 of the Uniform Commercial Code. This course is especially recommended for LLM students who wish to take a U.S. bar exam. Not open to JD students
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Introduction to U.S. Constitutional Law 
This course is designed to provide international LLM students with an introduction to U.S. constitutional law. The course is especially recommended for LLM students who wish to take a U.S. bar exam. Topics may include judicial review, separation of powers, federalism, equal protection, state action, due process and fundamental rights, and the First Amendment. J.D. students may take this course only with permission of the Associate Dean for Academic Affairs.
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JD/MPH Applied Learning Experience
The student’s work completed for this course fulfills the capstone requirement for the Master of Public Health (MPH) portion of the Dual JD/MPH Program with Tufts University. The requirement is known as the Applied Learning Experience and it earns 3 Northeastern University Law school credits. Students fulfilling this required course spend a minimum of 160 hours in a public health agency completing a project related to public health and law. It is both an academic and practice experience where students use their legal and public health knowledge and skills to undertake a discrete project in a public health agency. A final paper and presentation is presented. Prereq. Permission of department.
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Juvenile Courts: Delinquency, Abuse and Neglect
This course covers the broad topic of children in custody for delinquency, abuse or neglect and for status offenses. Through an examination of fundamental case law, statutory law and theory of juvenile law, participants will be exposed to both substantive and procedural principles of the juvenile court system. The course examines how children come into court jurisdiction and the educational and mental health services they require while in foster care or in detention. The course looks at foster care, termination of parental rights and adoption as well as the juvenile death penalty issue. Court attendance is a requirement.
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Labor Arbitration Workshop
In this workshop, students will explore the important role of alternative dispute resolution in the workplace. Using court and arbitration decisions as well as supplementary materials, students will discuss the relationship between arbitration and the judicial system, a union's duty of fair representation, issues of arbitrability, evidence and procedure, as well as a variety of substantive contractual issues normally addressed in arbitration, such as seniority, fringe benefits, wages and hours, subcontracting and union security. In particular, the course will focus on "just cause" discharge and discipline cases. Although there are no prerequisites or co-requisites, Labor Law I is recommended. During the course of the quarter, students will draft an arbitration brief based on a transcript of a hearing and participate in an arbitration simulation using witnesses and documentary evidence.
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Labor Law I
A general introduction to the law of labor relations through an examination of the National Labor Relations Act and leading cases, in conjunction with historical, social and economic materials. Topics include organization, union recognition, unfair labor practices and collective bargaining.
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Labor Law II
An advanced labor law course focusing on the law of the collective bargaining agreement. The course compares collective bargaining rights to other workplace rights systems, such as individual statutory entitlements and public employee constitutional rights. Labor Law I or an equivalent exposure to the National Labor Relations Act law and procedure is a prerequisite to Labor Law II.
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Laboratory Seminar in Applied Design and Legal Empowerment
This limited enrollment, three-credit seminar explores the use of design principles in the development of new models for delivering legal information and services. Problem-solving methodologies derived from the fields of product and systems design are being successfully applied in many disciplines, including the law. These methods will be critically examined and applied by students within the context of NuLawLab community projects. Students will join multidisciplinary teams working with communities to collaboratively design responsive solutions to unmet legal needs, using the technological advances currently transforming the legal profession and our larger society. The seminar emphasizes hands-on student engagement with community clients, field observations, and teamwork in partnership with a diversity of other disciplines. Students will be assessed based on contributions to project work, including class discussions.
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Land Use
A survey of legal doctrines, techniques and institutions relating to regulation of the use of real property. Topics covered include constitutional questions of takings by public agencies, the scope of the police power as it affects land use and the basic techniques of zoning and subdivision control. Students study, among other issues, recent cases on exclusion of low income housing, current techniques to encourage housing development (inclusionary or "linkage" regulations) and First Amendment questions arising from land use controls.
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Law and Economic Development
This course will examine the prevailing economic theories of and strategies for economic development since World War II and the legal and institutional frameworks devised to implement these strategies. Questions we will explore will include: What kinds of legal and institutional arrangements best facilitate economic growth? How does law structure and shape markets? What is "development" and how can it best be measured? Can legal instruments be used effectively to address underdevelopment in a structural way? While the focus will be on development in the so-called "developing world," we will also explore some strategies for addressing development in a local community context. We will conclude the course by applying what we have learned to address several development case studies posing particular problems in particular regions and contexts.
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Law of Financial Institutions
This course will survey the complex regulatory regime governing the operations of commercial banking organizations in the United States. The primary focus will be on federal regulation of banks and bank holding companies. Nevertheless there will also, of necessity, be coverage of federal regulation of other types of depository institutions and holding companies - such as credit unions, savings associations, and savings and loan holding companies - as well as of state regulation of depository institutions and their holding companies. Current issues relating to bank mergers, diversification of banking organizations into other forms of financial and commercial activities (including securities and insurance), regulatory responses to specific problems (such as capital adequacy, deposit insurance, limitations on lending authority, anti-money laundering and anti-terrorism initiatives) will be considered.
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Law Practice Management Seminar: Access to Justice 
The seminar challenges conventional law practice management by exploring means of methods of filling the market gap in the provision of legal services to middle class clients. Using the vehicle of a business plan, students will investigate and document ways using improved marketing, staffing patterns, technological innovations and a variety of other tools to provide legal services to underserved portions of the market in a sustainable and economically viable fashion. Students will develop skills to bridge-the-gap between their theoretical education and the practical application and will be able to implement aspects of their business plan in any role as a practitioner.
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Legal Accounting
Accounting is described as the language of business. This course may be of interest to students seeking to understand accounting, finance, auditing, financial reporting, taxation, or exempt organization management commonly encountered by attorneys. The course introduces objectives and mechanics of financial reporting and accounting. In addition to traditional textual and case materials, we examine financial statements of a local public company including the balance sheet, income statement, statement of shareholders' equity, statement of cash flows, footnotes and management disclosure and analysis. We perform fundamental comparative financial analysis from an investor’s viewpoint to determine each company’s financial strengths and weaknesses. The course addresses the relationship between lawyer and auditor and reviews and analyzes recent financial reporting and financial scandals and audit failures.
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Legal Analysis (Bar Review Prep Course)
In preparation for graduation and the bar exam, Legal Analysis offers third year students the opportunity to review all first year doctrinal subjects plus upper level Evidence, as well as offering material not covered in the courses they have previously taken. Although this course is voluntary and not a substitute for a commercial bar review course, it will be a useful tool in the third year students' preparation for their bar exam. 
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Legal Interviewing and Counseling
Students in this course will study the principles of interviewing and counseling, learning how to interview clients to identify their legal problems and to gather information on which solutions to those problems can be based. Students will also practice interviewing witnesses and students will be taught how to counsel clients - a process by which, having determined what the client's legal problems are, the lawyer helps clients make decisions by identifying potential strategies and solutions and their likely positive and negative consequences. Students will practice specific interviewing and counseling techniques and have the opportunity to receive feedback from classmates and the instructor.
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Legal Writing Workshop
This course teaches students how to strengthen their writing and analytic skills. Students will write and edit several documents, both objective and persuasive. Assignments may include professional emails, office memoranda, client letters, substantive motions, or a brief for the court. The entire course will cover the range of good writing, from punctuation and word choice to sentence and paragraph structure, as well using citations accurately. Course assignments may be used to fulfill the upper level writing requirement.
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Modern Real Estate Development
This course explores the basic elements of commercial real estate transactions, with a focus on the acquisition and financing of real estate development. We discuss the economic considerations (including basic tax benefits) and risk elements of real estate development, as well as some of the emerging trends in real estate development and their theoretical implications. We give limited consideration to residential real estate transactions. A complex real estate transaction serves as the basis for the course discussions. Course materials include typical transactional documents. During the term, one or more in-class drafting exercises are included to help focus the discussion of the issues.
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Moot Court and Legal Competition
This individualized instruction program allows students to participate in a variety of professional competitions: moot court, mock trial, mediation, client counseling and writing competitions. Under the supervision of a faculty member, participants in these competitions devote substantial time and effort to researching, writing, and preparing for oral arguments or advocacy. In recognition of the effort required to participate in these competitions, participants are awarded up to three (3) credits for the experience, provided they satisfactorily (i) complete the required written submission, (ii) participate in a number of rounds of practice argument, and (iii) attend and participate in the competition.
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Natural Resources Law
This course addresses legal requirements and institutions dealing with animal and plant species, biological resources, habitats, and ecosystems. Major themes include biological diversity, endangered and threatened species, public and private rights in migratory resources, public trust doctrine, the allocation of power among federal, state, and local governments, and the roles of administrative agencies in ecosystem management. The course provides opportunities to explore specific topics of interest such as environmental ethics, wetlands protection, fisheries law, Native American hunting rights and fishing rights, and management of national parks, forests, and grazing lands.
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Negotiation
Negotiation is a course where students engage in simulated disputes and transactions, which are then debriefed in class. Through frequent in-class mini-negotiations and major simulations, the course focuses on: (1) negotiation planning, (2) case preparation and evaluation, (3) client counseling and informed client consent, (4) analysis of the bargaining range and principled concession patterns, (5) competitive, cooperative and problem-solving strategies, (6) information bargaining, (7) ethics and (8) critiques of negotiation patterns and institutions. Students are required to turn in preparation materials and to keep weekly journals, reviewed by the instructor, addressing their experiences in, and thoughts about, negotiations. Students are encouraged to internalize habits of analysis, prediction, preparation, and flexibility and to become more self-evaluative for their future negotiating experiences.
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Non-Profit Organizations
This course is about federal regulation of nonprofit organizations. Why does the government exempt certain organizations from tax? What are the rules that non-profit organizations must follow in order to retain their tax-exempt status? What activities by non-profit organizations are prohibited by federal law? These and other questions about non-profit organizations will be discussed. The course will focus on relevant Federal tax law, but there is no prerequisite for the course. Although the course is about the Internal Revenue Code, the concepts of income taxation (what is income? when is it income? etc.) are irrelevant because nonprofit organizations are exempt from tax.
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Patent Law
This course will provide an in-depth review of patent law and practice. The course will cover the administrative process for obtaining patents, including the requirements for patentability. The course will also cover enforcement of patent rights and the defense of patent infringement suits. The course will be presented in a simple, non-technical manner so that students of all disciplines can learn and understand the concepts.
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Payment Systems - Commercial Law
When money changes hands by check, credit card or electric transfer, and when notes or drafts change hands prior to their payment, the movement of funds or paper is itself a commercial transaction. This course studies the law of payments, primarily Articles 3, 4 and 4A of the Uniform Commercial Code. Topics include the negotiability of commercial paper, the consequences of negotiability for merchants, consumers and banks; how checks clear through banks; and who bears the loss in the event of fraud, theft or mistake.
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Poverty Law and Practice Clinic
The twenty hours a week spent in the clinic provides an opportunity for students to provide direct representation to clients confronting legal challenges as they try to balance family and work responsibilities. Students have complete responsibility for a range of clients under the supervision of a faculty member. Students interview, research, plan, investigate, counsel, negotiate, and advocate for their clients. The clinic encourages students to maintain a client-centered focus and looks to extend the experience beyond the problem of the individual to the benefit for the community. The clinic also provides an opportunity to work in collaboration with a community organization in order to experience collaborative efforts for systemic change for low income clients.
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Pretrial Civil Practice and Advocacy
This course provides the foundation to manage the pretrial phase of a civil action. Each class will consist of a lecture concerning an aspect of pretrial practice, followed by student conducted pretrial advocacy. Using model civil cases, the students will engage in most types of pretrial practice, including an initial client interview and basic legal analysis to evaluate and assert potential legal claims and defenses, witness selection and preparation, deposition and written discovery practice, dispositive motions, pretrial memoranda and settlement positions. Evidence is a prerequisite.
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Prisoners' Rights Clinic
This clinical course is offered during both the fall and winter quarters. It provides upper-level students with an opportunity to develop and refine valuable advocacy skills under the close supervision of two experienced practitioners. Typically, each student gets to handle, from beginning to end, either an adversarial hearing (final parole revocation), or a non-adversarial parole release hearing for an inmate serving a life sentence. Through this experience, students learn how to properly conduct client/witness interviews and thorough factual investigations, to examine and cross-examine witnesses effectively and to make persuasive opening and closing statements. Students also learn how to write winning administrative appeals. The skills students learn in this course are easily transferable to any civil or criminal practice after law school. The course also presents a survey of the constitutional law relating to the sentencing process and the rights of prisoners while incarcerated and while on parole.
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 Private Litigation for Social Justice (was Strategic Litigation)
How can lawyers working in the "private" arena influence public policy? This course looks at tort-based litigation that impacts tobacco control, climate change, and other policy arenas. It considers the financial consequences of "mass torts", class actions and punitive damages on plaintiffs' attorneys as well as on defendants, and examines doctrinal, ethical and practical issues raised by the effort to use civil remedies to achieve social change.
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Problems in Public Health Law
This course will explore the rationales for using law to protect and preserve the public's health, the legal tools that may be used to achieve that end, and the conflicts and problems that may result from legal interventions. Topics discussed will include the use of law to reduce the spread of HIV and other infectious diseases, control of tobacco and other hazardous products, bioterrorism, and the threats to civil liberties and minority groups engendered by all such legal efforts. This course is highly recommended for all students enrolled in the JD/MPH dual degree program, but is open to other students as well.
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Professional Responsibility
This course focuses on the legal, ethical and professional dilemmas encountered by lawyers. The course emphasis is on dealing with these dilemmas in the everyday practice of law while understanding the underlying issues and gaining a perspective within which to evaluate them.
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Professional Responsibility Seminar
This small section of Professional Responsibility is taught as a seminar-style course. The course incorporates basic analytical and legal reasoning techniques, as well as offers opportunities for students to improve their legal writing through analysis and critique. Writing is done in the context of Professional Responsibility doctrine with a focus on legal, ethical and professional dilemmas encountered by lawyers. This course fulfills the 3 credit Professional Responsibility course requirement while, at the same time, refines students' basic analytical and writing skills.
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Public Health Advocacy Clinic
This clinic supports the work of the Public Health Advocacy Institute, a Northeastern-based think tank. It provides students with an opportunity to gain experience in public interest law, health law, and the use of litigation to effect changes in public health policy. The clinic's primary focus will be on tobacco control and on the emerging issue of obesity-related litigation and policy, but students may explore other public health-related topics as well. This clinic also provides a unique opportunity for students to develop their academic legal writing skills; the final project in this course is the equivalent of a law review article. In addition to weekly class readings and discussions, each student will work on a major research project throughout the quarter, meet regularly with the instructor to discuss the project, give an oral presentation to the class, and write a substantial paper discussing his/her research.
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Quantitative Methods
Quantitative Methods is an interdisciplinary skills-building course intended to enhance students’ ability to critique, analyze, and generate empirical information. The course explores a variety of contexts in which legal and policy professionals may be called upon to evaluate and interpret data. Possible topics may include calculating the present value of cash flows in settlements (divorce, personal injury); preparing and analyzing financial statements (corporate); critiquing empirical methods and sources of bias in scientific literature (mass torts, medical malpractice); evaluating geographical information (environmental management, zoning); and formulating social science and polling research (public policy and politics). Taking an experiential approach, students are expected to apply concepts and methodologies introduced in class to straightforward problem sets, independent research assignments, and interactive discussions of current events. No prior experience is necessary; this course is designed for wonks and novices alike.
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Refugee and Asylum Law
This course provides an overview of U.S. and international law governing the treatment of refugees. The primary focus is on U.S. law as it has evolved since passage of the Refugee Act of 1980, including relevant statutes, regulations, administrative decisions, and federal case law. The course also includes an examination of relevant international law and UNHCR guidelines, and a comparative look at doctrine and practices in other countries. In addition, we will discuss issues of due process within the U.S. asylum adjudication system; questions relating to cross-cultural communication and credibility determinations; new and emerging theories of asylum eligibility; and recent policy developments that impact asylum seekers in the United States. Prior or concurrent course work in International Law and/or Immigration Law will provide a useful foundation for this course but is not required.
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Reproductive and Sexual Health and Rights
This course will examine how sexual and reproductive health laws impede or increase access to sexual and reproductive health care and shape how we understand what constitutes sexual and reproductive health. Attention will be paid to understanding legal doctrine, public health research, and critically assessing issues arising from sexual and reproductive health law. The course will draw on various tools of analysis including critical race theory, critical legal theory, human rights, and a range of public health methods. Topics covered will include, amongst others, sexual and reproductive health law as it pertains to abortion, sexuality, pregnancy, marriage, health care in prisons, immigrants, HIV/AIDS, and sex education. The course covers both domestic and international issues pertaining to sexual and reproductive health and rights.
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Rights of Non-citizens
This seminar explores the rights of noncitizens in the United States under both domestic and international law. The primary focus of this course is on the constitutional and human rights of noncitizens in a wide range of contexts (including workplace rights, public benefits, and public education) rather than on statutory immigration law. Students will be asked to choose and research a relevant topic, incorporating both domestic and international law into their analysis. Students will present their research to other members of the seminar for discussion and feedback from other students and the instructor before submitting the final paper at the end of the quarter. Final papers can be used to satisfy the law school's "rigorous writing" requirement. Readings will include case law, statutes, policy reports, and academic articles from a variety of disciplines. Prior or concurrent course work in International Law and/or Immigration Law will provide a useful foundation for this course but is not required
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Secured Transactions - Commercial Law
This course has as its principal focus the way that most credit in America is extended. The transactions covered range from the purchase by consumers of automobiles or large household goods on credit to mega-loans by banks to large corporations. The primary law studied is Article 9 of the Uniform Commercial Code as well as certain sections of the federal Bankruptcy Code. The course also seeks to introduce students to commercial law generally and to further their facility with issues of statutory construction.
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Securities Regulation
Federal regulation of securities transactions originated in the New Deal investor protection legislation of the early 1930s and must now adapt to the changes and challenges of the 21st century. This course surveys major issues in the registration of initial public offerings ("IPOs") under the Securities Act of 1933 and relevant provisions of the Securities Exchange Act of 1934, civil liability provisions, and the major exemptions from registration. Students will engage in detailed statutory analysis, as well as analysis of judicial and administrative decisions. The material covered in the course also raises important public policy issues such as "market democracy" and the role of regulation, disclosure policy with regard to corporate accountability and social responsibility, and the implications of internet disclosure. Corporations, or its equivalent, is a prerequisite.
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Sexuality, Gender and the Law
This course uses case law and theory to address doctrinal problems and justice concerns associated with gender and sexuality. The syllabus is organized around notions such as privacy, identity and consent, all of which are conceptual pillars upon which arguments in the domain of sexuality and gender typically rely. Doctrinal topics include same-sex marriage, sodomy, sexual harassment, discrimination, among others, but the course is not a doctrinal survey; it is a critical inquiry into key concepts that cut across doctrinal areas. Students should expect to write a paper and share some of what they have learned with the class.
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Social Welfare Law
This course examines American public assistance as a legal institution. After reviewing the historical, sociological and juridical roots of the welfare system, students examine the laws governing major assistance programs, especially eligibility requirements, rules governing grant determination, work and family rules, and procedural rights. Primary emphasis is on statutory and regulatory construction. The course explores methods by which lawyers can deal with the system: advocacy in the administrative process, litigation, legislative reform and representation of recipient organizations.
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Sports Law
This course explores the legal, economic and social aspects of national and international professional and amateur sports. The course will focus on judicial, administrative, legislative and private decisions that have created a cohesive body of principles for the resolution of disputes involving athletes, clubs, leagues, spectators, and fans. These decisions address issues of antitrust, labor, tort, agency, and constitutional law. We will pay particular attention to the governance of sports, player reservation systems and player contracts, collective bargaining and salary arbitration, franchise free agency, violence in sports, NCAA rules and regulations, gender and handicapped discrimination, and sports agents. Students will draft a research paper on a topic approved by the instructor.
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State and Local Government
This course offers an introduction to the workings of state and local governments, and to the roles of law and of lawyers in shaping and controlling their operation. Topics to be covered include: the sources and scope of state and of local lawmaking authority, intergovernmental relationships, modes of citizen participation in and control over the governing process, and state and municipal fiscal structure and operations. In exploring these topics, the course will focus both on the practical roles played by attorneys (employed inside or outside of government) in the governmental processes and on the place of decentralized governmental units within the vision of a democratic polity.
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State and Local Taxation
This course surveys the variety of regimes deployed by various states to fund state and municipal government, with primary attention to state income taxation of individuals and businesses, property taxation and sales taxes. Among the topics to be covered are federal and state constitutional constraints on state and local tax structures, alternative methods of state business taxation, and issues relating to the taxation of interstate activity. The course will approach these topics from the viewpoints both of state tax policy-making and of taxpayer planning and representation.
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Trademark and Branding Law
As preparation for advising clients on brands and brand-related activities, this course provides an introduction to trademark law and other laws (such as unfair competition, trade dress, design patent and advertising) and the business practices associated with branding products and services. The focus is on the practical application of legal principles with respect to selection, acquisition, promotion, use and protection of brand indicia (marks, logos, slogans, designs, labels and packaging) and related lawyering competencies, including conducting due diligence, applying relevant law, working collaboratively, giving useful advice and communicating effectively.
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Transactional Drafting Seminar
This seminar will help students improve their writing in the context of transactional legal documents. Specifically, the seminar will help students: adopt specific tools to achieve clear and concise writing; understand the purpose of each basic element of a contract and adopt the language that most clearly accomplishes that purpose; draft the operative provisions of a contract to express the agreement of the parties; and, create an "architecture" for a contract to make individual provisions work together in a cohesive document. The seminar will address concepts applicable to a wide range of transactional legal documents, with a particular emphasis on drafting in the context of corporate transactions, including employment issues, shareholders' rights, and mergers and acquisitions. No knowledge of corporate law will be assumed, and there are no prerequisites for this seminar.
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Trusts and Estates
This basic course covers all aspects of inheritance, including intestacy, wills, common modern will substitutes, trusts, and future interests, with attention to rights of spouses and children, charitable interests, fiduciary duty, and other issues. The focus is practical, and students are required to write numerous short exercises - including analysis, planning advice, and formal drafting - to address realistic problems.
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Whistleblower Law
This course provides an introduction to the legal issues related to whistleblowing, a dynamic new area in employment, corporate compliance, and anti-fraud law. It focuses on tort-like remedies and monetary rewards available to whistleblowers under the Dodd-Frank, Sarbanes-Oxley, Foreign Corrupt Practices and False Claims Acts, along with protections under tax law, the First Amendment, and common law. There will be a final exam and a short paper [approximately 2 pages in length].
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Wrongful Convictions and Post-Conviction Remedies
The emergence of DNA testing has not only assisted law enforcement in solving crimes, but it has also helped to expose a problem that many observers of the criminal justice system have long suspected: that a number of actually innocent prisoners have been convicted in the United States. Given that biological evidence suitable for post-conviction DNA testing is available in only a smattering of cases, the exonerations generated by DNA represent only the tip of the innocence iceberg, so to speak. This class will explore (1) the primary factors that contribute to the phenomenon of wrongful convictions, (2) the state and federal procedures through which post-conviction claims are litigated and (3) potential reforms to protect against the conviction of the innocent. You will be evaluated principally on a final research paper related to a topic of your choice.
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