LAW 6100. Civil Procedure. 5 Hours.
This course introduces students to the procedural rules that courts in the United States use to handle non-criminal disputes. The purpose of this course is to provide a working knowledge of the Federal Rules of Civil Procedure and typical state rules, along with an introduction to federalism, statutory analysis, advocacy and methods of dispute resolution. The course also examines procedure within its historical context. May be repeated once.
LAW 6101. Constitutional Law. 4 Hours.
This course studies the techniques of constitutional interpretation and some of the principal themes of constitutional law: federalism, separation of powers, public vs. private spheres, equality theory and rights analysis. The first part of the course is about the powers of government. The second part is an in-depth analysis of the 14th Amendment.
LAW 6102. Contracts. 5 Hours.
This course examines the legal concepts governing consensual and promissory relationships, with emphasis on the historical development and institutional implementation of contract theory, its relationship and continuing adaptation to the needs and practice of commerce, and its serviceability in a variety of non-commercial contexts. Topics covered include contract formation, the doctrine of consideration, remedies for breach of contracts, modification of contract rights resulting from such factors as fraud, mistake and unforeseen circumstances, and the modern adaptation of contract law to consumer problems. This course also introduces students to the analysis of a complex statute: the Uniform Commercial Code. May be repeated once.
LAW 6103. Criminal Justice. 4 Hours.
In this course, students are introduced to the fundamental principles that guide the development, interpretation and analysis of the law of crimes. They are also exposed to the statutory texts—primarily the Model Penal Code, but also state statutes. In addition, students are introduced to the rules and principles used to apportion blame and responsibility in the criminal justice system. Finally, students examine the limits and potential of law as an instrument of social control. May be repeated once.
LAW 6105. Property. 4 Hours.
This course covers personal property, estates in land, landlord-tenant relationships, mortgages, real estate financing and the doctrine of future interests. The course concludes with the study of private restrictions on land use and a detailed examination of zoning law.
LAW 6106. Torts. 4 Hours.
This course introduces students to theories of liability and the primary doctrines limiting liability, which are studied both doctrinally and in historical and social context. The course includes a brief consideration of civil remedies for intentional harms, but mainly focuses on the problem of accidental injury to persons and property. It also provides an introductory look at alternative systems for controlling risk and allocating the cost of accidents in advanced industrial societies.
LAW 6160. Legal Skills in Social Context. 2 Hours.
The LSSC Social Justice component immediately applies students’ legal research and writing skills in using law as a tool for social change. LSSC links students’ pre-law school thinking with the new legal culture in which they find themselves. In the first semester, they begin by forging their own team lawyering dynamic in discussing assigned readings and in preparing, and presenting, several advocacy exercises and written assignments. In the second semester, students apply and consolidate their new legal research and writing skills in addressing an intensive real-life social justice project for a selected client organization. LSSC student teams develop their legal and cooperative problem-solving skills and knowledge while producing real client work of a quality that far exceeds the ordinary expectations of first-year law students. May be repeated once.
LAW 6165. LSSC: Legal Research and Writing Component. 2 Hours.
Competent and effective legal research and writing skills are the foundation for students’ success in law school and in their legal careers. In LSSC’s Legal Analysis, Research and Writing component, students learn about the organization of the American legal system, the sources and construction of laws, and how the application of laws may vary with the specific factual situation. Students learn how to research the law to find applicable legal rules, how to analyze and apply those rules to a factual situation, and how to communicate their legal analysis clearly and concisely to different audiences. A real life opportunity to practice these skills is provided in the concurrent LSSC Social Justice class in which students research and write a project for a real client.
LAW 6301. Intensive Introduction to American Law and Legal Institutions. 3 Hours.
This course is a general introduction to the American legal system for graduates of law programs outside the United States. The focus will be on the distinctive features of the American system, including how the U.S. common-law system differs from the civil-law system in place in most other countries. The three branches of government, federalism, the federal-state relationship, the constitutional protection of individual rights, civil and criminal procedure, and statutory and regulatory law will all be discussed. LLM students only.
LAW 6302. Intensive Introduction to Legal Research and Writing for LLM Students. 3 Hours.
This course introduces graduates of law programs outside the United States to the principles of U.S. legal discourse and to the basics of manual and electronic U.S. legal research. Students will have an opportunity to practice researching complex questions of U.S. law and writing memoranda based on their research. LLM students only.
LAW 6307. Elements of Experiential Legal Pedagogy 1. 3 Hours.
This course provides the LLM student with a foundation in experiential legal pedagogy. It introduces the student to the elements of experiential legal pedagogy, including history, theory, and basic methodologies in teaching and supervision techniques. LLM students only.
LAW 6308. Elements of Experiential Legal Pedagogy 2. 3 Hours.
This course continues to provide the LLM student with a foundation in experiential legal pedagogy. It elaborates upon the elements of experiential legal pedagogy and methodologies. LLM students only.
LAW 6309. Advanced Capstone Tutorial in Experiential Legal Pedagogy 1. 2 Hours.
This course provides the LLM Candidate and Faculty Advisor the opportunity to engage in a critical dialogue about experiential legal pedagogy, with a focus on its application to the LLM candidate’s particular area of interest. The tutorial is an exploration of innovative ways of designing, implementing, and evaluating experiential legal pedagogies. LLM students only.
LAW 6310. Advanced Capstone Tutorial in Experiential Legal Pedagogy 2. 4 Hours.
This course continues the LLM Candidate’s advanced study of the application of experiential legal pedagogy to the LLM candidate’s particular area of interest. The tutorial continues to explore innovative ways of designing, implementing, and evaluating experiential legal pedagogies. LLM students only. LLM students only.
LAW 6311. Experiential Legal Scholarship Seminar. 4 Hours.
Under the supervision of the Faculty Advisor, the LLM candidate will develop and produce a scholarly paper of publishable quality on an aspect of experiential legal learning. LLM students only.
LAW 6312. Intensive Experiential Legal Placement. 3 Hours.
The LLM candidate will engage in experiential legal education at the law school, developing and delivering curricula and supervising students. LLM students only. May be repeated up to five times.
LAW 6313. Introduction to the Law of Contracts. 3 Hours.
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. This course is not open to JD students.
LAW 6314. Introduction to U.S. Constitutional Law. 3 Hours.
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.
LAW 6315. Legal Research and Writing for LLM Students: Preparing for Co-op. 2 Hours.
This course introduces graduates of law programs outside the United States to the practical application of U.S. legal discourse and legal research in the workplace. Students will have an opportunity to apply what they have learned about U.S. legal writing and research to the sort of tasks that they will be called upon to complete during their Co-op internship work experience. LLM students only.
LAW 6316. Introduction to Civil Procedure. 3 Hours.
This course is designed to provide international LLM students with an overall introduction to U.S. civil procedure. Topics will include personal and subject-matter jurisdiction, pleadings, discovery, choice of law (the Erie Doctrine), finality and preclusion, and class actions. The course is designed to emphasize the practical application of civil procedure law, and is especially recommended for LLM students who wish to take a U.S. bar exam. Not open to JD students.
LAW 6330. Global Legal Practice. 1-8 Hours.
In this course, LLM students receive practical training by working with real-world clients on real-world cases obtained from Boston-area legal services organizations, under the legal supervision of licensed attorneys working in the LLM program at the Law School. LLM students only. May be repeated up to seven times for up to 8 total credits.
LAW 6962. Elective. 1-4 Hours.
Offers elective credit for courses taken at other academic institutions. May be repeated without limit.
LAW 7300. Administrative Law. 3 Hours.
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.
LAW 7301. Advanced Criminal Procedure: Adjudication. 3 Hours.
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.
LAW 7303. Antitrust. 3 Hours.
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.
LAW 7306. Civil Trial Practice. 2 Hours.
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.
LAW 7308. Payment Systems. 3 Hours.
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 check clear through banks; and who bears the loss in the event of fraud, theft or mistake.
LAW 7313. Secured Transactions. 3 Hours.
A survey of commercial lending transactions, with particular emphasis on Article 9 of the Uniform Commercial Code, consumer legislation, relationship to real estate mortgage transactions, relationship to bankruptcy problems, fraudulent conveyances, federal tax liens, etc.
LAW 7315. Consumer Bankruptcy. 3 Hours.
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.
LAW 7317. Conflicts of Law. 3 Hours.
“Conflict of laws” problems arise when two or more judicial or legislative jurisdictions seem to have a claim to govern some set of events. This course will concentrate on the debate among the various approaches to deciding “which law” applies to the events in question. The course will examine the history of this debate as a case study in the history of American legal theory, from Formalism to the many forms of Post-Realism. Students will learn the variety of styles of legal reasoning that this history has bequeathed to us. The course will also examine some international conflict of laws problems, a field sometimes called “private international law.” Throughout, the course will attempt to disprove the description of conflict of laws offered by a noted commentator: “The realm of the conflict of laws is a dismal swamp, filled with quaking quagmires, and inhabited by learned but eccentric professors, who theorize about mysterious matters in a strange and incomprehensible jargon. The ordinary court, or lawyer, is quite lost when engulfed and entangled in it.”.
LAW 7320. Constitutional Litigation. 3 Hours.
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.
LAW 7322. Corporate Taxation. 3 Hours.
LAW 7323. Corporations. 4 Hours.
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.
LAW 7324. Securities Regulation. 3 Hours.
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.
LAW 7326. Criminal Trial Practice. 2 Hours.
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.
LAW 7329. Environmental Law. 3 Hours.
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.
LAW 7331. Estate Planning. 3 Hours.
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).
LAW 7332. Evidence. 4 Hours.
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.
LAW 7333. Family Law. 3 Hours.
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.
LAW 7335. Health Law. 3 Hours.
This course examines the legal regulation of the provision of healthcare services. Much of the focus is on the relationship between law and healthcare policy. Topics include access to health insurance and healthcare, healthcare financing, malpractice liability, the organization and responsibility of healthcare 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.
LAW 7336. Immigration Law. 3 Hours.
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.
LAW 7338. International Law. 3 Hours.
This course introduces students to fundamental concepts and unresolved problems in international law. We discuss historical and contemporary theoretical debates about the roles and utility of 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.
LAW 7340. Labor Law 1. 3 Hours.
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.
LAW 7344. Legal Accounting. 3 Hours.
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.
LAW 7350. Negotiation. 3 Hours.
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.
LAW 7351. Prisoners' Rights Clinic. 6 Hours.
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.
LAW 7358. Social Welfare Law. 3 Hours.
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.
LAW 7362. Poverty Law and Practice Clinic. 6 Hours.
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.
LAW 7367. Labor Law 2. 4 Hours.
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 entitlement and public employee constitutional rights.
LAW 7369. Intellectual Property. 3 Hours.
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.
LAW 7377. Trusts and Estates. 4 Hours.
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.
LAW 7394. Land Use. 3 Hours.
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.
LAW 7398. Federal Courts and the Federal System. 4 Hours.
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.
LAW 7400. Corporate Taxation. 4 Hours.
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.
LAW 7410. Domestic Violence Clinic. 6 Hours.
The School of Law’s Domestic Violence Institute offers an upper-level clinic focused on violence prevention and criminal intervention at Dorchester District Court. In this clinic, students develop traditional lawyering skills—including interviewing and counseling clients, and preparing and presenting cases in court—in the context of a busy community court that handles thousands of domestic abuse cases each year. The clinic also trains students to participate in a broader community-based response to domestic violence and to work collaboratively in interdisciplinary teams with battered women survivors, advocacy groups and police and law enforcement personnel.
LAW 7417. Entertainment Law. 3 Hours.
Entertainment Law involves the study of legal principles and business practices of the entertainment industry, with a focus on such matters as they exist in the film, television, and music industries, as well as publishing, video games, emerging media, and the Internet. The course is divided generally into four segments: Intellectual Property (including idea submissions, copyright, trademark, and privacy and publicity rights); Representation of Entertainers (including the roles of agents, managers, lawyers, and unions); Contracts, Credits, and Compensation; and Restrictions on Entertainment Content (including defamation, discrimination, obscenity and indecency, and violence). The focus is on the practical application of the legal principles, including an awareness of issues that arise in negotiations, contracts, and litigation involving entertainment companies and creative talent.
LAW 7422. Human Rights Seminar: Race, Gender, and Culture. 3 Hours.
This research, writing, and discussion seminar uses interdisciplinary theoretical approaches (i.e., post-colonial theory, cultural studies, feminist studies, critical race theory, migration studies) to explore and critique the possibilities and limits of the international human rights legal framework. Students will be asked to choose and research a relevant and narrowly-tailored topic relating to the implications of identity (race, gender, class, national or migration status, sexuality, disability, etc.) for an international human rights issue in a specific practical or theoretical context. In addition to submitting a preliminary topic, bibliography, outline, and draft section, each student 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. Readings include a range of primary documents from UN and regional human rights systems, law review articles and books primarily drawn from the “Third World Approaches to International Law” movement, as well as a reader on post-colonial theory.
LAW 7423. State Local Taxation. 3 Hours.
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.
LAW 7424. Labor Law 1. 4 Hours.
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.
LAW 7427. Corporate Finance: Acquisitions. 4 Hours.
This course will explore the legal implications of corporate financing and acquisition decisions. After a brief introduction to basic financial economic concepts, the course will cover a variety of topics, including (1) the legal rights, duties and relationships among holders of senior securities (debt, preferred, and convertible securities), common equity holders, corporate directors and managers; and (2) mergers, acquisitions and other change of control transactions. While the focal point of this course will be on the legal dimensions of corporate financial decisions — in contrast to a business school approach to teaching corporate finance — some effort will be made to promote a basic understanding of the economic and financial rationale underlying corporate law principles in this area. Nevertheless, no prior familiarity with finance will be assumed or required.
LAW 7428. State Local Government. 3 Hours.
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.
LAW 7429. Labor Law 2. 3 Hours.
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 entitlement and public employee constitutional rights.
LAW 7434. Secured Transactions. 4 Hours.
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.
LAW 7443. Professional Responsibility. 3 Hours.
This course focuses on the legal, ethical and professional dilemmas encountered by lawyers. Emphasis is on justice as a product of the quality of life that society provides to people rather than merely the process that the legal system provides once a crime or breach of duty has occurred. The course also provides students with a working knowledge of the American Bar Association’s Model Rules of Professional Conduct and the Code of Professional Responsibility as well as an understanding of the underlying issues and a perspective within which to evaluate them. In addition, the course examines the distribution of legal services to poor and non-poor clients.
LAW 7444. Modern Real Estate Development. 3 Hours.
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.
LAW 7447. Quantitative Methods. 3 Hours.
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 straight forward problem sets, independent research assignments, and interactive discussions of current events.
LAW 7448. Employment Discrimination. 3 Hours.
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.
LAW 7449. Alternative Dispute Resolution. 3 Hours.
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.
LAW 7454. Advanced Legal Research. 2 Hours.
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.
LAW 7463. Non-Profit Organizations. 3 Hours.
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.
LAW 7469. Disability Law. 3 Hours.
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 healthcare, 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.
LAW 7475. First Amendment. 3 Hours.
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.
LAW 7478. Collective Bargaining. 4 Hours.
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.
LAW 7479. Basic Income Taxation. 4 Hours.
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.
LAW 7487. Critical Race Theory. 3 Hours.
This course traces the historical, political, and intellectual origins of Critical Race Theory (CRT) by examining the key writings that formed its foundational pillars. Through this endeavor, we will have an opportunity to grapple with some of CRT’s theoretical contributions as well as the associated methodologies for advancing these claims. Our exploration will also encompass a review of new developments in the field and an application of CRT to current social injustices. Enrollment is limited and evaluation will be based on class participation, a presentation, and a paper project.
LAW 7488. Sexuality, Gender, and the Law. 3 Hours.
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.
LAW 7491. International Human Rights and the Global Economy. 3 Hours.
Can recognizing “the right to housing” make the demands of homeless persons for adequate housing more effective? Does the right to maintain cultural or religious traditions conflict with the right to be free from gender discrimination? This course 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 will begin by examining the history and theoretical origins of socioeconomic and cultural rights such as rights to food, housing, health, education, and cultural expression. We then engage 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. There is no prerequisite for this course.
LAW 7494. Bioethics and the Law. 3 Hours.
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 healthcare. Students will be expected to write a research paper and share some of what they have learned with the class.
LAW 7495. Advanced Criminal Procedure: Investigation. 3 Hours.
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.
LAW 7496. Appellate Practice. 2 Hours.
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.
LAW 7501. Patent Law. 3 Hours.
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.
LAW 7503. Commercial Law: Business Bankruptcy. 3 Hours.
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.
LAW 7509. Professional Responsibility Seminar. 3 Hours.
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.
LAW 7511. Labor Arbitration Workshop. 3 Hours.
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.
LAW 7512. Problems in Public Health Law. 3 Hours.
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 J.D./M.P.H. dual degree program, but is open to other students as well.
LAW 7514. Natural Resources Law. 3 Hours.
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.
LAW 7515. Sports Law. 3 Hours.
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.
LAW 7516. Legal Writing Workshop. 3 Hours.
This course is for students who wish to strengthen their writing and analytic skills. The first part of the course will focus on objective writing. Students will work on an office memorandum analyzing a statute and case law. The classes will focus on large scale organization, small scale organization, case analysis, and revising your own work. The second part of the course will focus on persuasive writing and research. Students will research and draft an appellate brief based on a constitutional issue, paying particular attention to persuasive writing techniques. The appellate brief will fulfill the upper level writing requirement. The entire course will focus on writing concisely, using citations accurately, and other skills essential to effective legal writing.
LAW 7518. Affordable Housing Law—Theory and Practice. 3 Hours.
This course will explore how and why Federal law supports the production, finance and operation of affordable housing, and the consequences, both intended and unintended, of historical shifts in Federal housing policy. Students will examine in detail the ways in which both housing regulation and the tax code affect the structure and documentation of complex transactions, and will analyze the “real world” impact of changing policies and legal requirements on the practice of affordable housing law.
LAW 7521. Branding Law and Practice. 3 Hours.
As preparation for advising clients on brands and brand-related activities, this course looks at a variety of laws (such as trademark, copyright, 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.
LAW 7523. International Business Regulation. 3 Hours.
This course examines international and domestic law regulating multinational enterprises. It is intended for students interested in the work of international lawyers representing corporations and other economic actors, serving in relevant government agencies and international organizations, and engaged in the public interest work of NGOs. The course will cover, among other things, the role of lawyers in the international business environment, legal aspects of multinational enterprises, the international sale of goods, foreign investment issues, select international aspects of mergers and acquisitions, and international joint venturing.
LAW 7525. Law and Economic Development. 3 Hours.
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.
LAW 7526. Juvenile Courts: Delinquency, Abuse, Neglect. 3 Hours.
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.
LAW 7527. Public Health Legal Clinic. 4 Hours.
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.
LAW 7528. Balancing Liberty and Security Seminar. 3 Hours.
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.
LAW 7529. International Tax and Business Planning. 3 Hours.
This course is about the United States’ taxation of international transactions. That includes the taxation of American corporations and individuals on their foreign income and the taxation of foreign individuals and corporations on their United States income. Basic Income Taxation is a prerequisite.
LAW 7530. Education Law. 3 Hours.
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.
LAW 7532. International Criminal Law. 3 Hours.
An overview of substantive and procedural international criminal law and its enforcement mechanisms, this course will cover principles of state liability and individual culpability, international crimes, international criminal procedure, and punishment. It will focus on the sources and principles of international criminal law, how international human rights, humanitarian and criminal law are binding on U.S. and other domestic courts, and the history and operations of international human rights, humanitarian and criminal tribunals. It will also address state liability for failure to investigate, prosecute and punish gross human rights violations and other international crimes, conspiracy and corporate responsibility, and individual culpability and defenses for state actors and private individuals. It will consider international crimes such as War crimes, crimes against peace and humanity, and breaches of the Geneva Convention. It will consider principles of punishment, including the death penalty.
LAW 7535. Legal Interviewing Counselng. 3 Hours.
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.
LAW 7536. Employment Law Safety Health. 3 Hours.
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.
LAW 7538. International Environmental Law. 3 Hours.
This course addresses the evolution of key concepts and principles of international environmental law. It discusses legal responses to transboundary and global environmental problems such as marine and freshwater pollution, habitat destruction, and climate change. It explores the connections between resource exploitation, ecological degradation, poverty, and violations of human rights. It discusses the regulation of international trade to achieve environmental goals. The course includes consideration of framework agreements, binding obligations, financing and compliance mechanisms, and articulation of international principles through domestic law. It gives attention to the expanding roles of local and non-state actors in pursuing solutions to international environmental controversies.
LAW 7539. Employment Law—Job Security and Rights. 3 Hours.
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.
LAW 7540. Employment Law—Compensation, Benefits, and Retirement. 3 Hours.
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. *This course replaces and may not be taken by students who have already taken LAW2465—Employment Law.
LAW 7541. Global AIDS Policy Seminar. 3 Hours.
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, healthcare policy and health worker migration – these and many other topics will be the subject of classroom discussion and student research papers.
LAW 7542. Advanced Legal Skills in Social Context. 6 Hours.
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. May be repeated without limit.
LAW 7546. Law of Financial Institutions. 3 Hours.
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.
LAW 7549. Comparative Law: Law, Markets and Democracy in East Asia. 3 Hours.
Today, we see a variety of market developments and rule of law programs around the world promulgated by such international institutions as the 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 legal systems in East Asian countries, selected for their varying stages of economic development. The course will examine three areas: cultural forces behind legal systems; forces of economic development and political, social and legal institutions established to promote this national goal; and finally, the intended and unintended consequences of these legal institutions.
LAW 7550. Refugee and Asylum Law. 3 Hours.
This course will explore the law of asylum and refugees. The primary focus will be on U.S. law as it has evolved since passage of the Refugee Act of 1980. This will include legislation and case law—both administrative and federal court cases. It will also look at relevant international law and standards utilized in other countries by way of comparison with U.S. Law. We will also examine the process of asylum adjudications to analyze issues of due process, credibility, cross cultural communication and integrity of the various legal procedures. We will explore new and emerging theories of asylum eligibility and policy developments which impact asylum seekers in the United States.
LAW 7554. International Investment Arbitration and Litigation Practice. 3 Hours.
This course will blend the study of Investor-State International Arbitration with mock litigation exercises. The subject of Investor-State disputes and their resolution lies at the cutting edge of international law. Topics that will be covered in this course are (1) the substantive law of investment arbitration; and (2) elements of procedure that characterize investor-state arbitration including tribunal composition, jurisdiction, evidence, and annulment. At the same time, students will put their knowledge into practice by participating in a series of litigation exercises based upon proceedings brought by a foreign investor against a State before the International Centre for the Settlement of Investment Disputes (ICSID). Active participation in oral advocacy exercises is required. The course grade will be a function of those assignments and class participation.
LAW 7555. Communications Law. 3 Hours.
This course surveys legal issues associated with the regulation of the mass media, but with particular emphasis upon the broadcast media. FCC regulatory and licensing issues will be covered extensively. First Amendment issues as related to television and radio are an important part of the course. To the degree that time allows, defamation and privacy issues will also be considered.
LAW 7556. Corporate Finance. 3 Hours.
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.
LAW 7558. Cross-Border Litigation. 3 Hours.
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.
LAW 7559. International Trade. 3 Hours.
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.
LAW 7561. Private Litigation in the Public Interest. 3 Hours.
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.
LAW 7565. Intellectual Property Transactions Practice. 3 Hours.
This course provides students with training for transactions, with focus on the purpose, terms and conditions of transactions related to 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. Initial exercises focus on the purpose, effect and drafting of various types of transactions and clauses. The class then focuses on cases leading to transactions between business and/or NGOs or other public interest parties, for which students are expected to analyze parties’ interests, propose transactional resolutions and draft or revise transaction documents. As a final exercise, students prepare on behalf of one party a version of a transaction document and draft and final versions of an advisory memorandum.
LAW 7566. International Intellectual Property. 3 Hours.
This course introduces relevant legal and trade principles, economic and cultural influences and sources of law. Classes will consider important principles of international law, IP treaties and institutions, including principles of territoriality, national treatment, choice of law and choice of forum, treatment of cultural property, the scope of TRIPs and the roles of WIPO and WTO. The balance is devoted to problems and current controversies that allow students to examine IP laws from a comparative perspective, to consider the impact of economic interests on development of IP laws and treaties, to analyze the influence of IP laws and treaties on foreign and multi-national activities, and to discuss practical approaches for establishing, protecting and using IP assets and engaging in global activities and business transactions.
LAW 7568. Legal Analysis. 1 Hour.
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.
LAW 7569. International and Foreign Legal Research. 2 Hours.
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.
LAW 7572. Transactional Drafting Seminar. 3 Hours.
This seminar will help students improve their writing in the context of transactional legal documents. The seminar will help students: adopt tools to achieve clear and concise writing; understand the purpose of each 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 emphasis on drafting in the context of corporate transactions, including employment issues, shareholders¿ rights, and mergers and acquisitions.
LAW 7573. Civil Procedure. 2-5 Hours.
This course introduces students to the procedural rules that courts in the United States use to handle non-criminal disputes. The purpose of this course is to provide a working knowledge of the Federal Rules of Civil Procedure and typical state rules, along with an introduction to federalism, statutory analysis, advocacy and methods of dispute resolution. The course also examines procedure within its historical context. May be repeated for up to 7 total credits.
LAW 7574. Property. 2-6 Hours.
This course covers personal property, estates in land, landlord-tenant relationships, mortgages, real estate financing and the doctrine of future interests. The course concludes with the study of private restrictions on land use and a detailed examination of zoning law. May be repeated for up to 6 total credits.
LAW 7575. Torts. 2-4 Hours.
This course introduces students to theories of liability and the primary doctrines limiting liability, which are studied both doctrinally and in historical and social context. The course includes a brief consideration of civil remedies for intentional harms, but mainly focuses on the problem of accidental injury to persons and property. It also provides an introductory look at alternative systems for controlling risk and allocating the cost of accidents in advanced industrial societies. May be repeated for up to 6 total credits.
LAW 7576. Criminal Justice. 2-4 Hours.
In this course, students are introduced to the fundamental principles that guide the development, interpretation and analysis of the law of crimes. They are also exposed to the statutory texts—primarily the Model Penal Code, but also state statutes. In addition, students are introduced to the rules and principles used to apportion blame and responsibility in the criminal justice system. Finally, students examine the limits and potential of law as an instrument of social control. May be repeated for up to 6 total credits.
LAW 7577. Constitutional Law. 2-4 Hours.
This course studies the techniques of constitutional interpretation and some of the principal themes of constitutional law: federalism, separation of powers, public vs. private spheres, equality theory and rights analysis. The first part of the course is about the powers of government. The second part is an in-depth analysis of the 14th Amendment. May be repeated for up to 6 total credits.
LAW 7578. Contracts. 2-5 Hours.
This course examines the legal concepts governing consensual and promissory relationships, with emphasis on the historical development and institutional implementation of contract theory, its relationship and continuing adaptation to the needs and practice of commerce, and its serviceability in a variety of non-commercial contexts. Topics covered include contract formation, the doctrine of consideration, remedies for breach of contracts, modification of contract rights resulting from such factors as fraud, mistake and unforeseen circumstances, and the modern adaptation of contract law to consumer problems. This course also introduces students to the analysis of a complex statute: the Uniform Commercial Code. May be repeated for up to 7 total credits.
LAW 7579. Innovation Workshop: New Product Development and Intellectual Property. 3 Hours.
As the importance of intellectual property (IP) grows, managers and lawyers need to understand IP opportunities and risks and to collaborate effectively during new product development (NPD) in order to establish valid IP assets and effective IP strategies. This course for MBA and JD students will address the legal and business challenges of integrating NPD processes with IP asset development and IP risk management, with an emphasis on establishing and exploiting IP assets for competitive advantage and clearing or minimizing the risk of IP infringement. Students will collaborate on proposals for managing the development of a next generation product to assure timely launch and strategic IP positioning, including developing plans for identifying potential IP assets and defining the team, resources, critical stages and decision points.
LAW 7580. Community Economic Development. 3 Hours.
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.
LAW 7581. Rights of Noncitizens. 3 Hours.
This seminar explores the rights of noncitizens in the United States. Areas of focus will include workplace rights, language rights, child custody rights, and state and local anti-immigrant initiatives. 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.
LAW 7582. Elder Law. 3 Hours.
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, healthcare 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.
LAW 7588. Reproductive and Sexual Rights and Health. 3 Hours.
This course will examine how sexual and reproductive health laws impede or increase access to sexual and reproductive healthcare 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, healthcare in prisons, immigrants, HIV/AIDS, and sex education.
LAW 7589. International Health Law: Governance, Development, and Human Rights. 3 Hours.
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.
LAW 7590. Copyright Law. 3 Hours.
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.
LAW 7592. Spanish for Lawyers. 2 Hours.
This course offers the opportunity to enhance oral and written Spanish abilities. The course focuses on communication skills in different legal contexts. The course will stress listening comprehension, speaking skills and verb conjugation practice. The first half will focus on basic conversation: personal introductions, family, and country of origin. The second half will focus on procedural legal vocabulary and how to discuss legal problems with clients. The goals are for students to be able to have conversations with clients, fill out client intake forms in Spanish, give directions to law offices and court buildings in Spanish, and discuss legal and court fees. A focus will be placed on procedural legal vocabulary in Spanish. The instructor may wish to verify basic Spanish proficiency prior to admission.
LAW 7594. Litigation in the Workplace. 2 Hours.
Litigation arising out of the regulation of the workplace constitutes an ever expanding practice area. Litigating workplace claims also involves a unique set of skills and practical and tactical considerations. After studying the fundamental concepts necessary to litigate wage and hour class and collective actions and disability claims, students will apply these concepts using original matters from previously litigated cases. Working in teams, students will prepare memoranda of law in support and opposition to various motions and will argue these motions before state and federal court judges. Drafting and preparation sessions in class will be included to help develop students’ skills and prepare them for arguments.
LAW 7597. Civil Rights and Restorative Justice Clinic. 6 Hours.
The CRRJ (Civil Rights and Restorative Justice) Clinic engages students in legal research, litigation and legislative initiatives relating to anti-civil rights violence in the United States. CRRJ clinic students assist law enforcement agencies considering criminal investigation and pursue civil litigation against government entities. One of CRRJ’s projects, Reconstructing Cases of Racial Violence, involves researching cases where criminal prosecution may not be an option. Students reconstruct legal proceedings and conduct factual investigations. The project focuses on practical legal research skills and helps students integrate the law of torts, civil procedure, federal courts, criminal law, and constitutional law. Faculty will provide individual supervision of each student.
LAW 7599. Pretrial Civil Practice and Advocacy. 2 Hours.
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.
LAW 7600. Current Issues in Health Law and Policy. 3 Hours.
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 healthcare reform, malpractice liability reform, obesity, health disparities, regulation of pharmaceutical promotion, and other issues related to healthcare 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.
LAW 7601. Pathway to Practice. 2 Hours.
Completion of this course is a requirement of the J.D. degree program. Students fulfilling this requirement receive instruction in key aspects of ethical legal practice. Topics discussed will include confidentiality, the attorney-client relationship, conflicts, and responsibilities of being an officer of the court. The challenges of exercising independent judgment and making principled decisions in difficult situations will be addressed. Satisfactory completion of a law school co-op placement pursuant to law school co-op rules is required in order to complete the work for this course. The coursework includes preparatory assignments, other assessments, and a final written report reflecting on the applied learning experience.
LAW 7602. Bioproperty. 3 Hours.
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.
LAW 7603. International Business Transactions. 3 Hours.
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.
LAW 7606. Drug Law and Policy. 3 Hours.
The field of Drug Law is vast, spanning the discovery, manufacture, distribution, and consumption of chemical agents designed to alter the human condition. This course focuses on three domains of the broader subject: the evolution and current state of the Federal Food, Drug, and Cosmetic Act; the architecture of the drug regulation system in the U.S., including the distinct space occupied by the Food and Drug Administration, the Department of Agriculture, and the Drug Enforcement Agency; and the role of regulation and tort litigation in harmonizing drug policy with science. Designed around legal and policy case studies, this course is intended for students expecting to become involved in clinical practice involving pharmaceuticals as well those generally interested in the interplay of law and public health.
LAW 7607. Consumer Law. 3 Hours.
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.
LAW 7608. American Legal Thought: Traditional and Critical. 3 Hours.
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.
LAW 7610. Community Business Law Clinic. 6 Hours.
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.
LAW 7612. Wrongful Convictions and Post-Conviction Remedies. 3 Hours.
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.
LAW 7613. Criminal Defense Advocacy Externship. 6 Hours.
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.
LAW 7614. Law Practice Management: Access to Justice. 3 Hours.
This course 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. Students will investigate and document ways to use improved marketing techniques, 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 conduct independent research to develop a law firm business plan; exploring a practice area of particular interest to them. This course is not solely geared toward the entrepreneurial attorney, but rather will assist anyone in the development of skills to bridge-the-gap between their theoretical education and its practical application to the practice of law.
LAW 7617. Economic Perspectives on Health Policy. 4 Hours.
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.
LAW 7619. Healthcare Fraud and Abuse Law. 3 Hours.
This course provides an overview of the law relating to healthcare fraud. It will provide an overview of the healthcare 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 healthcare 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.
LAW 7620. Human Behavior, Legal Doctrine, and Policy Design. 3 Hours.
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.
LAW 7621. Theory for the Sake of Clients. 2 Hours.
This two-credit seminar will explore the nature of legal approaches to conflict resolution and institutional design from the perspective of how legal training equips lawyers to serve client needs. Students will be introduced to core aspects of legal analysis such as rules vs. standards; law-on-the-books versus law-in-action; text versus subtext; majority rule vs. minority rights; literal vs. purposive interpretation and more. Topics will be reviewed through discussion of how non-laweyrs often view problems differently and thus how lawyers must work hard to explain their work to clients. Ward Farnsworth's book, The Legal Analyst, will serve as a class resource. Evaluation will be based on short reaction papers and a final exam.
LAW 7622. Whistleblower Law. 2 Hours.
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).
LAW 7624. Advanced Legal and Interdisciplinary Research. 2 Hours.
This course teaches students how to research specialized legal topics, highlighting both legal and nonlegal 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 nonlegal 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.
LAW 7627. The Open Classroom: Public Debates on Public Policy. 4 Hours.
LAW 7628. Open Classroom Recitation. 0 Hours.
LAW 7629. Inside Counsel. 2 Hours.
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.
LAW 7630. Global Health. 4 Hours.
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. LAW 7630 and PHTH 5230 are cross-listed.
LAW 7631. Building Power for Contingent Workers: Community Lawyering Strategies. 2 Hours.
Subcontracting, involuntary part-time and temporary work, and global supply chains are pervasive in low-wage industries where wages and working conditions are in a rapid decline. Workers and their advocates have responded with creative strategies and innovative organizing campaigns to improve workplace conditions and hold the beneficiaries of their labor accountable. We will use case studies to analyze the potential and limitations of various social change strategies including collective organizing, direct action, rights-education, litigation, administrative complaints, and legislative advocacy. We will address questions at the intersection of employment, immigration, civil rights, and labor law to evaluate the short and long term promise of various legal theories and strategies and to develop recommendations for individual and organizational clients.
LAW 7632. Strategies for Public Interest Environmental Litigation. 2 Hours.
Environmental laws are passed and regulations are promulgated, but too often, enforcement is lax, illegal exceptions are granted, inconsequential penalties are levied, business - and pollution - continues as usual. Using real examples, we discuss how to evaluate, litigate and prevail in environmental enforcement cases brought in the public interest. The course covers philosophical and policy-related underpinnings of citizen suit enforcement, case development and analysis, attorney-client retainers and economic considerations, ethical considerations, strategic use of experts, citizen standing pointers and pitfalls, deposition and motions practice, agency relations and threat of preclusion, trial, settlement strategies and consent decree drafting, media, and post-trial/settlement monitoring and enforcement. Students will evaluate cases from actual agency and industry documents, draft strategy memos and pleadings, depose witnesses and conduct oral arguments.
LAW 7633. IP CO-LAB Clinic. 6 Hours.
The clinic requires students to devote at least 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, and to participate in organization and operation of a legal services office. Intellectual Property LAW 7369 is a prerequisite. Enrollment is limited to 6; preference given to students with other relevant courses or practical experience.
LAW 7634. Energy Law and Policy. 3 Hours.
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.
LAW 7635. Laboratory Seminar in Applied Design and Legal Empowerment. 2 Hours.
This limited enrollment 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.
LAW 7636. Housing Justice: Introduction to Housing Law and Effective Advocacy for Low-Income Clients. 2 Hours.
This course will provide an introduction to housing law and justice, by examining the issues facing advocates and low-income tenants/homeowners, and by participating in hands-on fieldwork and court observation. The course will cover the following topics: eviction defense in Massachusetts; homelessness; the intersection of domestic violence and housing; fair housing and residential segregation; foreclosure defense law in Massachusetts; community lawyering and organizing for housing justice; gentrification/mass displacement; and the Civil Gideon movement. Students will be required to do the following fieldwork/court observation at least once during the quarter: observe eviction day at the Boston Housing Court (Thursday mornings); assist at the Greater Boston Legal Services eviction defense pro se clinic (Monday mornings); and attend a community organizing meeting at City Life/Vida Urbana (Tuesday evenings).
LAW 7637. Assisted Reproductive Technology and the Law. 3 Hours.
The law around Assisted Reproductive Technology (ART) is often referred as the “wild west” of law. Recent advances in medical science and increased societal acceptance of different family structures challenge many aspects of existing law and provide opportunities for new law and regulation. Legislatures, judges, and practitioners regularly chart new paths in this evolving legal terrain. In this course we will examine the shifting legal and ethical framework surrounding ART which can include issues that touch on many legal disciplines such as Family Law, Property, Contracts, Torts, Constitutional Law, International law, Health Law, Reproductive Rights, and more.
LAW 7638. Trademark Law. 3 Hours.
This course is about the intellectual property right known as a “trademark,” a word or symbol that distinguishes source of goods or services from each other. Trademark law is part of unfair competition law, which protects against a variety of “deceptive” or “inequitable” business practices. The regulation of trademarks is considered a way to maintain a fair and efficient marketplace for businesses and consumers. This course will cover common and statutory law of trademark as well as deepening your legal analysis of intellectual property rights. The course will offer insight into how trademarks live and develop in culture so you can draw both on the black letter law and its nuances as well as on your experience as a consumer in order to advise clients.
LAW 7639. Internet Law. 3 Hours.
This course examines how courts, legislatures, and regulators have confronted the legal issues presented by technology innovation and the commercialization of the Internet. The material in the course ranges from the foundational texts of historical “cyberlaw” of the 1990s to current leading-edge internet law and policy documents around duties of information security and privacy, protection of free speech, and recourse for harms caused(?) by technology. We will discuss the legal implications of social networks, user-generated content, location-based services, cloud computing, and the Internet of Things, and various other topics that are ripped from the headlines. No pre-existing technical knowledge is required.
LAW 7640. Information Security Law. 3 Hours.
This seminar will conduct a bleeding edge discussion of the state of the legal art in information security law – what is known in DC policy circles as “cybersecurity.” While this field of law started in the 2000’s by focusing on data breach notification, today the stakes are much higher. Consumer products that rely on computer code can now kill us, and one appropriately targeted zero day exploit could potentially devastate our economy. We will discuss why data breaches continue to run rampant, what duties of data care and code safety are owed to consumers, and how various government agencies are tackling the consumer protection and national security issues implicated by vulnerable computer code. You will never look at your gadgets the same way again.
LAW 7641. Amicus Curiae Project. 3 Hours.
Today more than ever, amici curiae (“friends of the court”) appear in high-stakes litigation over everything from the right to bear arms to same-sex marriage. An amicus curiae is someone who, though not a party to a lawsuit, adds their voice because they have an interest in the outcome. Amicus briefs can influence judges by providing legal or policy analysis, or factual information, not supplied by the litigants. In this course, students research and draft amicus briefs for the Massachusetts Supreme Judicial Court, with guidance from experienced appellate counsel. Exceptional research and writing skills are required. Useful prerequisites are Legal Writing Workshop, Advanced Legal Research, or Appellate Practice. Students can apply by submitting a resumé and unofficial transcript to the instructor.
LAW 7642. Law Practice Technology and the Legal Profession. 3 Hours.
Expanding use of technology is transforming the nature of the legal profession and how lawyers practice law. Using both conceptual and practical approaches, students will learn about changes in the profession, and about practice technologies, including practice management, document management, e-discovery, information security, electronic communication and social networking, information literacy, and presentation technologies. Ethical considerations related to use of technology and data management will be covered. Examples of subject-specific practice software will be included. The focus will be on practice in a small firm or organization, while understanding “Biglaw” approaches. Students’ own practice and subject interests can partially shape course coverage. There will be a final project and class presentation in place of a final exam.
LAW 7643. Creative and Innovative Economies: IP, Commercial Development, and Sustainable Business Practice. 3 Hours.
This seminar based on IP policy and law reform focuses on the binary of access and ownership in the development of IP-rich communities focused on creative and innovative practices. Students read intensely for 4–5 weeks and write response papers and discuss the material, then pick projects to develop (a particular creative or innovative community to study), while continuing our reading and discussion. The deliverable is a portfolio that includes: (1) interviews with professionals in the field, transcriptions of interviews and executive summaries (simulating client intake and fact gathering); (2) a 10–15 page memo identifying and analyzing particular IP issues the community faces and needs resolved; (3) a presentation that resembles a problem-identifying and problem-solving model of client counseling, with open issues identified for further study.
LAW 7644. Advanced Legal Research—Online Version. 2 Hours.
This two credit course which will be taught online in a long distance format through Blackboard, will focus on advanced legal research methodologies. It will include coverage of secondary sources, statutes, cases and citators, administrative law, electronic databases, practice materials, and strategies for making sure that your research is thorough. The course is designed to prepare law students for research in practice, clerkships, and legal scholarship. Students will be taught how to evaluate legal research sources and use them effectively, expanding skills in primary and secondary U.S. legal sources.
LAW 7645. Remedying Discrimination After Disasters: Advocacy, Communications, Community Lawyer. 2 Hours.
When disaster strikes, it exposes increased vulnerabilities in areas of racial segregation and fence line communities exposed to environmental injustice. Leaders may exploit the situation to push deregulation, privatization, and displacement of vulnerable communities, all of which can thwart a just and equitable recovery. In this course, you will become acquainted with a toolkit of litigation, advocacy communications, and community lawyering skills to secure rights guaranteed under the Fair Housing Act, Environment Justice rules and related civil rights laws. You will explore oversight, accountability, and advocacy techniques and gain a better understanding of providing high impact civil legal aid in the aftermath of disasters. This course will focus on case studies drawn from Hurricanes Katrina and Ike, Superstorm Sandy, and from the BP oil explosion.
LAW 7646. Disability Justice in the Age of Mass Incarceration. 2 Hours.
People with disabilities represent the largest minority population in jails and prisons. Yet, advocates rarely view the crisis of mass incarceration through a disability justice lens or approach deincarceration advocacy with an intersectional framework. This course explores the nexus between race, disability and structural inequality, focusing on people with multiple marginalized identities. Discussion centers on common and overlapping experiences with education and income inequality; police brutality; wrongful arrests and convictions; mass incarceration; and rights violations in carceral settings. Students will be exposed to strategies for advocacy in education, justice, legal and prison settings that foreground long-standing federal disability rights laws. In addition, students will engage in nonlegal experiential learning opportunities within substantive public interest issue areas, including school discipline, deaf wrongful conviction and prisoner rights.
LAW 7647. Trial Practice. 2 Hours.
An introduction to the tactical and strategic problems commonly encountered in the trial of civil and criminal cases is the main objective of this course. 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.
LAW 7648. Access to Justice by Design. 2 Hours.
One of the biggest challenges facing the legal system is how many people are trying to navigate it without a lawyer; particularly for problems like divorce, child custody, personal debt, housing, and small claims. This class proposes that a user-centered design approach, mixed with an agile development approach, can increase the amount of procedural justice for self-represented litigants in the courts. Students will be exposed to how to practice agile user-centered design by creating new interventions for courts to help people without a lawyer to understand their legal options, create a strategy, and pursue a legal process. The class will involve fieldwork at the courts; identifying key fail points and frustrations of stakeholders by observing and conducting interviews, and brainstorming and testing new solutions.
LAW 7649. Law and Social Movements. 3 Hours.
This course will cover the theory, policy, and practice underlying key legalized social movements, focusing on the last three decades. The course will cover some or all of the following movements: environmental justice; LGBT rights; disability rights; death penalty abolition; racial justice; restorative justice; the innocence movement; and “rollback” movements that seek to narrow reproductive rights, voting rights, and LGBT rights.
LAW 7650. Dynamic Lawyering for Systemic Change. 3 Hours.
This innovative project incubator seeks to prepare students for future leadership by fusing theory into practice and practice into teaching. Students will be exposed to innovative client-centered lawyering by helping selected organizations that serve underserved communities to transform challenging problems into concrete, workable legal and advocacy projects suitable for engagement between the organizations and NUSL students. Students will plan and phase short and long-term project proposals, and develop multidisciplinary project strategies for participation with diverse institutional and community stakeholders. Students can also deepen their research, writing, strategic advising and team management skills, and be taught to give and receive constructive peer, expert and client critique. Limited enrollment open to all upper level students; prerequisite for Legal Skills in Social Context program lawyering fellow eligibility.
LAW 7651. Human Rights in the United States. 3 Hours.
This seminar explores the role of international human rights frameworks and strategies in social justice lawyering in the United States. On a range of issues, lawyers are bringing human rights home. They are using human rights mechanisms of the United Nations and Inter-American Human Rights system, drawing on international human rights and comparative foreign law in litigation before U.S. courts, and engaging in other human rights-based advocacy such as documentation, organizing, and human rights education. Advocates find that a human rights approach provides important strategic leverage and highlights the interdependence of economic, social, cultural, civil, and political rights. We will use skills exercises, assignments and real-world problems to develop practical skills to address policies on local, state and national levels, and to support social movements.
LAW 7652. Strategies for Bar Success. 3 Hours.
This course eases students into bar exam preparation by focusing on contextualized substantive review of the most heavily tested topics on the bar. It overlays skill instruction on reading comprehension, issue identification, rule mastery, critical thinking, legal analysis and recognition of distractor skills. Students gain a strong conceptual understanding and in-depth knowledge of highly tested doctrines across two MBE subjects and will be taught how to develop, use and apply a flexible but strong analytical framework to solve bar exam problems. Limited to third-year law students.
LAW 7653. Law and Strategy. 3 Hours.
This course will introduce students to the interplay of law and strategy, with attention to applying legal knowledge and resources to strategic management and strategy implementation. The course will use several examples/cases of business school oriented strategy scholarship and integrate understandings of contract law, administrative law, for profit and nonprofit corporation law, ethics, and the role of lawyers as in-house and outside counsel. We will emphasize the resource based view of the firm in examining and developing approaches to incorporating understanding of law in strategic management. We will work with the concepts of legal astuteness and transformation in the integration of law and strategy.
LAW 7654. Race, Justice, and Reform. 6 Hours.
This seminar will focus on: how the criminal justice system impacts community members; how laws, policies and practices disparately impact communities of color and perpetuate structural economic inequality; and how Massachusetts and other states struggle to reform our criminal justice systems. Class sessions will examine specific topics and discuss class readings on those topics. Each student will choose one topic to investigate and explore. Students will write papers identifying and analyzing the issues germane to their topic. In addition, they will investigate and develop narratives describing the community impact of particular criminal laws and policies. Finally, they will create podcasts and op-eds to educate the public about this particular topic and what reforms are needed to address the problems illuminated by their research and narratives.
LAW 7655. Advancing Economic and Social Equity through Municipal Policy and Law. 2 Hours.
Strong-market cities fuel the American Economy. They are experiencing employment and population growth, private sector investment and new, wealthier demographics attracted to urban living. But the benefits of urban prosperity are not shared equitably across races or incomes. Federal disinvestment and state/federal roadblocks have spurred municipal innovation to address income inequality and to defend or advance inclusion for communities like immigrants and LGBT individuals. This course will examine trends in equitable city policy through case studies on civil rights, wages, worker protections, safety net funding like affordable housing and more. It will also explore legal-policy intersections like home rule, pre-emption, the limits of federal coercion and constitutional considerations. Taught by a municipal elected official, policy discussions will be grounded within real-world civic and political contexts.
LAW 7656. Legal Research and Writing 2. 3 Hours.
Building on the basic skills developed in the required Legal Research and Writing course, this course offers the opportunity to solidify and expand on the skills learned in the foundation course and develop additional advanced research and writing techniques to more fully prepare for current real world work experiences. Requires permission of instructor.
LAW 7657. Immigrant Justice Clinic. 6 Hours.
Law students, under the supervision of clinical faculty and staff, will devote 20 hours per week to providing legal services to non-citizen clients. Students are expected to interview, research, plan, investigate, write, counsel, negotiate, and advocate for their clients. Students will be exposed to cross-cultural legal practice and working with interpreters. The types of cases handled may include applications for Asylum, U-visas, T-visas, and other forms of relief. The skills students are expected to learn in this course are transferable to any civil or criminal practice after law school. Enrollment is limited, and preference will be given to students with relevant course or practical experience and fluency in Spanish. Students must take Immigration Law or Refugee and Asylum Law prior to taking the clinic.
LAW 7658. Legal Blogging: Health Law. 2 Hours.
In this course, students will have an opportunity to develop and expand their existing research and writing skills beyond traditional legal genres. The course emphasizes how to best utilize blogs and other short form mediums to discuss legal issues related to health policy and law, including issues such as health care reform, the opioid crisis, and occupational safety. Assignments include researching and drafting several blog and short form pieces for possible publication on a blog overseen by the Center for Health Policy and Law and possibly additional sites. Weekly class meetings will feature both substantive discussions as well as writing workshops with the instructors and classmates. Strong foundational writing skills are necessary. Prior health-related coursework or work experience is recommended.
LAW 7927. Applied Learning Experience for JD/MPH. 3 Hours.
Work completed for this individualized instruction 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 are required.
LAW 7929. Moot Courts and Legal Competitions. 1-4 Hours.
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. May be repeated up to five times for up to 6 total credits.
LAW 7930. Law Review, Legal Writing, and Scholarly Publication. 1-3 Hours.
This individualized instruction program allows students to participate in a variety of professional writing, scholarship, and publication experiences: law review, legal journals, online publications, and legal symposia and debates. Under the supervision of a faculty member, participants devote substantial time and effort to researching, writing, editing, and producing theoretical and applied legal scholarship and publications. In recognition of the effort required to participate, participants are awarded up to three (3) credits for the experience, provided they satisfactorily (i) complete required written submissions and other writing assignments, (ii) fulfill their assigned editing, publication, scholarly, and other responsibilities, and (iii) attend and participate in required events. May be repeated up to five times for up to 6 total credits.
LAW 7931. LSSC Lawyering Fellow. 3 Hours.
Lawyering Fellows in the Legal Skills in Social Context (LSSC) program assist LSSC faculty in all aspects of the first-year LSSC course. Working closely with a supervising faculty member, Lawyering Fellows provide critique and feedback on first-year students’ written and oral work, create legal research plans, identify areas for field research, liaise with representatives from the partner organizations, and help to foster strong team dynamics and development. Lawyering Fellows may also provide instruction on research skills and citation. Lawyering Fellows receive three credits for their work in the LSSC program.
LAW 7944. Co-op Work Experience—Part Time. 0 Hours.
Provides eligible students with an opportunity for part-time work experience.
LAW 7962. Elective. 1-4 Hours.
Offers elective credit for courses taken at other academic institutions. May be repeated without limit.
LAW 7964. Co-op Work Experience. 0 Hours.
Provides eligible students with an opportunity for work experience. May be repeated without limit.
LAW 7978. Independent Study. 1-5 Hours.
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. May be repeated for up to 6 total credits.