Complete List of J.D. Courses

LAW 534 v01 Access to Health Care and Coverage: Law and Policy

J.D. Course (cross-listed) | 3 credit hours

The law governing access to health care has been in flux and in legal dispute in recent years. This course will examine America's programs for health care access and finance, including employment-based private insurance, Medicare, Medicaid, CHIP, and VA. The course will also examine the enactment, implementation, and litigation of the Affordable Care Act. In addition to these payment systems, the course will also at laws affecting non-comprehensive systems such as emergency rooms, public hospitals, and community health centers. No previous knowledge of health law is required.

Note: The course will not focus on biomedical ethics, medical malpractice, or pharmaceutical regulation.
This is a required course for the U.S. Health Law Certificate.

LAW 300 v08 Accounting for Lawyers

J.D. Course | 2 credit hours

This course introduces students to the basic elements of financial statements and how the financial statements can provide information on the operations, prospects, and financial condition of a business or entity. We will discuss the accounting principles or concepts used in preparing financial statements; how to account for certain specific items such as receivables, inventories, fixed assets, intangible assets, liabilities and contingencies, and revenue and expenses; and how the basic transactions of a business flow through the financial statements. We will also discuss the role and responsibilities of independent auditors, senior company executives, and the audit committee of the board of directors in the preparation of the financial statements. Finally, we will study the financial statements of various companies to see what these financial statements reveal about the companies, and we will study some examples of accounting fraud and discuss how perpetrators of the fraud violated applicable accounting principles.

This course is designed for students with no prior accounting background or experience. Students who have completed one or more university level accounting courses or have practical training in accounting should not enroll in this course unless they obtain instructor permission.

Mutually Excluded Courses: Students may not receive credit for both this course and the graduate courses, Basic Accounting Concepts for Lawyers, Basic Accounting for Lawyers, or Financial Reporting and Accounting. Students MAY receive credit for this course and Business Basics for Lawyers, Demystifying Finance, or Business and Financial Basics for Lawyers.

LAW 025 v00 Administrative Law

J.D. Course (cross-listed) | 3 credit hours

This course considers the constitutional, statutory, and other legal limitations on what government agencies can do and how they can do it. What constraints govern the power of agencies to make law, decide cases involving private parties, and investigate citizens? How much "due process" must government agencies give citizens whose lives they affect; what limits has Congress imposed on the procedures for agency decision making; and to what extent can people call on courts to check what they regard as abuses of governmental power? These are among the questions addressed in the course, which draws together problems ranging from the legitimacy of New Deal institutions to the dramatic procedural innovations of recent federal administrations and problems created by renewed Congressional interest in the details of agency decision making.

Recommended: For Professor Nager's section: Prior or concurrent enrollment in Constitutional Law I: The Federal System.

Mutually Excluded Courses: Students may not receive credit for both this course and the first-year elective by the same name or the first-year course, Government Processes.

LAW 025 v06 Administrative Law

J.D. Course | 3 credit hours

There is no more fundamental course in law school than administrative law. This course introduces you to the modern administrative and regulatory state. You will come to understand both the tremendous power exercised by administrative agencies and the significant constraints (legal and political) under which they operate. You will learn to identify the design features that might make an agency constitutionally problematic, the factors that make one type of decision-making framework more appropriate than another, the prerogatives and limits of agencies in interpreting the statutes they are charged with administering, and agencies’ prerogatives and limits in adjudicating facts and exercising policymaking discretion. You will also learn to identify the factors that affect the availability and timing of judicial review of agency action.

Mutually Excluded Courses: Students may not receive credit for this course and the upperclass course with the same title.

Note: This course is a first-year elective. First-year day students select an elective offered in the spring.

LAW 1349 v00 Administrative Law

J.D. Course (cross-listed) | 3 credit hours

There is no more fundamental course in law school than administrative law. This course introduces you to the modern administrative and regulatory state. You will come to understand both the tremendous power exercised by administrative agencies and the significant constraints (legal and political) under which they operate. You will learn to identify the design features that might make an agency constitutionally problematic, the factors that make one type of decision-making framework more appropriate than another, the prerogatives and limits of agencies in interpreting the statutes they are charged with administering, and agencies’ prerogatives and limits in adjudicating facts and exercising policymaking discretion. You will also learn to identify the factors that affect the availability and timing of judicial review of agency action.

Mutually Excluded Courses: Students may not receive credit for both this course and the first-year elective by the same name or the first year electives, The Regulatory State or Legislation and Regulation, or Government Processes, or Legislation and Regulations: Law, Science, and Policy.

LAW 1611 v00 Administrative Law and Public Administration Seminar

J.D. Seminar | 3 credit hours

Administrative law scholars have observed an increasing disconnect between the legal framework and doctrine governing agencies, on the one hand, and the way that the administrative state actually operates, on the other.  For example, administrative law tends to concern itself with external sources of control over agencies, while in fact most of the work of the administrative state takes place in day-to-day internal operations.  In this seminar, we use administrative law as a jumping off point to study a complementary set of frameworks and practices that govern and explain the operation of the administrative state: those drawn from public administration and political science.  Lawyers who understand these complementary tools will be better prepared to advise clients on their interactions with institutions in the administrative state; to work within the institutions of the administrative state themselves; and to design and reform those institutions in the first instance. 

This course is also a writing-intensive class that satisfies the Upperclass Legal Writing Requirement.  To that end, each of you will devote a considerable amount of time this semester to developing a paper proposal about a conflict, crisis, or controversy within the operations of a government institution; researching your idea in depth; and both drafting and revising a substantial paper of at least six thousand words (exclusive of footnotes) that meets the different elements of the Writing Requirement.  The last month of the semester will be devoted to workshopping these papers—that is, giving feedback to and receiving feedback from your colleagues. 

Finally, as with every class in law school, this class provides an opportunity to deepen your professionalism.  In your interactions with your colleagues and me in class, your communication with me in my office and in writing, and your work with other staff members in the Law Center to whom you might turn for research or writing assistance, each of you will have many chances to practice the collaborative, respectful, and diligent conduct that is the hallmark of the best of the legal profession. 

Learning goals:

By the end of the course, students will be able to describe and discuss the core insights of the classic texts we will read; to assess the merits of these insights; and to apply these insights to everyday situations relevant to the institutions of government in D.C. and beyond.  Students will also have written a paper of publishable quality analyzing and assessing a conflict, crisis, or controversy within the operations of a government institution using the lens of the tools we have studied. 

Prerequisite: Students must take one of the following courses: Lawmaking: Introduction to Statutory and Regulatory Interpretation or Legislation and Regulation or The Regulatory State or Administrative Law or Government Processes. 

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Please email Professor Eloise Pasachoff (eloise.pasachoff@law.georgetown.edu) by 5:00 pm on Monday, June 4, 2018 a statement of interest that includes a statement about what recommended class, if any, you have taken.

LAW 448 v00 Advanced Antitrust Economics and Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar examines recent developments in the economic approach to antitrust law and practice. Topics include issues at the frontier in various areas, including some or all of the following: decision-theoretic approach to antitrust, partial ownership acquisitions, advanced merger analysis and policy, buyer power, conditional pricing practices, intellectual property/antitrust interface, pay-for-delay agreements, standard setting, abuse of dominance, and behavioral economics. Students must complete a 2 or 3 credit paper and weekly assignments on the topic for the week. Some time is spent throughout the term on the student papers. This is an excellent course for students preparing for a career on antitrust. There will be written assignments that must be submitted for each class. Attendance is also required.

Prerequisite: Antitrust Law (or the equivalent Antitrust Economics and Law).

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1248 v00 Advanced Antitrust Seminar: A Comparative Look at EU and US Competition Law

J.D. Seminar (cross-listed) | 2 credit hours

Current antitrust practice, in government, corporations and firms, frequently involves the young lawyer in matters with implications in a European Union Member State as well as the US. Clients routinely request preliminary identification of potential foreign risks from their US antitrust counsel. Much of EU competition law has been adapted from and developed in harmony with US antitrust law. Over a substantial range of applications (mergers, distribution systems, competitor coordination, monopoly), however, EU law diverges markedly from US rules, standards and consequences. This divergence stems largely from enduring differences between fundamental policy objectives underlying the two systems of competition regulation.

The goal of this course is to provide students who have completed the first antitrust course and who may be interested in careers in antitrust with an overview and awareness of the most significant current differences in approach and analysis between EU and US enforcement. Although not a comprehensive study of EU competition law, the course should enable students to spot treacherous areas of difference, advise clients of potential risks, and collaborate effectively with foreign team members on multijurisdictional matters. The course will introduce students to contemporary issues that would be rewarding subjects for further study and for seminar papers.

The course provides an overview of the major topics addressed by EU competition law, explaining the fundamental principles underlying the origin and development of the EU policy and highlighting substantive and procedural departures from US law. The course will provide an introduction to the elements of the principal EU prohibitions. The course will illustrate the fundamental differences between the EU and US laws through in-depth comparisons of selective EU and US court opinions involving applications to similar conduct. The course reading will consist primarily of relevant excerpts of EU Treaty provisions; European Commission decisions, regulations and guidelines; and European Court of Justice decisions. I propose using a comprehensive textbook which conveniently contains these excerpts. (Jones & Sufrin, EU Competition Law (4th ed., Oxford)). Students will find the text of the book informative and will find references and citations to the primary materials available on official websites and in official hard-copy publications. Comprehensive lecture notes for each major topic will be distributed to aid class discussion and paper research.

Prerequisite: Antitrust Law (or Antitrust Economics and Law).

LAW 1474 v00 Advanced Civil Rights: The Civil Rights Act of 1964, The Frontiers of Civil Rights Enforcement and the Next Fifty Years

J.D. Seminar (cross-listed) | 2 credit hours

The Civil Rights Act of 1964, growing out of a sweeping grassroots civil roots movement was one of most important pieces of legislation passed in American history. At the time of passage, it was called a "Magna Carta of Human Rights" and during its first fifty years it produced enormous changes in legal doctrine, the workplace, and society. These changes in the legal landscape include disparate impact doctrine aimed at systemic racial discrimination, hostile work environment, religious accommodation, and gender stereotyping. This seminar will examine, from a practitioner's perspective, how social change, evolving ideas of race and gender, globalization, global conflict, and technology will shape the development of this Act (and notions of equality) over the next fifty-years and the legal strategies to navigate this terrain. The course will focus on emerging issues such as coverage of sexual orientation and gender identity, big data and disparate impact, the intersection between criminal justice and employment opportunity, arbitration and privatization of adjudication, the "new" gig economy, migration and human trafficking, and religious pluralism.

Strongly Recommended: Constitutional Law I and Employment Discrimination.

LAW 046 v01 Advanced Constitutional Law Seminar

J.D. Seminar | 2 credit hours

The Advanced Constitutional Law Seminar explores current topics in constitutional law, politics, and theory. Topics vary, but they may include theories of constitutional interpretation (e.g., originalism, living constitutionalism), recent or upcoming decisions of the United States Supreme Court, new developments in constitutional doctrine, comparative constitutional law, and social scientific approaches to the study of the Constitution. The seminar meets in conjunction with the Georgetown Constitutional Law Colloquium. During the course of the semester, approximately six speakers will present new and original work to the Seminar. In the week prior to each presentation, seminar members and the instructor will discuss the background ideas and concepts, and formulate questions and comments about the paper. Each student will prepare a weekly reaction paper and one or more questions for the speaker.

Recommended: Constitutional Law II: Individual Rights and Liberties.

Note: This course will meet in the Faculty Lounge on the 5th floor of McDonough Hall.

LAW 1387 v00 Advanced Constitutional Law Seminar: The Constitution, Democracy, and the Economy in the 21st Century

J.D. Seminar (cross-listed) | 2 credit hours

This two-credit seminar will explore the many constitutional questions raised by the effort to maintain a democracy in the 21st century. We will examine in detail current questions in the law of democracy (particularly free speech and the regulation of campaign finance) as well as the growing conflict between the Constitution and the regulation of economic life.

We will explore what is distinctive about the intersection of contemporary constitutional law, the economy, and efforts to maintain democracy today, including by contrast to the history of the protection of economic liberties. The course materials will focus throughout on notions of freedom, individual and collective choice, and democratic practice.

The readings will include the principal Supreme Court cases, such as Buckley v. Valeo, Citizens United v. FEC, McCutcheon v. FEC, Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, and Sorrell v. IMS Health, as well as leading scholarship in the field, including:

  • Robert Post, Citizens Divided
  • Larry Lessig, Republic 2.0
  • Jane Mayer, Dark Money
  • Jacob Hacker and Paul Pierson, Winner-Take-All Politics
  • David Singh Grewal, The Laws of Capitalism
  • Bruce Ackerman, Beyond Carolene Products
  • Suzanna Sherry, Property is the New Privacy: The Coming Constitutional Revolution

Prerequisite: Constitutional Law II: Individual Rights and Liberties.

LAW 1265 v00 Advanced Constitutional Law Seminar: The Framing and Ratification of the Constitution

J.D. Seminar | 3 credit hours

Few events have had as much impact on the history of American law as the framing and ratification of the U.S. Constitution. This seminar is designed to offer upper-level students with serious interests in American history, political theory, and constitutional law an opportunity to learn more about these events by becoming intimately acquainted with some of the best and most sophisticated historical scholarship on the origins of the Constitution and by writing an original research paper on a relevant topic of their own choosing. Themes and topics covered in the course will likely include most or all of the following: the Declaration of Independence, the Revolutionary War, the Continental Congress, the Articles of Confederation, the History of American Public Finance, the Bank of North America, the Origins of American Federalism, the Problems of Union and Sovereignty, Implied Powers, Natural Rights, Slavery, Indian Affairs, Western Lands and Interstate Jurisdictional Disputes, the Annapolis Convention, the Virginia Plan, Madison’s Notes, Farrand’s Records, the Committee of Detail, the Committee of Style, the State Ratification Conventions, the Anti-Federalists, the Federalist Papers, the “Other” Federalists, and the Bill of Rights. Some attention will also be given to originalism as a method of constitutional adjudication, but the primary focus of the seminar will be on constitutional history rather than constitutional originalism. Guest lecturers with special knowledge of the foregoing topics will be invited to share their recent scholarship and critical perspectives on the history and historiography of American constitutional law.

Prerequisite: Constitutional Law I: The Federal System (or Democracy and Coercion).

LAW 1387 v01 Advanced Constitutional Law: The Constitution, Democracy, and the Economy

J.D. Seminar (cross-listed) | 2 credit hours

This course will explore the relationship between constitutional rights, the economy, and efforts to maintain a democracy today.

We will examine the emergence and transformation of the notion of “civil liberties” as a concept in American legal culture, including by reference to the history of the protection of economic liberties. We will explore in detail some of the most prominent current controversies in constitutional law, including questions in the law of democracy (particularly free speech and the regulation of campaign finance) and the growing conflict between the Constitution and the regulation of economic life.

The readings will include principal Supreme Court cases and leading scholarship in the field. The materials will focus throughout on notions of freedom and liberty, individual and collective choice, and democratic practice. The course will additionally include discussion of constitutional and appellate advocacy and the relationship between the academic works we read and current and seminal cases. Leading practitioners and scholars may join us for certain classes.

Prerequisite: Constitutional Law II: Individual Rights and Liberties.

LAW 1332 v00 Advanced Contracts Seminar

J.D. Seminar | 3 credit hours

The focus of this seminar will be on the design—or architecture—of business transactions. Students will be exposed to the literature on the economics of contracting, and how this plays out in different industries and business settings, including sports and entertainment, intellectual property development, executive compensation and the like. Students will pick a particular setting to explore as part of their writing projects and make presentations to the class on their discoveries.

Prerequisite: Contracts (or Bargain, Exchange and Liability).

LAW 027 v01 Advanced Corporate Law Seminar

J.D. Seminar | 3 credit hours

An in-depth examination of insider trading, fiduciary duties, tender offers and other issues of current importance. Students will co-teach two classes with the professor during the semester and will meet with the professor to prepare those classes. They will also participate in helping assemble the materials for one of those classes. The course will be taught in a seminar format and will be in much greater depth and infinitely more fun than the basic Corporations course.

Prerequisite: Corporations. This prerequisite will not be waived.

Note: Only students who have attended either the first or second meeting of Professor Bauman's course will be allowed to enroll. In other words, no one may attend class for the first time as of the third meeting of the class or later. The first class meeting is Tuesday, September 1, 2015.

LAW 032 v02 Advanced Criminal Procedure

J.D. Course | 2 credit hours

The stages of the criminal process beginning with the filing of charges through the sentencing stage are analyzed. Legal issues arising at each stage will be examined. How the participants’ legal and administrative obligations influence decision-making during those stages is explored. The prosecutor’s paramount role is to advocate aggressively on behalf of the government while being mindful of its administrative responsibility to process cases expeditiously. Protecting the rights of the accused is a defense attorney’s foremost obligation but not without a regard for the attorney’s duties as an officer of the court.  Arbitrating matters is a core judicial activity in the criminal process; but it is affected by the court's desire to move cases to conclusion. Burdens of proof to resolve procedural issues are studied in the context of how the allocations of burdens of proof are crafted to balance the rights of the parties within the system to achieve a just result.

Prosecutorial discretion in the charging function, the constitutional basis therefore and limitation thereon are explored. Preliminary procedural steps as well as grand jury process, joinder and severance of defendants and charges, the right to a speedy trial, discovery, trial issues arising in complex multi-defendant trials, the evolving federal constitution law on the right to confrontation, the presentation of evidence, jury instructions and sentencing issues are all studied.

Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Recommended: Evidence.

Mutually Excluded Courses: Students may not receive credit for both this course and Advanced Criminal Procedure and Litigation or Serial and Adnan Syed: Special Topics in Criminal Procedure.

LAW 032 v06 Advanced Criminal Procedure

J.D. Course | 2 credit hours

This course examines the process of criminal litigation beginning with the filing of charges and continuing through the trial. Topics covered include the exercise of prosecutorial discretion in the charging function, the preliminary examination and grand jury, bail, joinder and severance of defendants and charges, the right to a speedy trial, discovery, trial issues, the right to confrontation, the presentation of evidence, and jury instructions.

Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Recommended: Evidence.

Mutually Excluded Courses: Students may not receive credit for both this course and Advanced Criminal Procedure and Litigation or Serial and Adnan Syed: Special Topics in Criminal Procedure.

LAW 032 v03 Advanced Criminal Procedure and Litigation

J.D. Course | 2 credit hours

This course addresses the law, strategy, and ethical considerations of criminal procedure and litigation beginning with the decision to commence an investigation and/or charge through sentencing. Topics to be explored will include the prosecutorial decision to charge, representation (e.g., conflicts) of and compensation (e.g., forfeiture) by client issues, grand jury practice, immunity and plea negotiating, discovery, motions practice, prosecutorial and defense misconduct, selected trial issues, and sentencing. Materials for this course will include court opinions, pleadings from actual cases, Department of Justice manuals and policies, and news and law articles. The course may be organized around an actual case from its investigation inception, through pre-trial motions and discovery, to trial and verdict.

Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Mutually Excluded Courses: Students may not receive credit for both this course and Advanced Criminal Procedure or Serial and Adnan Syed: Special Topics in Criminal Procedure.

LAW 029 v00 Advanced Environmental Law: Climate Change (Project-Based Practicum)

J.D. Practicum | 4 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professors. This project-based practicum course will focus on the evolving legal and policy developments concerning global climate change, and provide students the opportunity to engage in hands-on work with policymakers in addressing the issue. Students will participate in a two hour/week seminar and carry out ten hours/week of project work including regularly scheduled meetings with professors and Georgetown Climate Center attorney advisors.

SEMINAR: This seminar covers the current understanding of climate change science and impacts, international and domestic policy approaches, technological and adaptation responses, and legal and regulatory cases and developments. Class participation and attendance will be graded.

PROJECT WORK: Students will prepare papers and make presentations in class and to outside “clients” on topics being analyzed for state and local governments through the work of the Georgetown Climate Center of Georgetown Law. Students work with professors and advisors to develop professional-quality work products that can be shared with outside "clients."The Center works with states and communities on crafting policy strategies to reduce emissions that contribute to climate change and to adapt to the consequences of climate change.

Prerequisite: Environmental Law. J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Mutually Excluded Courses: Students may not take another practicum course or a clinic at the same time as a project-based practicum course. Students may enroll in an externship at the same time as a project-based practicum course.

Note: This course may be suitable for evening students who can regularly attend class and participate in calls or meetings during the day as students interact with professors, advisors, and/or clients.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits for approximately ten hours of project work per week, for a minimum of 11 weeks. Both the seminar portion and the project work will be graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Regular and punctual attendance is required at all practicum seminars and students are required to devote the requisite number of hours to their project. If a student must miss seminar, project work, a meeting or a deliverable, he or she must speak to the professor as soon as possible (ideally beforehand) to discuss the absence or missed assignment. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 168 v00 Advanced Evidence: Supreme Court and the Constitution Seminar

J.D. Seminar | 3 credit hours

This seminar examines advanced subjects in evidence that were not treated or not treated in depth in the basic Evidence course but are important to trial practice.

Prerequisite: Evidence.

LAW 1089 v00 Advanced Evidence: Trial Skills

J.D. Skills | 2 credit hours

This course will bridge the gap between the academic subject of evidence and the practitioner’s course of trial practice by teaching students how to use evidence as a functional tool in the courtroom. While there will be brief overviews of the law, the vast majority of this course is dedicated to teaching students through realistic examples how particular rules are used during trial and when and how to make objections.

Instead of attempting to organize the course using the numerical structure of the rules of evidence, the course is structured and allocates time according to the importance of topics. For example, the evidentiary doctrine of judicial notice will be addressed, but nowhere in depth as doctrines that are used in most trials, such as party admissions or business records.

Through practical exercises, based on real cases where an evidence ruling was the central issue, students will prepare arguments and defend their arguments. Not the cursory: “objection, your honor, hearsay,” but rather a thoughtful researched argument (as is done in real trial work.) These practical exercises will make up the majority of the course work.

In addition, where applicable, doctrines are broken down into lists of elements where students can learn how to lay the foundation for introducing evidence into a trial as exhibits. Once the item or document is introduced, students will learn how to effectively use the exhibits in the presentation of their case. Students will also learn, and practice how to write, argue, and defend motions in limine, an extremely important skill that most students never learn about until they are handed their first real case after graduation.

Prerequisite: Evidence.

Mutually Excluded Courses: Students may not receive credit for both this class and Trial Practice and Applied Evidence. Students may take this course and Trial Practice.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 2073 v00 Advanced International Commercial Arbitration

LL.M Course (cross-listed) | 3 credit hours

This course will provide an indepth study of specific topics in international commercial arbitration from both a theoretical and practical perspective. Topics to be considered will include:

  1. the arbitration agreement - the separability doctrine, choice of law, parties to the agreement (including non-signatory issues), competence-competence, enforcement of the agreement and other types of national court intervention;
  2. complex arbitrations - multiparty and multicontract issues, joinder of parties, consolidation of cases, parallel proceedings;
  3. the arbitral tribunal - selection of arbitrators, duties of arbitrators, independence and impartiality issues, challenges of arbitrators;
  4. the arbitral proceedings - bifurcation, interim measures, evidentiary rules, the conduct of hearings; and
  5. the arbitral award - drafting of awards, enforcement and setting aside of awards, the 1958 New York Convention on the Recognition and Enforcement of Awards.

The course will refer to arbitration rules, case law, statutes and international conventions.

Prerequisite: International Commercial Arbitration, Introduction to International Commercial Arbitration, or permission of the instructor.

Mutually Excluded Courses: This course is mutually exclusive with the other spring course by this same name (LAWG/J 888).

Note: Please note, the date for the final class session will be announced at the start of the semester.

LAW 888 v00 Advanced International Commercial Arbitration: Practice Seminar

LL.M Seminar (cross-listed) | 3 credit hours

The seminar will be a combination of the theoretical and practical aspects of international commercial arbitration, with an emphasis on the practical. Its centerpiece will be the handling of a mock international arbitration case from the drafting of the arbitration agreement to the drafting of a final award, with units in between on the appointment and challenge of arbitrators, discovery of documents, and a live arbitration hearing. Teams of students will participate (as counsel to the parties) in the negotiation of arbitration agreements, in the drafting of motions and replies, in oral argument on such issues as the disqualification of arbitrators and the production of documents in discovery, in the hearing in a case, and in brief writing. Playing the role of arbitrators, students will also write final arbitral awards.


To the extent time permits, the course will also consider a handful of the many difficult and, to a large extent, still unanswered questions of national and international law that are emerging as the practice of international arbitration expands, including choice of law issues and, particularly in the United States, issues of the relation between federal and state laws.

The course will be limited to 12 students. It will meet once a week for two hours. There will be no final exam.

Prerequisite: A general course in international commercial arbitration. Students not having this precise prerequisite but having had a course in arbitration generally or substantial law practice experience in arbitration may apply for admission to the course by emailing Professor Joelson at joelsonmr@msn.com.

Mutually Excluded Courses: This course is mutually exclusive with the other spring course by this same name (LAWG 2073).

Note: This course does not meet the J.D. writing requirement (WR).

LAW 710 v00 Advanced International Taxation

LL.M Course | 2 credit hours

This course is designed for those students that wish to gain a deeper understanding of the effect of certain U.S. rules governing the taxation of U.S. persons doing business overseas and foreign persons doing business in the United States. The course will cover a broad range of topics with particular emphasis on the tax consequences of cross-border reorganizations, liquidations and taxable acquisitions and dispositions. The course will cover the tax consequences of outbound transfers of assets, foreign-to-foreign transfers of assets, and inbound transfers of assets. Students will be expected to have a working knowledge of corporate taxation, and transactional aspects of subpart F and the foreign tax credit rules.

Prerequisite: Corporate Income Tax Law I (or Corporate Taxation (formerly Taxation II)); U.S. Taxation of International Transactions (or U.S. International Outbound Tax (formerly: U.S. Taxation of Domestic Persons With Activities Outside of the U.S));

Recommended: Prior or concurrent enrollment in Corporate Income Tax Law II (or completion of Corporate Taxation (formerly Taxation II)).

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35366. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 483 v01 Advanced Issues in International Human Rights Seminar

LL.M Seminar (cross-listed) | 2 credit hours

This course will examine specific issues in international human rights law drawn from the current decisions of international human rights supervisory bodies. The course will be divided into two halves. The first half of the course will consist of lectures and discussions on seven specific issues as illustrated by cases decided by international jurisdictional bodies. For example, we will examine the decisions of the International Court of Justice (Breard, LaGrand) and the Advisory Opinion of the Inter-American Court of Human Rights (OC-16) on an alien’s right to consular assistance, in the context of the creation of international human rights norms and the problems arising from a multiplicity of international jurisdictions. We will examine the two decisions (Section and Grand Chamber) of the European Court of Human Rights on the Refah Partisi case as regards the compatibility of Islam and democracy in the context of the universality of human rights debate. We will examine decisions of the European Commission and Court of Human Rights and the Inter-American Commission in an attempt to trace the changing definition of “torture” in the context of the Guantanamo detainees case. The second half of the course will be dedicated to the oral presentation of research papers and discussion of these paper topics.

Prerequisite: International Law I (or an equivalent course in Public International Law).

Recommended: A survey class in Human Rights Law.

LAW 055 v03 Advanced Legal Ethics Seminar

J.D. Seminar | 3 credit hours

This seminar treats in depth some of the significant ethical concerns in the practice of law in the private sector and public service. Some of the issues include the regulation of the legal profession, conflicts of interest, the duty of confidentiality, advertising and client solicitation, delivery of legal services to those in need, and related questions. Students write a paper meeting the Upperclass Legal Writing Requirement on a topic related to contemporary ethical and moral problems of the legal profession.

Prerequisite: Any offering in the "Professional Responsibility" series.

LAW 301 v03 Advanced Legal Research

J.D. Course | 2 credit hours

In this advanced course, students will learn the concepts and skills needed to research complex legal problems. This course will cover a wide range of legal research topics, including statutes, legislative history, court and government documents, administrative materials, practitioner tools, secondary sources, and specialized legal research. Students will also gain hands-on experience developing, implementing, and documenting appropriate research strategies, conducting research in an efficient manner, and citing resources appropriately for a professional-level work product.

Grading will be based on class attendance and participation, a series of research assignments, and a take home exam.

Learning Objectives:

As a result of this class, students will be able to:

  1. Classify different primary and secondary legal resources, regardless of format.
  2. Analyze a legal research problem and then design, execute, and document an efficient research plan.
  3. Generate citations appropriate for a professional-level work product.

Prerequisite: Legal Practice: Writing and Analysis.

Mutually Excluded Courses: Students may not receive credit for both this course and Legal Research Skills for Practice.

LAW 036 v00 Advanced Legal Writing and Practice for Judicial Clerks and Civil Litigators

J.D. Seminar | 2 credit hours

This seminar will provide students with a platform to build upon the principles learned in first year Legal Research and Writing and to develop real-world legal practice skills. The course is designed to provide the most benefit to students who are pursuing judicial clerkships and litigation positions for post-graduate employment. The course will simulate the litigation process, with students playing the roles of both advocates and decision-makers throughout the semester. Students should expect to research and write several documents common in civil litigation, including correspondence, legal research memoranda, motions and responses, and judicial decisions. At least one assignment will be a collaborative writing assignment, and the remainder will be individual assignments.

The instructor will provide individualized comments and grades on each major assignment. The seminar will teach cost-effective research, writing, and revising techniques. Students will also develop their practical research and writing skills, learn to view cases from multiple perspectives, and learn strategies for addressing and managing the challenges of legal practice.

Prerequisite: Legal Practice: Writing and Analysis.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the Advanced Legal Writing Seminar or Advanced Legal Writing: Legal Writing as a Discipline or Writing for Law Practice.

LAW 036 v02 Advanced Legal Writing and Practice for Judicial Clerks and Civil Litigators

J.D. Seminar | 2 credit hours

This two-credit seminar is designed to help students develop the legal practice skills necessary to succeed as civil litigators and judicial law clerks. Students will have an opportunity to build upon the written and oral advocacy skills learned in first-year Legal Practice: Writing and Analysis by using those skills in a practical setting that simulates the litigation process. Throughout the course of the semester, each student will play the role of advocate, law clerk, and judicial decision-maker. Students should expect to research and write a dispositive motion to dismiss, a bench memorandum, and a judicial decision and to deliver a brief oral argument. Students will also learn to edit their own written work and the work of their colleagues—a critical skill for any effective law clerk or litigator.

The instructor will provide individualized comments and grades on each major assignment. The seminar will teach cost-effective research, writing, and revising techniques. Students will also develop their practical research and writing skills, learn to view cases from multiple perspectives, and learn strategies for addressing and managing the challenges of legal practice. Class participation will count toward the final grade.

Prerequisite: Legal Practice: Writing and Analysis.

Recommended: Federal Courts and the Federal System.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the Advanced Legal Writing Seminar or Advanced Legal Writing: Legal Writing as a Discipline or Writing for Law Practice.

Note: In Fall 2016, this seminar will meet on Mondays, 5:45 p.m. - 7:45 p.m. The seminar will not meet on Monday, 10/3, or Tuesday, 10/11. These two class sessions will be rescheduled for Friday, 10/14, and Friday, 12/2, 5:45 p.m. - 7:45 p.m.

Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 036 v06 Advanced Legal Writing and Practice for Judicial Clerks and Civil Litigators

J.D. Seminar | 2 credit hours

This two-credit seminar is designed to help students develop the legal practice skills necessary to succeed as judicial law clerks and civil litigators. Students will have an opportunity to build upon the written and oral advocacy skills learned in first-year Legal Research and Writing by using those skills in a practical setting that simulates the litigation process. Throughout the semester, each student will play the role of advocate, law clerk, and judicial decision-maker and should expect to research and write a motion to dismiss or opposition, a bench memorandum, and a judicial decision (all about a single fact pattern). Students will also learn to edit their own written work and the work of their colleagues—a critical, and often underdeveloped, skill for any young lawyer. By the end of the semester, students will have written approximately 50 pages of legal writing and produced three substantial writing samples that can be used to apply for judicial clerkships and/or positions as litigation associates. Class format will vary week-to-week. Some classes will be seminar-style discussions, others will simulate courtroom experiences, and others will feature guest speakers. One class session will be dedicated to the clerkship application process and clerkship experience and will feature Georgetown alumni who have clerked in recent years.

The instructors will provide individualized comments and grades on each major assignment. The seminar will teach cost-effective research, writing, and revising techniques. Students will also develop their practical research and writing skills, learn to view cases from multiple perspectives, and learn strategies for addressing and managing the challenges of legal practice. Class participation will count toward the final grade.

Learning Objectives:

  • Strengthen legal research and writing.
  • Draft brief, bench memorandum, and opinion.
  • Deliver oral argument.

Prerequisite: Legal Practice: Writing and Analysis.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the Advanced Legal Writing Seminar or Advanced Legal Writing: Legal Writing as a Discipline or Writing for Law Practice.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 036 v01 Advanced Legal Writing Seminar

J.D. Seminar | 3 credit hours

In this seminar, students build upon principles introduced in the first year about both the legal writing process and product. The course will be run like a law firm, with students performing overlapping assignments for a supervising attorney. Over the course of the semester, students should expect to research and write several documents geared toward a civil litigation practice, including research memoranda, pleadings (Complaints and Answers, etc.) and legal briefs (motions, etc.). At least one document will be a collaborative writing assignment. Professor Anzidei will guide in-class discussions that incorporate the readings and will provide individualized comments and grades on each assignment. Students will also gain experience by commenting on drafts exchanged with their colleagues. The seminar will teach cost and time-effective prewriting, writing, and revising techniques, and it will give students ample opportunity to hone their research and persuasive writing skills before entering into the legal practice.

Prerequisite: Legal Practice: Writing and Analysis.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the Advanced Legal Writing In Practice Seminar or Advanced Legal Writing: Legal Writing as a Discipline.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Preference for enrollment is given to 3L and 4E students. Students enrolled in the course will be writing, commenting, or revising nearly every week and should be prepared to make a substantial time investment in the class. Please submit a statement of interest to Professor Anzidei at chrisanzidei@anzideilaw.com by 5:00 p.m. on Monday, January 5, 2015.

LAW 1444 v00 Advanced Legal Writing Workshop

J.D. Seminar | 3 credit hours

This three-credit seminar offers an opportunity for J.D. students to hone their legal writing skills in a small workshop environment. Students will write a variety of legal documents – including statutory provisions, contractual provisions, objective legal analysis, persuasive legal analysis, and correspondence – and will develop individualized goals for improving their writing throughout the semester. Students will build on skills in legal discourse introduced in the first year Legal Practice course, including crafting effective written analysis, understanding and meeting the expectations of the audience, organizing documents to enhance clarity, applying those skills to new forms of legal writing, and developing effective time management strategies. It will also focus on improving students’ ability to critically assess their own and others’ legal writing and to provide helpful feedback to colleagues in a professional setting. This course is designed as a writing workshop, with in-class writing and peer critique during most classes and individualized feedback from the professor on drafts of documents.


Learning goals for this course:

  • Build on skills in legal discourse introduced in the first year Legal Practice course, including analyzing and conceptualizing legal issues, crafting effective written analysis, understanding and meeting the expectations of the audience, organizing documents to enhance clarity, and applying those skills to new forms of legal writing
  • Improve students’ ability to critically assess their own and others’ legal writing and provide helpful feedback in a professional setting
  • Improve time management skills and develop an effective writing process that can be adapted for a range of contexts in legal practice
  • Learn techniques for effective teamwork and collaboration/li>
  • Develop confidence in transferring legal writing techniques rcss genres

Prerequisite: Legal Practice: Writing and Analysis or its equivalent.

Note: Students enrolled in the course will be writing, commenting, or revising nearly every week, with six out-of-class writing assignments that will be revised after the professor provides feedback on them. Students should thus be prepared to make a substantial time investment in the class.

LAW 1623 v00 Advanced Legal Writing: Intellectual Property and Technology Transactions Workshop

J.D. Seminar | 3 credit hours

This three-credit seminar offers an opportunity for J.D. students interested in transactional practice to hone their legal writing, negotiating, and “real world” transactional skills in a small workshop environment. Students will negotiate and write a variety of transactional documents – including full-length contracts, deal memos, unique contractual provisions, and related correspondence – and will develop individualized goals for improving their writing, negotiating and transactional skills throughout the semester. While this course will teach drafting, deal-structuring, negotiation and related skills that are generally applicable for any type of deal or transactional practice, it will teach those skills through a focus on intellectual property and technology transactions. Students will build on skills in legal discourse introduced in the first year Legal Practice course, including crafting effective written analysis, recognizing the importance of precise drafting to ensure that the various provisions of contracts fit together in a synchronized way, understanding and meeting the expectations of the audience, organizing documents to enhance clarity, applying those skills to new forms of legal writing, and developing effective time management strategies. The course will also focus on improving students’ abilities to critically assess their own and others’ legal writing and to provide helpful feedback to colleagues in a professional setting. This transactional practice workshop includes in-class writing, simulated transactions and mock negotiations based on actual deals. Students will receive peer critique during most classes, as well as individualized feedback from the professor on most drafts of documents.

Professor permission is not required. Background in intellectual property or technology is not required.

Participation in the in-class exercises and simulations will be a key component of student evaluation.

Learning Objectives:

My primary goal for the course is to give you real world transactional experience that you can use on day one out of law school. In addition, this course aims to expose you to new and emerging technologies and complex intellectual property licensing constructs, and give you the ability to analyze and negotiate different types of deals from both a legal and business perspective.

Prerequisite: Legal Practice: Writing and Analysis or the equivalent first year legal writing course.

Mutually Excluded Courses: Students may not receive credit for both this course and the Advanced Legal Writing Workshop; Advanced Legal Writing: Transactional Practice; or Information Technology Transactions: Strategy, Negotiations and Drafting.

LAW 036 v05 Advanced Legal Writing: Legal Writing as a Discipline

J.D. Seminar | 2 credit hours

This seminar will focus on legal writing as a discipline. It will impart to students both the foundational and advanced tools to excel in all forms of legal writing and communication, from litigation briefs and judicial opinions to office memoranda and corporate documents. Through this seminar, students will gain a leg up in the marketplace, attaining a rare skill applicable to all types of legal positions.

To write and communicate effectively, attorneys must use language in a focused manner and make complicated information clear. This seminar will teach students how to master these skills. Students will learn how to draft both routine and complex legal documents by applying writing principles and techniques based on how readers process information most easily. The seminar will use a case problem with a federal constitutional issue. The first part of the seminar will focus on three overarching principles of the discipline of legal writing. It will involve brief writing assignments centered on each principle, based on the case problem. The second part of the seminar will apply the three principles to drafting and editing various legal documents common to many law practices.

While each assignment will require individual writing, the seminar also will involve significant collaboration among students, primarily through weekly peer review and discussion. The instructor will provide individualized comments on each major assignment and evaluate students based on the assignments and participation.

Prerequisite: Legal Practice: Writing and Analysis.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the Advanced Legal Writing Seminar or Advanced Legal Writing and Practice for Judicial Clerks and Civil Litigators or Writing for Law Practice.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Please submit the following to Professor Butler at chuck324@gmail.com no later than 5:00 p.m. on Monday, June 4, 2018: (1) resume and (2) short explanation of interest in the seminar. Professor Butler may conduct brief interviews by phone prior to June 11, 2018. After the June 4 application deadline, students will be admitted into open seats on a rolling basis.

Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 1444 v01 Advanced Legal Writing: Transactional Practice

J.D. Seminar | 3 credit hours

This three-credit seminar offers an opportunity for J.D. students interested in transactional practice to hone their legal writing skills in a small workshop environment. Students will write a variety of transactional documents – including deal memos, contractual provisions, and correspondence – and will develop individualized goals for improving their writing throughout the semester. Students will build on skills in legal discourse introduced in the first year Legal Practice course, including crafting effective written analysis, recognizing the importance of precise drafting to ensure that the various provisions of contracts fit together in a synchronized way, understanding and meeting the expectations of the audience, organizing documents to enhance clarity, applying those skills to new forms of legal writing, and developing effective time management strategies. It will also focus on improving students’ ability to critically assess their own and others’ legal writing and to provide helpful feedback to colleagues in a professional setting. This course is designed as a writing workshop, with in-class writing and peer critique during most classes and individualized feedback from the professors on most drafts of documents.

Prerequisite: Legal Practice: Writing and Analysis or the equivalent first year legal writing course.

Note: Students enrolled in the course will be writing, commenting, or revising nearly every week, with approximately five out-of-class writing assignments, most of which will be revised after the professors provide feedback on them. Students should thus be prepared to make a substantial time investment in the class.

Because of the collaborative nature of the class, students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 1444 v02 Advanced Legal Writing: Transactional Practice

J.D. Seminar | 3 credit hours

This three-credit seminar offers an opportunity for J.D. students interested in transactional practice to hone their legal writing skills in a small workshop environment, while learning the basic elements and construct of a written agreement. Students will write or edit a variety of transactional documents – including deal memos, contractual provisions, and correspondence – and will develop individualized goals for improving their writing throughout the semester. Students will build on skills in legal discourse introduced in the first year Legal Practice course, including crafting effective written analysis, recognizing the importance of precise drafting to ensure that the various provisions of contracts fit together in a synchronized way, understanding and meeting the expectations of the audience, organizing documents to enhance clarity, applying those skills to new forms of legal writing, and developing effective time management strategies. It will also focus on improving students’ ability to critically assess their own and others’ legal writing and to provide helpful feedback to colleagues in a professional setting. This course is designed as a writing workshop, with in-class writing and peer critique during most classes and individualized feedback from the professors on most drafts of documents.

Learning Objectives:

Each assignment will have specific goals; some goals will be specified by the professor, and some goals will be specified by the student. Each assignment will be submitted first as a draft and then as a final product, with an opportunity to receive feedback after the draft is submitted. The grade for each assignment will be based upon (1) assessments of how the successful the draft was in accomplishing the goals for the assignment; (2) evaluation of how effective the revisions to the draft document were in addressing the feedback received on the draft; (3) professionalism/polishing/timeliness of the final document.

Prerequisite: Legal Practice: Writing and Analysis or the equivalent first year legal writing course.

Mutually Excluded Courses: Students may not receive credit for both this course and the Advanced Legal Writing Workshop.

Note: Professor permission is not required.

Students enrolled in the course will be writing, commenting, or revising nearly every week, with approximately five out-of-class writing assignments, most of which will be revised after the professors provide feedback on them. Students should thus be prepared to make a substantial time investment in the class.

Because of the collaborative nature of the class, students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 1449 v00 Advanced Oral Advocacy

J.D. Seminar | 2 credit hours

Many of our experiential offerings that focus on advocacy skills do so within the context of the entire trial or appeal; students in these courses work on all relevant skills associated with that type of litigation, including planning, writing, and oral advocacy.This advanced course assumes some exposure to the litigation process and gives students the chance to focus solely on improving their oral advocacy skills, specifically, their ability to persuade decisionmakers orally in situations where the speaking is an interactive process. Each week, students will be prepare, present, and judge oral arguments on issues that are taken from pending cases or problems created by the instructor. Problems will be drawn from criminal, civil, and administrative law cases to allow students to experience how a generalist advocate presents arguments in different litigation contexts. Students will be expected to self-assess their performances and, working with the group and the instructor, develop and adapt their argument preparation and execution accordingly. Through this course, students will develop their ability to craft and deliver ideas orally in words and style that is both comprehensible and credible in settings where the listener/decisionmaker may engage the speaker at will.
 

Significant preparation will be required for each class session, and students will be meeting one-on-one or in small groups with the instructor outside of class time to prepare, debrief, and receive individualized feedback. Grading will be based on class participation only; there is no exam or final paper.

Learning Objective: Advanced training in preparation for and execution of an oral argument.

Prerequisite: Trial Practice, Civil Litigation Practice, moot court team membership, or other relevant litigation or oral advocacy experience is required.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. This course is designed for students who have taken basic trial and appellate practice courses or have equivalent experiences, and have an interest in careers in litigation or where oral persuasion is critical. Students should email Professor Steven Goldblatt (goldblat@georgetown.edu) with a short explanation of their background and interest in the course, as well as a resume, no later than 5:00 p.m. on Monday, June 4, 2018. After the June 4 application deadline, students will be admitted into open seats on a rolling basis.

ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

Students will meet each week with Professor Goldblatt in his office as part of their preparation for course. In addition, Professor Goldblatt may schedule moot courts over the course of the semester to take place in the Supreme Court Institute moot court room. Most will be held at the usual class time, but it is possible that one or more may be scheduled on a Friday afternoon (1:00 pm or later). Availability to attend at these times is a class requirement except for other class conflicts.

LAW 702 v00 Advanced Partnership Taxation

LL.M Course | 2 credit hours

Focuses on the skills necessary (including review of transactional documents) for a tax attorney involved in advising on partnership structuring matters. Topics will include drafting the partnership agreement, allocations of tax items, amortization of partnership intangibles, classification/conversions, interplay of partnership rules on debt restructuring application of various gain triggers upon exiting from partnerships, partnership mergers and divisions, partnership equity-based compensation, and the partnership anti-abuse rules.

Prerequisite: Federal Income Taxation (formerly Taxation I); Taxation of Partnerships. Neither prerequisite may be taken concurrently.

LAW 040 v01 Advanced Patent Law Seminar

J.D. Seminar | 3 credit hours

This advanced seminar presumes knowledge of patent law fundamentals and examines various specific topics, including the Hatch-Waxman Act, patent administration, claim interpretation, the doctrine of equivalents, the experimental use privilege, and comparative and international patent law. Students will write papers on some specific aspect of patent law, not limited to those topics covered in class.

Prerequisite: Patent Law or equivalent experience.

LAW 943 v00 Advanced Private Wealth Planning Seminar

LL.M Seminar | 4 credit hours

This course will provide students with a solid grounding in advanced estate-planning techniques and help them build the drafting and client-relations skills necessary to develop and implement a comprehensive estate plan. This course is required for the Certificate of Study in Estate Planning.

The course will be structured in two modules. The first module will introduce students to technical tax regimes (such as the generation-skipping transfer tax) and more complex planning scenarios. Topics covered will include philanthropy and private wealth planning; the role in estate planning of private foundations, public charities, and supporting organizations; charitable giving techniques; planning for family controlled businesses; planning for highly-compensated individuals; and international aspects of private wealth planning.

The second module will consist of a hands-on exercise in developing, drafting, and executing a complex estate plan. Working from a comprehensive fact pattern, students will make in-class presentations about the problem and participate in the development of the estate plan by drafting documents and by commenting on drafts prepared by others. These documents may include legal memoranda, client communications, and analysis of planning alternatives, as well as the will, trust instruments, and organizational documents for charitable entities.

Prerequisite: Federal Income Taxation (formerly Taxation I), Decedents’ Estates or equivalent, or Wills & Trusts; Income Taxation of Trusts and Estates; Estate and Gift Tax; Special Topics in Transfer Tax.

Note: This course is only open to students enrolled in the Taxation LL.M. program, or who have been admitted to the joint JD/Taxation LL.M. program by professor permission. Interested students should contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class. Students require permission from professor to withdraw from this course.

LAW 381 v02 Advanced Studies in Federal Securities Regulation: Policy and Practice

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar course offers an opportunity for in depth discussion of key issues in securities regulation including current Securities and Exchange Commission (SEC) and Public Company Accounting Oversight Board (PCAOB) regulatory and enforcement actions, how regulatory decisions are made, the economic and other policy bases for SEC and PCAOB regulation, and the operation and impact of the SEC’s regulatory oversight and enforcement programs in the recent financial crisis. Guest speaker participants will include members and senior staff from the SEC and PCAOB and experienced securities practitioners.

Grading will be based on a final paper on an approved topic and class participation.

Learning goals for this course: Develop a high level understanding of how securities regulations are developed and applied, using a series of studies of specific regulatory issues, with frequent guest speakers from government and private practice.

Prerequisite: Corporations; Securities Regulation (may be taken concurrently).

Note: This course requires a paper. J.D. students must register for the 3 credit section of the course if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1406 v00 Advanced Topics in Corporate Law: Unincorporated Business Entities

J.D. Seminar (cross-listed) | 1 credit hour

So-called “alternative” or “unincorporated” business entities, most notably limited liability companies (LLCs) and limited partnerships (LPs), indisputably have become an important and apparently permanent fixture in American business. They are becoming the entity form of choice for privately held businesses, but equity interests in LLCs and LPs are also traded publicly on national securities exchanges.

From a legal perspective, and similar to traditional corporations, state law subjects the creation, termination, and internal governance of alternative entities to a mix of statutory rules and common law doctrine that address issues of efficient allocation of capital, creditor protection, and agency costs. More so than with corporations, however, the intent of the applicable state law is to facilitate maximal private ordering and customization appropriate to the unique needs and characteristics of any individual company. This flexibility provides obvious benefits to business planners. At the same time, however, it engenders a fundamental legal challenge: how to balance that flexibility with the development of guiding precedents and predictability otherwise characteristic of the corporate and common law traditions?

This course introduces students to that very challenge. Topics covered include alternative entity formation and dissolution; the centrality of operating agreements and freedom of contract in establishing the rights and responsibilities of stakeholders; the fiduciary and contractual duties of managers, contractual modification or elimination of fiduciary duties, and the relationship between “contractual fiduciary duties” and the implied contractual covenant of good faith and fair dealing; and judicial review of self-interested transactions, especially in the increasingly litigious environment of public M&A.

Students are expected to possess a basic understanding of the law applicable to alternative entities and corporations.

Prerequisite: Corporations.

Note: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 947 v00 Advanced Topics in Exempt Organizations

LL.M Seminar | 2 credit hours

This course will focus on the practical deal-making aspects of structuring transactions involving non-profits and for-profits, with focus on the rules governing joint ventures (designing a joint venture policy), choice of entity issues, hospital and health care industry deals, low income housing tax credit issues, historic and energy tax credits, new markets tax credit transactions, environmental and conservation ventures, university joint ventures (e.g., distance learning, faculty research and pouring rights), impact investing, social benefit corporations (Hobby Lobby case) and valuation and reasonable compensation issues. It will include negotiating strategies (key structural issues, how to educate the for-profit party, “must-have” deal terms); case studies with students taking sides in negotiating the deal; Congressional outlook (political and lobbying) and “hot” UBIT topics. The course will feature guest lecturers from the Treasury, IRS and the private sector, including in-house general counsel of tax exempt organizations. The course will require a 20 page (approx.) paper.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Recommended: Taxation of Charities and Other Nonprofit Organizations.

LAW 1602 v00 Advanced Topics in Torts: Products Liability, Guns, and Drugs

J.D. Course (cross-listed) | 3 credit hours

This upper level course will cover the law of products liability generally and take a close look at the state of products liability litigation and liability in relation to guns and to opioids. The goal is to combine a survey of the complicated field of products liability law with a sophisticated deep dive into two areas of cutting edge products liability litigation.The first part of the course will familiarize students with major topics applicable to all products manufacturers including: a product distributor’s liability for defect-caused harm, allocating responsibility inside and outside the commercial chain of distribution, causation, affirmative defenses, approaches to design defect litigation, and federal preemption of products liability claims. Later in the course, we will examine gun manufacturer liability, currently and prior to the passage of the Protection of Lawful Protection in Arms Act, which reshaped the landscape of gun litigation. Finally, we will end with a consideration of the growing litigation related to the opioids, litigation inflected by doctrines peculiar to prescription drug manufacturer liability. The final examination will be a self-scheduled 48 hour take home exam. Attendance and participation are crucial to the course, and significant credit will be given to those students who contribute thoughtfully and constructively to class discussion of cases and issues.

LAW 151 v01 Advanced Torts: Constitutional Torts

J.D. Course | 3 credit hours

This course will focus on the intersection of tort law and public interest law, specifically Section 1983 actions (actions that give injured individuals remedies against other individuals whose harmful conduct violates constitutionally protected interests even if the defendants are not state actors). We will learn why Section 1983 was passed in the immediate aftermath of the Civil War yet played very little role in constitutional litigation until the latter half of the 20th century. The class will explore the development of contemporary section 1983 law, including the defenses and immunities that have developed around it.

LAW 1393 v00 Advancing Educational Equity through the Federal Regulatory Process (Project-Based Practicum)

J.D. Practicum | 4 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professor. This project-based practicum course will focus on how to leverage the federal legislative and regulatory process to effect change in policies and practices to advance educational equity, including through working to dismantle the phenomenon known as the School-to-Prison Pipeline. Students will participate in a two hour/week seminar and carry out 5 hours/week of project work, under the direction of the course professor.

SEMINAR: The School-to-Prison Pipeline refers broadly to overly punitive discipline practices, policies, and prevailing consciousness that push students out of the classroom and often into the juvenile justice system. These practices, which data show disproportionately impact students of color, students with disabilities, and LGBTQ students, can include suspensions, expulsions, and school-based arrests. Students will examine school discipline disparities and other educational inequities within the U.S. public school system and analyze interventions to help address such inequities. Other inequities include, inequitable school funding, resource inequities, and gender discrimination.

Students will learn how to advocate for educational equity through the federal regulatory process, including through drafting and submitting comment letters in response to Requests for Information (RFI), Notice of Proposed Rulemaking (NPRM), or the issuance of federal agency guidance. Students will learn about the Administrative Procedure Act (APA) and how it governs the federal regulatory process. Students will also learn about the federal legislative process and identify key points for intervention to elevate equity issues and advance legislative and policy solutions. By developing this expertise, students will be equipped to identify points for intervention to advocate for implementation of alternatives to overly punitive discipline practices, like restorative practices and school-based mental health services, as well as other positive interventions to help address educational inequities and improve educational outcomes.

PROJECT WORK: The Professor will assign and supervise students’ projects, ensuring that the projects identify and leverage strategic points for advocacy and intervention to advance educational equity. Projects will be focused on current issues of educational equity that are the subject of, and which can be addressed through, the federal rulemaking process, including:

  • School Discipline disparities
  • Significant disproportionality in special education
  • The role and impact of Guidance from the Department of Education
  • The privatization of public education (the impact of school choice and vouches)
  • Fiscal inequities in public education
  • The Title VI and Title IX complaint processes and school discipline or gender discrimination
  • The implementation of the Every Student Succeeds Act
  • Executive action

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).
 

Recommended: Administrative Law. In addition, the courses Education Law: Civil Rights and Civil Liberties and The Federal Role in Education Law Seminar may provide useful background to students in this practicum.

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and a clinic or another practicum course. Students may concurrently enroll in this practicum and an externship.

Note: This practicum is open to LL.M. students, space permitting. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.
This practicum is suitable for evening students who can commit to attending the weekly seminar and participating in 5 hours of project work a week. The project work does not need to be completed during business hours.
This is a 3 credit course. 2 credits will be awarded for the 2-hour weekly seminar and 1 credit for approximately 5 hours of project work per week, for a minimum of 11 weeks. Both the seminar portion and the project portion will be graded.
Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.
Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 308 v01 Advertising Law

J.D. Course | 3 credit hours

This course covers legal regulation of advertising in the United States, with some comparison to other countries. Private causes of action by consumers and competitors, state attorneys general, and the Federal Trade Commission all form part of the law of advertising. Topics will include falsity, substantiation, surveys, product placement, "green" marketing claims, disclosures and disclaimers, and First Amendment aspects of advertising regulation. There will be a final take-home exam.

LAW 127 v00 Advocacy Tools for Public Interest Lawyers

J.D. Seminar (cross-listed) | 2 credit hours

This course is designed for students embarking on careers in public interest law or policy and explores the many necessary techniques to become highly effective advocates for social change. The purpose of the class is to help class participants develop creative advocacy approaches and learn to think beyond litigation and other traditional legal strategies to meet key client and societal goals. In particular, the course will: 1) explore how coalition building, grassroots organizing, and public policy advocacy can be used to enhance legal strategies; 2) teach basic public interest advocacy skills, including media relations, fundraising basics, legislative advocacy and lobbying, leveraging data and research, social marketing and public opinion, and cutting-edge digital strategies; and 3) introduce students to dynamic experts in relevant issue areas, from lobbyists to communications experts. Using compelling case studies and background reading materials, students will have the opportunity to use multiple advocacy tools to tackle real-life social problems on the local and national levels. Grades will be based on the extent and quality of class participation and written assignments.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 611 v30 Advocacy, Client Counseling and Negotiation Skills in Practice Settings

J.D. Seminar | 1 credit hour

Through role plays set in the context of interaction with clients, fact-finding, negotiation, litigation, and transactional work, this Week One simulation course will teach first-year students how ethics issues arise in practice and how lawyers may run afoul of rules that govern professional responsibility. During the course’s four days, students will be involved in one or more of the following matters:

  • A court sanctions hearing relating to allegations of abuses in civil discovery;
  • A disciplinary hearing considering conflict of interest claims against in-house counsel because of her alleged representation of both a university and its president during a criminal investigation;
  • A simulation of interaction with clients and negotiations relating to the sale of a helicopter;
  • A simulation of an internal law firm investigation of alleged associate and partner abuses in billing.

In each of these situations, students, working in teams and in various roles will be assigned responsibility for meeting with clients, fact-finding—reviewing documents and interviewing prospective witnesses, researching pertinent ethics rules, engaging in negotiations, and making arguments either in a court or disciplinary hearing setting. Through these role-playing assignments, students will learn how to analyze rules of professional conduct, engage in fact-finding, and serve as advocates in various settings. Upper-class teaching fellows will serve as clients, potential witnesses, and decision-makers in the disciplinary setting.

Note: This course does NOT meet the J.D. Professional Responsibility graduation requirement. For a list of the PR series courses, please see the Legal Profession/Professional Responsibility cluster essay.

This course is mandatory pass/fail, and does NOT count against the 7-credit pass/fail limit for J.D. students.

This optional, elective course is for first-year J.D. students only, who are enrolled through a lottery process.

ATTENDANCE AT ALL CLASS SESSIONS IS MANDATORY. All enrolled students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety. For more information see the Week One website.

Due to the intensive nature of the course, the small-group, team, and individual work that is involved, and the preparation that is necessary to ensure a positive student experience, students who wish to drop the course after they have accepted a seat must drop by Friday, November 30, at 3:00 p.m. After that point, permission to drop from the course professor and Assistant Dean for Experiential Learning is required. Students who are enrolled but do not attend the first class session will be withdrawn from the course.

LAW 1073 v00 Advocating on behalf of People with Developmental Disabilities: Contemporary Issues, Challenges, and Legal Advocacy Opportunities (Fieldwork Practicum)

J.D. Practicum | 3 credit hours

In fieldwork practicum courses, students participate in weekly seminars and conduct related fieldwork at outside organizations. This practicum course will give a detailed overview of the complex laws that govern the rights and restrictions of people living with intellectual and developmental disabilities, with a focus on the laws of the District of Columbia. Students will participate in a two hour/week seminar and also undertake 5, 10, or 15 hours/week of fieldwork at organizations such as Quality Trust for Individuals with Disabilities.

SEMINAR: According to the World Health Organization, up to three percent or almost 200 million people of the world’s population have intellectual disabilities, making it the largest disability category in the world. The course materials will cover substantive law, theory, and real world advocacy methods beyond those practiced in the courtroom.

FIELDWORK: In the fieldwork portion of this course, students will develop practical legal and advocacy skills while working directly with and for people with developmental disabilities in the District through field placements at organizations like the Quality Trust for Individuals with Disabilities.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective.)

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and an externship or a clinic or another practicum course.

Note: This practicum course is open to LL.M. students, space permitting. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.

This course is suitable for evening students who can commit to attending class and working 10 hours/week (during business hours) on site at their field placement.

To allow all students maximum flexibility, the field placement work can be taken for one credit (requires 5 hours of fieldwork), two credits (requires 10 hours of fieldwork), or three credits (requires 15 hours of fieldwork). Thus, the total credits awarded for the course will be three, four, or five credits. Students will have the ability to choose the credit option that best fits their schedules. All students will initially be registered for a total of three credits, which is the two-credit seminar plus the one-credit field placement section. Once the preregistration results are released, contact Assistant Director Bernice Ines at api5@law.georgetown.edu to confirm the number of credits you wish to receive for the fieldwork and she will inform the Office of the Registrar of any changes that need to be made. If you enroll after the preregistration period and wish to enroll for additional fieldwork credits, contact Bernice Ines at api5@law.georgetown.edu. All requests for additional field placement credits beyond the one credit that is automatically assigned must be received by 5:00 p.m. on September 7, 2015. The seminar credits will be graded. The fieldwork credits will be graded on a pass/fail basis.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and fieldwork components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1604 v00 Affordable Housing Seminar

J.D. Seminar | 3 credit hours

The goal of this seminar is to expose you to the policy, law and practice concerning the prevision and preservation of affordable housing and its relationship to personhood, to community, and to society as a whole.  Specifically, we will examine the problems caused by the absence of a sufficient number of safe, sanitary, decent, and affordable units for households of low and moderate income. We will look at aspects of federal and local housing policy from both a current and an historical viewpoint.  We will place particular emphasis on issues of poverty and race.    Your paper can examine any element of affordable housing regardless of whether it is covered in class.

LAW 508 v01 Affordable Housing Transactions Clinic (Harrison Institute)

J.D. Clinic | 14 credit hours

Please see the Affordable Housing Transaction Clinic website for more detailed information about the program.

For registration-specific supplemental materials, please see the Affordable Housing Transactions Clinic PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course.

LAW 1632 v00 Aggregate Litigation: A Global Perspective

J.D. Seminar (cross-listed) | 1 credit hour

In a world of mass production, mass harm often follows. A defective product might injure numerous consumers; a false report might mislead multiple investors; and a discriminative practice might impact a large number of employees. In such cases, litigation by each individual plaintiff might prove ineffective, and often impractical. To resolve this problem, legal systems have devised various forms of aggregate litigation and collective redress procedures. This introductory course discusses the key characteristics of these procedures, using a comparative framework. Class actions and alternative collective redress regimes in the U.S., Canada, Australia, Israel and Europe will be studied, and the potential for multi-national aggregate litigation, in a single or in multiple forums, will be explored.

Note: This course will meet on Mondays and Wednesdays, 11:10 a.m. - 1:10 p.m. on the following dates: 9/5, 9/10, 9/12, 9/17, 9/19, 9/24, and 9/26.  

LAW 277 v02 Aging and Law Seminar

J.D. Seminar | 3 credit hours

This seminar explores, through lecture, discussion, and problem solving, the demographics, public perceptions, special legal problems, and public policy issues affecting older persons. Subject areas include income maintenance programs (Social Security, SSI); health and long-term care benefits (Medicare, Medicaid, long-term care insurance, state and federal financing issues); retirement housing and long-term care options and regulation (continuing care retirement communities, nursing homes, home and community-based care, home equity conversion); estate and personal planning issues related to incapacity (powers of attorney, trusts, guardianship and its alternatives, elder abuse, the right to refuse life-sustaining medical treatment, bioethical dilemmas, surrogate decision making, and health care advance directives); and ethical issues in representing the elderly. The seminar is both practice- and policy-oriented and integrative with respect to other coursework and related disciplines.

Recommended: Prior or concurrent enrollment in one or more of the following courses: Administrative Law; Employment Discrimination; Family Law I: Marriage and Divorce; Constitutional Law II: Individual Rights and Liberties; Professional Responsibility.

Note: This seminar requires a paper. Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 369 v01 AIDS Law and Ethics Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This course examines the social, legal, political, and ethical controversies surrounding the HIV/AIDS pandemic in contemporary society. It covers both domestic and international law and policy. The course is divided into several parts. Part I covers the role of social movements and mobilization in the response to HIV/AIDS. Part II, AIDS in the Courtroom, covers the major court cases related to HIV/AIDS in the United States and in key countries around the world like South Africa, India and Brazil that provide important comparative perspectives to understand the power of law. These cases demonstrate the social impact of AIDS– the effect of litigation on social institutions, constitutional law, and interpersonal relationships. Part III, Rights and Dignity, examines the role of international human rights, privacy, and discrimination. Part IV, Policy, Politics, and Ethics, covers a wide range of the most contentious debates of the HIV/AIDS pandemic, including testing, named reporting, civil and criminal confinement, sex work, drug law and policy, LGBT rights, and gender.  Part V, Special Considerations covers a set of particular contexts and realities including sexual assault, HIV-infected health care workers, and perinatal transmission of HIV. The final Part, Governance and Financing, examines the absence of political leadership, the international trade system which militates against access to affordable treatment in low- and middle-income countries, the systems of financing for HIV in the U.S. and around the world, and the ethics of international collaborative research. The AIDS pandemic has reached deeply into all major spheres of modern life–e.g., law, medicine, economics, and politics. The pandemic has transformed society and restructured ethical values. This course provides an account of the major themes of the pandemic during the last three decades and offers an analysis of contemporary and future policy.

Mutually Excluded Courses: Students may not receive credit for this seminar and the course, AIDS Law and Ethics.

Note: This seminar requires a paper. J.D. students must register for the 3-credit section of the seminar if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the 2-credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 065 v02 Alternative, Complementary, and Integrative Medicine, The Legal Issues Seminar

J.D. Seminar (cross-listed) | 3 credit hours

Alternative, Complementary, and Integrative Medicine ("non-traditional medicine") ("CAM") is the fastest-growing sector of American Health Care and is one of the fastest growing fields in the United States. Presently, at least 50 percent of Americans are using some form of alternative and complementary therapy such as acupuncture, nutritional supplementation, herbs, massage, yoga, chiropractic and homeopathy. According to the Journal of the American Medical Association in 1997, visits to alternative health care practitioners exceeded total visits to all conventional primary care physicians. The number of clinics and hospitals that integrate some modalities of CAM alongside conventional medicine is growing rapidly. The Institute of Medicine, a part of the National Academy of Sciences, has held recent conferences on the values of both CAM and Integrative Medicine. The NIH is using significant resources to fund research in this area.

This development, of course, is raising legal issues. There is a growing but still unsettled body of law on this subject. Some but not all CAM modalities are now licensed and regulated by at least some states. Federal regulatory bodies, such as the FDA and FTC are trying, within the limits of their statutory authority, to protect what they perceive to be the interests of the public. Yet, they come at the problem through conventional, rather than alternative, eyes. Conventional law is based upon protecting the public from purveyors of the proverbial "snake oil" frauds. And to an extent this law is being used to keep out alternatives to the established health-care modalities. This seminar studies the tensions, legal, economic, and social, of this struggle as it unfolds. This seminar covers several areas of law including administrative law, medical malpractice, informed consent, FDA/FTC law, among others. A paper meeting the upperclass legal writing requirement is required.

LAW 015 v02 American Legal History

J.D. Course | 3 credit hours

This course is a political history of American legal institutions in the twentieth century. After a brief survey of nineteenth-century state of courts and parties, it explains how American law and lawyers were transformed by the emergence of an administrative state. The bulk of the course is devoted to the emergence and consolidation of two political regimes--the Progressive (1898-1932) and the New Deal (1933-1964). Topics include the rise of the corporate bar, judicial reform, theories of administration and the rule of law, race and gender in the legal profession, "New Deal" and "Washington" lawyers, state and federal administrative agencies, and McCarthyism and the bar. The course is intended to provide students with a perspective on the statutory and regulatory courses of the upper-class curriculum and a historical understanding of the profession they are preparing to join. Readings are a collection of photocopied documents and historical articles. Classes mix lectures with discussion of assigned readings.

LAW 361 v20 American Legal Profession

J.D. Course | 3 credit hours

This course combines material covered in the two-hour Professional Responsibility course with a broader examination of the legal profession. In addition to the law of lawyering (including the Model Rules of Professional Conduct), the course includes material on the moral underpinnings of law practice, the structure and regulation of the legal profession, and the distribution of legal services. The course uses problems and case studies to enable students to identify ethics issues as they arise in different practice areas, including private practice, government lawyering, criminal defense and prosecution, and public interest practice.

LAW 361 v23 American Legal Profession

J.D. Course | 3 credit hours

This course combines material covered in the two-hour Professional Responsibility course with a broader examination of the legal profession. The course includes material on the history and sociology of the legal profession, the attorney-client relationship, the nature and practice of the regulation of the legal profession, and admission to the bar. The course is intended to enhance appreciation of the various settings in which issues of professional ethics arise and to illuminate tensions between personal and professional identity and morality.

Note: This course meets the J.D. Professional Responsibility graduation requirement. Students may receive credit for only one offering in the Professional Responsibility series. For a list of the PR series courses, please see the Legal Profession/Professional Responsibility cluster essay. The courses in the PR series are open to only J.D. students.

LAW 1107 v00 Analytical Methods

J.D. Course (cross-listed) | 3 credit hours

Lawyers in every type of practice (corporate, litigation, government, public interest, etc.) routinely deal with problems that require a basic understanding of concepts and methods from economics and statistics. This course provides an introduction to these subjects and their application and relevance to law and legal practice. Topics covered include decision analysis, game theory, probability theory, and statistics. Grades will be based on class participation, a graded problem set, and a final examination. No prior background in economics or statistics is required; however, we will regularly use elementary algebra and geometry. Students with strong backgrounds in economics, mathematics, or statistics should consult with the professor before enrolling in the course.

LAW 1201 v00 Analyzing Empirical Research for Lawyers

J.D. Seminar (cross-listed) | 2 credit hours

Litigators often are confronted with expert witness testimony on both the methods and findings of scientific research. In court, plaintiffs and defendants proffer conflicting scientific evidence; the prevailing party is often the one that can successfully defend the research it presents while debunking its opponent’s studies. Lawyers thus need to critically evaluate the validity of scientific research, but the knowledge required for this task is not often taught in law schools or readily acquired in practice. Additionally, most research methods courses offered in educational institutions focus on how to conduct original research rather than on how to critique another party’s research. This class is designed to develop students’ knowledge of the strengths and weaknesses of commonly employed research designs in the social sciences, with an eye toward understanding how to spot misrepresented research designs and findings. Understanding the strengths and limitations of scientific research methods will enable students to become more effective as litigators. Prior knowledge of statistics and/or research methods is not required.

LAW 1167 v00 Anatomy of a Federal Trial: The Prosecution and Defense Perspective

J.D. Seminar | 2 credit hours

This course will be an in-depth analysis of the investigation and trial of a federal white collar criminal case led by an experienced criminal defense attorney and an experienced prosecutor who faced each other in the courtroom during the trial of a former executive of Enron Corporation. This course will use a hypothetical case study based on the Enron trial the instructors conducted against each other beginning at the investigative stage through the charging stage and continuing through trial and sentencing.

Through discussion and selected assignments representative of different stages of the prosecution, students will critically examine the hypothetical criminal prosecution from both sides of the adversarial process – moving beyond a discussion of the basic stages of the trial into an analysis of how each side approaches each stage – asking themselves what they hope to accomplish and what is the best method for doing so.

Each student will do a total of three written assignments and two oral assignments.

Learning Objectives:

The goal of this course is to provide a realistic and practical view into what it is actually like to be a prosecutor or a defense counsel, and the decisions and considerations they make through each stage of a matter, from investigation through sentencing and appeal. The learning outcomes for the course include:

  • Knowledge of each stage of a white collar investigation, from a defense and prosecutorial perspective.
  • Ability to engage in a lively discussion while letting go of the fear of a “wrong answer.”
  • Ability to engage in critical and strategic thinking beyond black letter law and into the practical effects of a particular course of action as well as any related policy considerations.

Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Recommended: Evidence.

Mutually Excluded Courses: Students may not receive credit for both this class and Role of the Federal Prosecutor.

LAW 567 v00 Animal Protection Litigation (Fieldwork Practicum)

J.D. Practicum | 4 credit hours

In fieldwork practicum courses, students participate in weekly seminars and conduct related fieldwork at outside organizations. This fieldwork practicum course explores the process of public interest litigation in an effort to better understand the status and treatment of animals in the courts. Students will participate in a two hour/week seminar and also undertake 10 hours/week of fieldwork in the twenty-attorney litigation unit at the Humane Society of the United States.

SEMINAR: The seminar offers a practical survey of litigation and legislative efforts on behalf of animals at the local, state, and national level. The course will address the historical status of animals in the law; the current application of animal protection laws to wild animals, animals confined in factory farms, exhibitions, and laboratories, and companion animals; legislative efforts and citizen initiatives to strengthen animal protection laws; the role of international conventions and other laws concerning trade in animals and animal products; the limitations on implementation and enforcement of animal laws; and the impacts of free speech, religious expression, and other Constitutional provisions on animal protection statutes. Utilizing an interdisciplinary approach that combines administrative law, environmental law, consumer protection, and other related public interest fields, the seminar will examine why some public interest litigation campaigns succeed and others fail; explore how to construct an effective public interest litigation strategy; and teach students how to develop innovative uses of existing laws to expand legal protections for animals.

FIELDWORK: Students will work closely with the Humane Society of the United States’ in-house litigation group to find new and creative ways to ensure that all animals receive the legal protections they deserve. As part of the fieldwork, students will work on a wide variety of cases in state and federal courts throughout the country, including actions to protect cougars, wolves, grizzlies and other wildlife, to curb unscrupulous breeding of, and cruelty to, companion animals, to improve the treatment of animals used in research, and to prevent the systematic mistreatment of animals in factory farms. The docket is extensive and interdisciplinary, and involves cases being pursued jointly with other public interest groups, including environmental protection, consumer protection, public health, labor, and sustainable agriculture organizations.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Recommended: Administrative Law.

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and an externship or a clinic or another practicum course.

Note: This practicum course is open to LL.M. students, space permitting. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.

This course is suitable for evening students who can attend the weekly seminar and conduct 10 hours of fieldwork/week during normal business hours.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits for approximately 10 hours of fieldwork per week, for a minimum of 11 weeks, to be scheduled with the faculty. The fieldwork must be completed during normal business hours. The two-credit seminar portion of this practicum will be graded. The two credits of fieldwork are mandatory pass/fail. Students will be allowed to take another course pass/fail in the same semester as this practicum.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and fieldwork components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 038 v02 Antitrust Economics and Law

J.D. Course (cross-listed) | 4 credit hours

This course covers the major federal legislation and doctrine in the field of antitrust law with a primary focus upon governmental efforts to promote competition. Emphasis is placed upon the growing role of economic analysis and trends in judicial interpretation relating to the coordination, monopolies, mergers and joint ventures, as well as evolving legal standards, including the role of decision theory in setting legal standards.

This version of basic antitrust places greater emphasis on the tools of economic analysis that have taken on growing importance in antitrust as well as controversies between Chicago School and post-Chicago economic approaches. There is no economics prerequisite. The necessary economic tools will be developed in the course. Students should be prepared to master economic as well as legal materials. There will be written assignments that must be submitted for each class. Attendance is also required.

Recommended: Some economics background is helpful, but not required.

Mutually Excluded Courses: Students may not receive credit for both this course and Antitrust Law.

Note: Laptops may not be used during class sessions.

LAW 038 v01 Antitrust Law

J.D. Course (cross-listed) | 3 credit hours

This course covers the major federal legislation in the field of antitrust law, with a primary focus upon governmental efforts to promote competition, including Sections 1 and 2 of the Sherman Act, and Section 7 of the Clayton Act. Emphasis is placed upon the growing role of economic analysis and other modern trends in judicial interpretation, with an emphasis on understanding the means by which courts determine whether unilateral and collaborative business conduct is pro-competitive or anticompetitive, regardless of the particular statutory provision at issue.

Mutually Excluded Courses: Students may not receive credit for both this course and Antitrust Economics and Law.

LAW 038 v50 Antitrust Law

J.D. Course (cross-listed) | 3 credit hours

This course covers the major federal antitrust statutes and related federal agency guidelines, with a primary focus on government efforts to protect and promote competition through the Sherman Act, the Clayton Act, and Section 5 of the Federal Trade Commission Act. Emphasis is placed on the growing use of economic analysis and other modern trends in judicial interpretation of these statutes, and on recent case law addressing vertical and horizontal restraints, monopolization, and mergers.

Mutually Excluded Courses: Students may not receive credit for both this course and Antitrust Economics and Law.

LAW 1396 v00 Antitrust Law Seminar: Case Development and Litigation Strategy

J.D. Seminar (cross-listed) | 2 credit hours

This course explores the process of raising and defending against antitrust challenges. Through a series of contemporary case studies, we will examine the resolution of antitrust disputes, focusing on the substantive strategies and procedural tools available to the litigants. In the context of these case studies, we will discuss criminal indictments, plea agreements and the DOJ's leniency policy, sufficiency of pleading, presumptions and burdens of proof, rules of evidence (including the use of expert evidence), dispositive pretrial motions, class actions and class action settlement strategies, temporary restraining orders and preliminary injunctions, treble damage judgments, interlocutory and final appeals, and Supreme Court review. There will be no exam, but a paper will be required.

Prerequisite: Antitrust Law or Antitrust Economics and Law.

LAW 049 v05 Appellate Courts and Advocacy Seminar

J.D. Seminar | 3 credit hours

The Appellate Courts and Advocacy Seminar combines a substantive review of key appellate litigation doctrines concerning appellate jurisdiction, standards of review, and other topics, with a significant advocacy component, including motion and brief writing. The course considers each stage of the appellate litigation process beginning with a general overview, moving to the various bases for appellate jurisdiction in the federal courts, then discussing standards of review, and concluding with an intense review of the anatomy of an appellate brief. We will also briefly consider U.S. Supreme Court practice.

There are about a half dozen small- to medium-sized writing assignments that have two purposes: They introduce students to an aspect of appellate practice, and they demand application of one or more of the course’s doctrinal topics. For all assignments, students are provided copies of relevant practice rules, statutes, cases, and other items. No outside research is involved.

For a detailed course description and syllabus, please contact the instructor at bswolfman@yahoo.com.

In addition, Professor Wolfman's biography also has more information on his background.

Prerequisite: All first-year courses. Federal Courts is recommended, but not required.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.Note: This course is a co-requisite with the spring 2017 full-time Appellate Litigation Clinic (LAWJ-504-05). Students registered for that clinic must register for this course.

LAW 049 v06 Appellate Courts and Advocacy Workshop

J.D. Seminar | 2-3 credit hours

The Appellate Courts and Advocacy Workshop combines a substantive review of key appellate litigation doctrines concerning appellate jurisdiction, standards of review, issue preservation, and other topics, with a significant advocacy component, including motion and brief writing. The course considers each stage of the appellate litigation process beginning with a general overview, moving to the various bases for appellate jurisdiction in the federal courts, then discussing standards and scope of review, and concluding with drafting a full appellate brief in a simulated case. (Students enrolled in the Appellate Courts Immersion Clinic, who must enroll in this course for two credits, do not draft the simulated appellate brief.) We will also briefly consider U.S. Supreme Court practice. The workload is steady and at times fairly demanding. Students desiring to get the most from this course will have to read the materials as they are assigned and complete the writing assignments diligently. In the first two-thirds of the workshop, students gain invaluable practice experience by deconstructing an appellate brief element by element and then, toward the end of the course, build on that experience by drafting a full appellate brief from scratch.

The course's half dozen small- to medium-sized writing assignments serve two purposes: They introduce students to an aspect of appellate practice, and they demand application of one or more of the course’s doctrinal topics. For all assignments, students are provided copies of relevant practice rules, statutes, cases, and other items. No outside research is required.

For a detailed course description and syllabus, please contact the instructor at (wolfmanb@georgetown.edu).

The learning goals of this course are (1) mastery of the basic doctrine of the law of federal appellate courts (in particular, jurisdiction, standards of review, and scope of review); (2)  providing students with a critical understanding of the doctrine enabling them to make credible arguments about the doctrine’s gaps and ambiguities; and (3) enhancing students’ persuasive writing skills. 

Mutually Excluded Courses: Students may not receive credit for both this course and Appellate Practice Seminar.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 1414 v00 Appellate Courts and Advocacy Workshop

J.D. Seminar | 3 credit hours

The Appellate Courts and Advocacy Workshop combines a review of key appellate litigation doctrines concerning appellate jurisdiction, standards of review, and other topics, with an intensive advocacy component, including motion and brief writing. The course considers each stage of the appellate litigation process, beginning with a general overview, moving to the various bases for appellate jurisdiction in the federal courts, then discussing standards of review, and concluding with a review of the anatomy of an appellate brief. We will also briefly consider U.S. Supreme Court practice. Students considering judicial clerkships after graduation may find this course useful.

During the doctrinal portion of the class, students are required to complete about a half dozen small to medium-sized writing assignments. These assignments do two things: They introduce students to some aspect of appellate practice and demand application of one or more of the course's doctrinal topics. In addition to these smaller assignments, students are also responsible for writing an appellate brief. For all assignments, students are provided copies of relevant practice rules, statutes, cases, and other items. No outside research is involved. Students receive individualized feedback on each writing assignment.

The doctrinal portion of the course, and the corresponding small to medium-sized writing assignments, will be covered during the first three-quarters or so of the course. The appellate brief will be completed during the remainder of the class. While working on the brief, each student will have a one-on-one meeting with the teacher to review a draft brief. The student will then submit a final version of the brief.

All students are expected to attend class. Students should prepare for class by reading the assigned materials and completing the writing assignment. Students are expected to discuss the materials and assignments in class. A practice-oriented small class depends on active student participation.

The teacher, Brian Wolfman, is Director of GULC’s full-time Appellate Litigation Clinic and previously co-directed GULC's Institute of Public Representation and Stanford Law School’s Supreme Court Litigation Clinic. He is the former Director of Public Citizen Litigation Group, a public interest law firm in Washington, D.C., where he worked for almost 20 years. He has litigated dozens of cases in federal courts of appeals, state appellate courts, and the U.S. Supreme Court.

In addition, Professor Wolfman's biography also has more information on his background.

Prerequisite: Civil Procedure (or the section 3 course, Legal Process and Society).

Mutually Excluded Courses: Students may not enroll in this course if they are enrolled in the Spring 2017 full-time Appellate Litigation Clinic. Students may not receive credit for both this course and Appellate Practice Seminar.

LAW 504 v01 Appellate Courts Immersion Clinic

J.D. Clinic | 12 credit hours

Please see the Appellate Courts Immersion Clinic website for more detailed information about the program.

For registration-specific supplemental materials, please see the Appellate Courts Immersion Clinic PDF.

For more information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not receive credit for both this course and the Appellate Practice Seminar. Students in this clinic may not concurrently enroll in another class, clinic, externship or practicum.

LAW 504 v00 Appellate Litigation Clinic

J.D. Clinic | 9 credit hours

Please see the Appellate Litigation Clinic website for more detailed information about the program.

For registration-specific supplemental materials, please see the Appellate Litigation Clinic PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not receive credit for both this course and the Appellate Practice Seminar.

Students may not concurrently enroll in this clinic and an externship or a practicum course.

LAW 044 v01 Appellate Practice Seminar

J.D. Seminar | 3 credit hours

The purpose of this seminar is to teach you appellate advocacy skills. You will learn the process of writing an appellate brief, preparing for oral argument, and delivering the argument. In the process, you will receive one-on-one instruction from the professors. We will seek to engage the students in lively class discussion, and we will rely on real-world successes and failures from briefs and oral arguments by practitioners in the federal appellate system.

In the seminar, you will write an appellate brief based on a real case and present a moot oral argument in support of your brief before a panel of appellate judges and/or nationally recognized appellate practitioners. You will have the opportunity to express a preference for which side of the case you wish to represent (appellant or appellee) for purposes of your brief and oral argument. We will provide individualized critiques after you submit a draft of your brief and again after your oral argument. Both the draft and final versions of the student brief must be at least 6,000 words in length, excluding footnotes (or roughly 25 pages).

The professors for the seminar are Lisa S. Blatt, the head of the Appellate and Supreme Court practice at Arnold & Porter Kay Scholer LLP who has argued 35 cases before the U.S. Supreme Court and numerous cases before the federal courts of appeals, and Robert Leider, an associate who joined the practice after clerking for Justice Clarence Thomas and who has experience handling appeals before federal and state appellate courts. We believe that success in virtually any legal career requires excellent writing and oral advocacy skills.

Recommended: Prior or concurrent enrollment in one or both of the following courses: Advanced Legal Writing; Trial Practice.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the Appellate Courts and Advocacy Seminar, or the Appellate Litigation Clinic, or the Appellate Practice Workshop (LAW 049 or LAW 1414).

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 537 v00 Applied Legal Composition

J.D. Course | 2 or 4 credit hours

Students study legal writing from both the writer's and reader's perspectives. Students review documents, analyze scholarship, write criticisms of legal writing, prepare their own texts, and read extensively about the theory of legal composition. Students hold conferences with clients who are currently working on writing projects.

Prerequisite: Legal Practice: Writing and Analysis at Georgetown Law.

Recommended: Legal Writing Seminar: Theory and Practice for Law Fellows.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL and can only be taken by Senior Writing Fellows, who must take this course. Contact the Office of the Registrar if you would like to distribute the credits unevenly between the semesters.

LAW 047 v00 Art and Cultural Property Law Seminar: Indiana Jones and the Elgin Marbles

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will consider the law, public policy and proper practices in connection with the movements of antiquities around the world. U.S. museums are the best in the world at displaying, preserving and examining art objects. But many of those objects have been brought to the United States in the last two hundred years from foreign nations who now want them to be repatriated, claiming they are an essential part of their national heritage. This is precisely the situation in the well-publicized case of the Elgin Marbles, which were brought to England early in the 19th century from Athens pursuant to an agreement between Lord Elgin and the then-occupying Turkish military rulers of Greece. What legal and moral rights are possessed by the Greeks who want these objects back and the British who want to retain them? Broadly, who owns culture -- the world at large or the political state where an object might have been found? To what extent is looting an endemic problem simply because there is a market in the United States and other Western nations for cultural objects and antiquities? We will review many legal and policy aspects of these questions: international treaties, U.S. law establishing a broad public policy for the import of antiquities, the role of the U.S. criminal law, and foreign systems of controlling exports of antiquities. The seminar will include a careful analysis of the text and impact of international conventions, U.S. statutes, and key legal decisions bearing on these issues. We will get a first hand view of museums and foreign nations urging repatriation. The class discussion will kick off with a contemporary case study: the looting of the Baghdad Museum in the early days of the Iraqi War. We were involved in warning the Defense and State Departments of these risks before the invasion, but these warnings were disregarded. There will be no written exam; however, a thoughtful research paper will be required and students are expected to participate in class discussions and to give a presentation, which will have a bearing on the final grade.

Recommended: An undergraduate background in art history, museum studies, or archeology or anthropology would be relevant, but not essential.

Mutually Excluded Courses: Students may not receive credit for this course and Art, Artifacts and Cultural Property Seminar.

Note: Attendance at all class sessions is required, except with prior permission of the professor. All enrolled and waitlisted students must attend the first class to remain enrolled or to be enrolled.

LAW 1329 v00 Art Law Seminar: Images, Objects, and Culture

J.D. Seminar (cross-listed) | 2-3 credit hours

This course will examine major intersections of law and art in the United States, focusing on cases and legislation in light of social, political, and art historical influences. We will consider questions implicated by art law’s myriad incarnations, such as why art receives special legal treatment, how law defines art, and who benefits. Ongoing themes will be the dissonances of existing law with twenty-first century culture and digital technology, and new developments. Areas include freedom of expression, copyright, moral rights, authenticity, the right of publicity, authorship, museums, and the art market, with visits by outside speakers on selected topics.

All students taking the course will be expected to develop original papers reflecting substantial critical engagement with an art law topic of their choice, in satisfaction of the Upperclass Legal Writing Requirement for J.D. students. Participation will also play a significant role in the course, including discussion of assigned readings and short reflection pieces. Classroom time in the latter part of the semester will be devoted to student presentations and feedback.

Learning goals for the course:

Developing skills in critical analysis and scholarly writing; developing proficiency in a body of law and relevant policy concerns; expanding knowledge of doctrinal analysis through close reading of cases, legislation, and related authorities, along with the influences of cultural and historical context.

Recommended: Prior course work in copyright law.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Please submit a brief statement of interest in the seminar by 5:00 pm on Monday, June 4, 2018, to Professor Bonneau (sonya.bonneau@georgetown.edu). Art-related background is not required but may be included in the statement. Professor Bonneau is making her decisions and filling the open slots in the seminar on a rolling basis.

LAW 1266 v00 Art, Artifacts and Cultural Property Seminar

J.D. Seminar | 3 credit hours

Students in this seminar will explore many facets of art and cultural property law, with an emphasis on international and comparative approaches. The course will begin with a comparison of the varying legal definitions of “cultural property” and an examination of the tension between the concepts of “cultural nationalism” and “cultural internationalism.” From this starting point, students will study several international legal regimes, including the World Cultural Heritage program, international law governing the protection of cultural property during armed conflict, and the legal regime designed to curb the international illicit trade in cultural artifacts. Students also will study the arguments undergirding repatriation and restitution debates, from the centuries-old controversies surrounding the Parthenon Marbles and Napoleonic confiscations to recent efforts to resolve World War II-era cultural property restitution claims on both legal and moral bases. Additional topics will include the protection of underwater cultural heritage (including The Titanic cases), protection of indigenous cultural property, anti-seizure regimes for international art loans, and the moral rights of artists to prevent the destruction of their work. Each student must produce a well-researched paper of at least 6000 words, not including footnotes, on a contemporary cultural property law topic that is selected by the student and approved by the instructor.


This class satisfies the Upper Class Legal Writing Requirement.

Mutually Excluded Courses: Students may not receive credit for this course and Art and Cultural Property Law Seminar: Indiana Jones and the Elgin Marbles.

LAW 1628 v00 Artificial Intelligence, Robotics, and the Law: A Comparative Analysis Between the EU and the U.S.

J.D. Seminar (cross-listed) | 1 credit hour

The increasing role of technology in humanity raises constant major challenges to law in a variety of moral, theoretical and doctrinal dimensions. The purpose of this course is to analyze current developments in the fields of Artificial Intelligence ('AI') and robotics through the prism of legal regulation and/or vice versa (analyzing legal regulation through the prism of AI and robotics). Along with discussing the interface of law and technology through a variety of critical theoretical perspectives, the course will focus on specific topics and case studies as “laboratories” for assessing contemporary approaches to law & technology. The topics to be discussed include a new generation of AI crimes, risk regulation in the fields of autonomous vehicles and data protection, up to the current debate on the legal personhood of robots and AI systems.The main objective of this course is to make students aware of the connections between technology and the legal environment and keep them up-to-date with the current discussions worldwide. It is a unique opportunity to further develop technical knowledge on state-of-the-art topics, such as machine learning, neural networks, and 'black boxes.'

The course is worth 1 credit.

Students will write a paper of 2,500-3,000 words, excluding footnotes. This final paper will consist of a case study along the lines of the main topics discussed and analyzed during the course.

Note: WEEK ONE COURSE. This seminar will meet for one week only, on the following days: Monday, January 7, 2019, through Friday, January 11, 2019, 9:00 a.m. - 11:35 a.m. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 030 v00 Asian Law and Policy Studies Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This is a research seminar in which students will present their current research on Asian law and policy at the end of seminar classes where we consider the various areas of law and development which have led to the economic dynamism of the Asia-Pacific region. The impact of the Asia-Pacific region on the world market and global economic activity is substantial and continues to grow. In addition, the conspicuous success and some spectacular failures of Asian nations in legal and economic development have prompted suggestions that the experience of these nations may provide models (both positive and negative) for other developing countries and regions. The seminar will explore--in connection with the role of law and legal institutions--the interaction of social change, economic growth, and legal development in East and Southeast Asia. Specific topics will depend on the research interests of the participants, but will include capital formation, financial regulation, transnational trade and investment, intellectual property, land reform, environmental protection, worker protection, human rights, and similar private and public law issues. The first few classes will introduce elements of development economics relevant to law and development.


Each student will also prepare a substantial academic work of publishable quality and present a 20-30 minute precis of it to the seminar. The student papers are expected to meet or preferably to exceed the requirements of the typical research paper in scope, depth, and quality. Guest speakers may present some classes separately or together with the instructor.

Recommended: Comparative Law (or the equivalent Comparative Law: Legal Systems in Transition) or any course in Asian law.

LAW 2028 v01 Assisted Reproductive Technologies and the Law

LL.M Seminar (cross-listed) | 2-3 credit hours

This 2 or 3 credit seminar will provide an overview of the underlying and competing laws and policies arising from the assisted reproductive technologies (ARTs) that continually make front page news. Since the 1980 opening of the country’s 1st IVF clinic amidst protests and pickets, courts and legislatures have struggled to create laws and policies in response to continually evolving reproductive advances. Topics will include: the legal status of the IVF embryo in the context of procreative rights; embryo cryopreservation, storage, disposition and mix-ups; legal implications of advances in egg freezing, reproductive genetics and oncofertility; posthumous reproduction; egg and sperm donation; traditional and gestational surrogacy; unique issues for single and same-sex couples, including the rapidly changing impact of same-sex marriage; and professional standards, economic and regulatory aspects of the ARTs.

Three national experts in their respective fields will provide guest lectures on: medical advances in ART (including a field trip to a locally based national IVF clinic); psychosocial aspects of donor egg and 3rd party ART; and regulation and public relations for ART providers.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement for JD students. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement for JD students.

LAW 050 v00 Aviation Law

J.D. Course (cross-listed) | 2 credit hours

This course encompasses most aspects of air transportation, including airport and air traffic control liability, air carrier liability in the carriage of passengers and cargo domestically as well as internationally under the Montreal Convention and economic and safety regulation of domestic and international air transportation. The course also includes contributions by practitioners in the field.

LAW 050 v01 Aviation Law

J.D. Course (cross-listed) | 2 credit hours

The course, taught by practitioners in the field, covers contemporary and cutting-edge aviation topics such as international commercial aviation, aviation security, and the integration of unmanned aircraft systems (i.e., drones) into the national airspace. The course material will encompass most aspects of aviation law, including the law of international civil aviation, the economic and safety regulation of air transportation, aircraft registration and certification, aircraft accidents, airport law, government immunity from tort liability, and airline liability for the carriage of passengers and cargo domestically and internationally under the Montreal Convention.

LAW 054 v05 Bankruptcy

J.D. Course | 3 credit hours

This course offers a general introduction to bankruptcy law, covering both individual and business bankruptcy. The course begins with a brief analysis of state debt collection rules outside of bankruptcy, before moving on to the Bankruptcy Code (Chapters 7, 11, and 13). Slightly less than half the course is devoted to consumer bankruptcy (classes 2-11), and the remainder to business bankruptcy (classes 12-25). This class offers students the chance to sharpen their statutory interpretation skills, and to consider the policy issues underlying the law of debt and debt forgiveness. Knowledge of bankruptcy law will be valuable in a range of legal practice settings, both in representing low-income consumers as well as in transactional work on behalf of corporate clients.

STUDENT LEARNING OUTCOMES 
At the end of the course, students should be able to: 
• Demonstrate knowledge of chapters 7, 11, and 13 of the federal Bankruptcy Code and related bodies of law 
• Interpret the Bankruptcy Code and related statutory provisions, and apply these rules to new sets of facts 
• Communicate legal analysis in an organized fashion, both orally and in writing

Recommended: Prior or concurrent enrollment in one of the following courses: Commercial Law: Secured Transactions; Commercial Law: Secured Transactions and Payment Systems.

Mutually Excluded Courses: Students may not receive credit for this course and Bankruptcy and Creditors' Rights or Financial Restructuring and Bankruptcy or Bankruptcy and Corporate Reorganizations.

LAW 1316 v00 Bankruptcy Advocacy (Project-Based Practicum)

J.D. Practicum | 4 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professor. This project-based practicum course will focus on bankruptcy litigation. Students will participate in a two hour/week seminar and carry out 10 hours/week of project work under the direction of the course professor.

SEMINAR: The basic goal of this practicum is to provide law students with the opportunity to learn and then to apply litigation skills at both the trial court (bankruptcy court) level, as well as the appellate level. More broadly, the practicum will seek to demonstrate the centrality and significance of the bankruptcy law system in the context of our credit-based economy. Key themes will be evaluated including the tension between providing debtors with a fresh start and the need to provide creditors with protection of property rights. The impact of bankruptcy law will be examined at both the individual level in various contexts, such as the importance of a discharge action, as well as the broader macro level in discussions about the impact on credit cost and credit availability. Students should finish the course with a deeper appreciation of the litigation skills required to either try a bankruptcy case or to appeal from an adverse ruling, as well as the underlying goals and policies of bankruptcy law, and the impact on individuals and businesses.

PROJECT WORK: In Spring 2019, this practicum will seek right to give students an opportunity to assist in the writing of an actual amicus curiae brief to be filed in a pending matter before the U.S. Supreme Court, or one of the Circuit Courts. The topic typically includes a matter of national importance in the area of consumer bankruptcy law.

The students may be able to attend the moot court for counsel for one of the parties, and, depending on the Court's schedule, the actual oral argument.

The student work will be consistent with the District of Columbia’s rule on the unauthorized practice of law (Rule 49) which makes it impermissible for students to practice law to present themselves as attorneys in any way.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Mutually Excluded Courses: Students may not concurrently enroll in this practicum course and a clinic or another practicum course. Students may concurrently enroll in this practicum course and an externship.

Note: LL.M. students may enroll in this course, space permitting, provided they have excellent U.S.-based legal research skills and English language writing ability. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.

This is a four-credit course. Two credits will be awarded for the two-hour weekly seminar and two credits will be awarded for approximately 10 hours of project work per week, for a minimum of 11 weeks. Both the seminar and the project work will be graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 054 v01 Bankruptcy and Creditors' Rights

J.D. Course (cross-listed) | 3 credit hours

This course is a general introduction to bankruptcy law. The course begins with a brief analysis of various state laws that relate to or are directly incorporated into the bankruptcy law. Judicial and statutory liens, execution, garnishment, debtors' exemptions, and fraudulent conveyances are reviewed. The course then moves to a consideration of the Bankruptcy Code. Topics include: initiation of bankruptcy proceedings; the automatic stay; property of the bankruptcy estate; the trustee's avoiding powers, including preferential transfers and fraudulent conveyances; secured, priority, and unsecured creditors' rights; debtors' exemption rights; the discharge of debt; liquidation under Chapter 7; and rehabilitation plans under Chapters 11 and 13.

Recommended: Prior or concurrent enrollment in one of the following courses: Commercial Law: Secured Transactions; Commercial Law: Secured Transactions and Payment Systems.

Mutually Excluded Courses: Students may not receive credit for this course and Bankruptcy or Financial Restructuring and Bankruptcy.

LAW 054 v02 Bankruptcy and Creditors' Rights

J.D. Course | 3 credit hours

This course deals with all facets of corporate reorganization under Chapter 11 of the United States Bankruptcy Code. It is designed to familiarize students with the central legal principles underlying reorganization and other remedies offered by Chapter 11 to business debtors, including the protections offered to creditors and other parties in interest in Chapter 11 cases. The course will deal with the responsibilities of counsel and the duties of the debtors and creditors committees. After completing the course, you will be able to counsel clients and to make persuasive arguments with respect to most basic issues arising in Chapter 11 cases. You will gain an understanding of business, commercial and financial concepts that underlie the reorganization of businesses. The reorganization of troubled companies is a multi-disciplinary task that brings to bear many other professional skill sets (including the skills of financial advisors, investment bankers, lenders, and accountants). You will also be shown how other areas of the law (including secured transactions, real property, securities, corporate, corporate finance, litigation, and employment law) may become material to a reorganization. The course is designed to be highly interactive. Class participation is welcome and strongly encouraged.

Mutually Excluded Courses: Students may not receive credit for this course and Bankruptcy or Financial Restructuring and Bankruptcy or Corporate Reorganization and Business Bankruptcy.

Note: The last class will meet on Thursday, December 4, 2014, 3:30 p.m. - 5:30 p.m.

LAW 1358 v00 Bankruptcy Seminar: Advanced Business Reorganizations and International Insolvency Law

J.D. Seminar | 3 credit hours

This seminar will address advanced reorganization issues, problems, and techniques under Chapter 11 of the Bankruptcy Code. It will also explore the manner in which different countries provide for the reorganization of insolvent businesses and the treatment of cross-border insolvencies under Chapter 15 of the Bankruptcy Code. General familiarity with basic bankruptcy concepts will be assumed, and a prior or concurrent course in bankruptcy law is generally required. Discussions will focus on such issues as complex asset sales in bankruptcy, claims trading, plan negotiations, the use of bankruptcy to restructure claims in mass tort contexts, channeling injunctions, the financing of reorganizing firms, and the treatment of plans of reorganization approved by foreign bankruptcy courts. Students should expect a lively discussion of advanced bankruptcy topics of contemporary and enduring importance. A paper is required; 2 credits will be awarded for a standard seminar paper, an additional credit will be awarded for a substantial research paper.

Prerequisite: Prior or concurrent enrollment in Bankruptcy Law.

LAW 002 v05 Bargain, Exchange and Liability Part I: Agreements

J.D. Course | 3 credit hours

Explores how and why the law regulates private agreements. Doctrinal topics fall into three major groups: contract formation, the construction of contracting parties’ legal obligations and remedies for failure to perform. More specific topics include the regulation of consumer contracts, recent developments in the enforcement of arbitration clauses, the choice between formalist and contextualist approaches to interpretation, the relationship between contracting parties’ moral and legal obligations, and the economic analysis of contract law.

Note: This is a required course for first year students only.

LAW 002 v06 Bargain, Exchange and Liability Part II: Risks and Wrongs

J.D. Course | 3 credit hours

Explores the basic principles governing private lawsuits for damages for non-contractual wrongs, including the concepts of risk, intent, causation, strict liability, liability based on fault, intentional and negligent interference with personal and property interests and defenses thereto, recoverable damages, and related problems. Special emphasis will be given to the social, political, and intellectual history of American tort law, particularly in light of modern jurisprudential movements such as formalism, realism, economic analysis, and corrective justice.

Note: This is a required course for first year students only.

LAW 002 v02 Bargain, Exchange, and Liability

J.D. Course | 6 credit hours

Explores the ways in which the law can regulate relationships between individuals. The first half of the course examines the legal doctrines applicable to relationships between strangers. The second half examines the greater range of instruments for regulation that are available when the parties know one another and thus are in position to define their relationship by contract. The unifying theme of the course is examining the ways in which these two areas intersect and interpenetrate. Thus, for example, should the law regulate the relationships between strangers by imagining what they would have agreed to if they had had a chance to negotiate between themselves to define their own relationship (put another way, should the law mimic the market)? Conversely, should the law impose constraints upon contracting parties that deprive them of full negotiating freedom, and if so to what end (put another way, should the law interfere with the market)?

Note: This is a required course for first year students only.The topics examined in this course are found in the traditional curriculum in the Torts and Contracts courses.

LAW 104 v04 Behavioral Law and Economics Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

Humans are imperfect. They misperceive facts, lack willpower, don't know what makes themselves happy, take mental shortcuts, get impatient, can't do math. Should these facts matter for the design of legal systems? For example, should the law protect mistaken consumers, or would doing so only discourage buyers from learning to overcome their shortcomings? This seminar explores these questions in a number of legal contexts, including not only consumer protection but also criminal law, public finance, administrative law, corporate law, and others. We will begin with a brief review of basic economic concepts such as utility, supply & demand, expected value, and rational choice under uncertainty.

Each subsequent unit of theory will be paired with a practical policy issue, allowing us to learn and apply the theory in a concrete context. Topics include the phenomena of “satisficing,” impatience, salience, loss aversion, over-confidence, cognitive dissonance, and adaptive preferences, as well as the more general debate over government “paternalism.” Students will write weekly responses and research paper.

LAW 104 v01 Behavioral Law and Economics: An Introduction

J.D. Course (cross-listed) | 1 credit hour

The economic analysis of law has predominated much of legal analysis for the past few decades. Within this framework, rational choice theory has taken central stage as the key model used in order to predict human behavior. In recent years, however, researchers both in economics and in psychology have demonstrated that people systematically deviate from the predictions set forth by the rational choice model. The goal of this course is to incorporate these findings into legal analysis. In doing so we will first examine traditional economic analysis of law, and then explore how the conclusions of this analysis are altered when behavioral insights are incorporated into it.


Topics that will be discussed in the class include: contract law and contracting, tort law, litigation and settlement negotiations, and the behavior of judges and jurors.

Note: In Spring 2017 this course will meet on Mondays and Wednesdays and one Friday, 9:00 am - 11:00 am on the following dates: 4/3, 4/5, 4/7, 4/10, 4/12, 4/17, and 4/19.

LAW 1354 v00 Best Practices for Justice: Prosecutors Working to Improve the Criminal Justice System (Project-Based Practicum)

J.D. Practicum | 4 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of the professors. This project-based practicum course will work with the Prosecutors’ Center for Excellence to focus on emerging issues of importance to prosecutors and will provide opportunities for doing research that will support the growing national movement of prosecutors who are developing statewide Best Practices Committees. Students will participate in a two hour/week seminar and carry out 10 hours/week of project work under the direction of the course professors.

SEMINAR: The criminal justice system is undergoing a period of re-examination and reform. The Prosecutors’ Center for Excellence (PCE) is working with prosecutors to improve the criminal justice system and to assess emerging issues. PCE supports the development and growth of statewide Best Practices Committees that provide an on-going process for prosecutors to be part of this national discussion. Twenty states have formed such committees, with more states in the development phase. The critical topics being addressed by Best Practices Committees and covered in the practicum will be:

  • Concerns about identification of the perpetrator, including current research on memory and development of identification procedures
  • Ensuring the integrity of statements of the accused, including interrogation methods, articles on false confessions, and recording of statements
  • Managing forensic evidence, including new forensic science, laboratory standards, and dealing with problems in forensic science
  • Exploring the challenges of digital evidence, including using digital evidence for investigative purposes, privacy vs. public safety, and ethics and digital evidence
  • Engaging in an understanding of prosecutorial ethics, including law enforcement ethics and conviction integrity units
  • Reducing crime and building community trust, including community prosecution, crime strategy units, and research on crime prevention

PROJECT WORK: Under the direction of the professors, students will engage in:

  • Legal work for the Prosecutors’ Center for Excellence, which supports practicing prosecutors and the growing number of statewide Best Practices Committees for prosecutors. More specifically, students may work on emerging issues facing the criminal justice system relating to: identification procedures, statements of the accused, forensic evidence, digital evidence, ethics, and how to reduce crime and build community trust. Students will have individual or group assignments, depending on the topic.

Learning Objectives:

The course objective to to expose students to policy issues facing prosecutors on a variety of topics ranging from ethics to forensics to community engagement.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Recommended: A course in criminal law is recommended, but not required.

Mutually Excluded Courses: Students may not concurrently enroll in this practicum course and a clinic, or another practicum course. Students may concurrently enroll in this practicum course and an externship.

Note: This practicum course is open to LL.M. students, space permitting. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.

This course may be suitable for evening students who can commit to attending class and undertaking 10 hours/week of project work. Much of the project work may be done outside of business hours.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits will be awarded for approximately 10 hours of supervised project work per week, for a minimum of 11 weeks. Both the seminar and the project work will be graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 3026 v00 Beyond the IPO: Exempt Securities Offerings

LL.M Seminar (cross-listed) | 2 credit hours

The course offers an in-depth study, both from the regulator’s and private practitioner’s perspectives, of frequently invoked exemptions from the registration requirements of the Securities Act of 1933 that otherwise apply to offerings of securities.

Students successfully completing this course will be positioned to analyze whether a particular transaction exemption under the Securities Act is available and, if so, how to maximize its protections.  The course will emphasize the “nuts-and-bolts” of the transaction exemptions as well as the circumstances and motivations under which the exemptions are sought and claimed.  The major topics to be taught will include the Section 4(a)(2) private offering exemption and the Rule 506(b) safe harbor thereunder, Securities Act Rule 144, Regulation Crowdfunding, and Regulation A.  The course will also cover topical developments such as recent efforts to use transaction exemptions for initial coin offerings (ICOs).  In that most securities transactions take place pursuant to an exemption, this course will provide an opportunity for students to analyze and structure securities transactions and will heighten their understanding of an evolving area of securities law.

Prerequisite: Prior or concurrent enrollment in Securities Regulation.

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35248. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 284 v01 Bioethics and the Law Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar investigates legal, ethical, and social problems raised by developments in health, medicine and the biological sciences through the study of selected subjects that vary from year to year. Issues covered might include death and dying, genomics, reproductive technologies, fetal treatment and research, experimentation with human subjects, and societal controls on scientific advances.

LAW 3038 v00 Biosecurity and the Law

LL.M Seminar (cross-listed) | 2 credit hours

This course is designed to provide students an understanding of current and emerging issues concerning biosecurity and relevant law. Recent global acts of terrorism coupled with sophisticated advances in biotechnology present a host of complex issues driving biosecurity analysis and discussion. We will examine both the history and current state of bioterrorism threats with an emphasis on the legal and ethical challenges as we "sort out" best methods for moving forward. Our analysis will explore the recent Zika and Ebola threats as well as the threats posed by prior H1N1, SARS, anthrax, smallpox, SARIN, Ricin, and even the possibilities stemming from genetically engineered once thought "dead" bio-threats. Our method of instruction will focus on significant legal challenges each week. We will however, use past examples of quarantine and cordon sanitaire applications to instruct as how best to legally address future possible pandemics. Within our course exercises, students will be assigned healthcare and legal roles in order to gain insight as to management of a true healthcare crisis. Guest speakers with knowledge of crisis management will be invited to share personal experiences and advice concerning future pandemics. We will also examine recent legislation, both domestic and international, with a view toward a better understanding of the complex challenges within biosecurity.

LAW 056 v00 Biotechnology and Patent Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This course examines a variety of legal and policy issues associated with the intellectual property protection available to biotechnological innovations, with an emphasis on patents.

Specific issues that will be examined within this framework include legal utility; conception and reduction-to-practice of biological molecules; anticipation and obviousness of nucleic acids; written description and enablement requirements for biological processes and molecules; experimental use; export and import issues; infringement; and potentially developments outside the US.

Course readings rely primarily on cases, statutes, and regulations. A biotechnology background is not necessary.

Prerequisite: Patent Law or patent law experience.

Note: J.D. students must register for the three-credit section of the course if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. A take home exam is required for the two-credit section.

LAW 1431 v00 Black Lives Matter and the Law

J.D. Seminar (cross-listed) | 3 credit hours

This course will explore the “Black Lives Matter” movement as a nascent social movement for racial justice. In addition to understanding BLM’s fundamental concepts and arguments, students will emerge from this class with a clear understanding of the historical context of the movement, the role that the lawyers and the law have played in the movement thus far, and the place of the law in the movement as it continues. In analyzing the key moments in the BLM movement over the past two years, the course will focus on the history, theory, and practice of racial justice advocacy in the United States, the key cases and responses that have emerged since the Ferguson moment, and the role of lawyers and law students in policy and police reform, litigation, and forms of rebellious lawyering for social change.

LAW 1175 v01 Borders and Banishment Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This course explores practices of border fortification, incarceration, criminal law enforcement, and immigration policing. Migration and incarceration—borders and banishment—present some of the most pressing legal and moral controversies in contemporary public life. Over the past two decades, criminal-immigration matters have become the most commonly prosecuted federal crimes; populations in prison, jail and immigration detention have dramatically increased; and though major proposed immigration reforms are stymied in Congress, pressures for reform in both the immigration and criminal contexts continue to mount.

The course will begin by considering the historical, social psychological, and legal foundations of border fortification and banishment practices. Then, attention will turn to some of the crises that pervade border enforcement, policing, and incarceration settings—from the presence of millions of people in the United States without legal status, to the explosion in criminal and immigration detention, police violence, and the widespread problem of sexual assault and prison rape. Reformist alternatives to the status quo in immigration and criminal legal processes will be considered, including through examination of social movement projects, prisoner advocacy, and public interest practice settings focused on relevant reform. Course readings and discussion will center on proposed criminal and immigration law reform and more far-reaching alternatives to borders and banishment. The course will conclude by investigating various abolitionist efforts to think and work beyond borders and banishment. Students will reflect in class and in writing on the various components of the course in relation to their own interests.

There are no prerequisites. All students are welcome.

Recommended: Criminal Justice, Criminal Law, Immigration Law.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Please email Professor Allegra McLeod (mcleod@law.georgetown.edu) and Roger Bourcicot (rb1372@law.georgetown.edu) by 5:00 pm on Monday, June 4, 2018 expressing your interest in taking the seminar. Please include whether you want to take the course for 2 or 3 credits.

FIRST AND SECOND CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the first and second class sessions in order to be eligible for a seat in the class.

This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1427 v01 Brexit and the Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This two-credit seminar (or three credits if writing intensive) is designed to give students an opportunity to explore and research the many legal issues raised by Brexit, along with an opportunity to write a potentially publishable paper.  Each student will select a Brexit-related topic on which to focus their paper and will receive assistance in the research and writing process.  Seminar sessions will examine trade and investment law raised by the Brexit vote by the United Kingdom (UK) to withdraw from the European Union (EU).  The course will explore the legal consequences of Brexit, including the possible future legal relationships between the UK and the European Union; between the UK and the WTO; and between the UK and third parties, including the United States.   The course will also focus on the current and on-going negotiations between the EU and the UK over the impending withdrawal agreement, with a focus on the negotiating objectives and mandates for each side and the options for achieving a mutually agreed resolution.  In addition, the course hopes to foster an understanding of the way in which EU law has come in to the UK and what of that EU law is likely to remain in the wake of the UK’s “Great Repeal Bill.”

Note: J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the two-credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 136 v02 British Legal History Seminar: from the Celts to the Industrial Age, 1-1890 C.E.

J.D. Seminar | 3 credit hours

The American systems of law and government embodied in the federal and state constitutions at the time of the Founding were deeply influenced by British constitutionalism and the English common law tradition – an influence that continues to be felt to our times. This course encompasses a multilateral and comparative exploration of that legal and constitutional heritage. It begins with the earliest known native systems of law in the mists of antiquity, followed by the impacts of the conquests and incursions of the Romans, Anglo-Saxons, Vikings, Danes, the Normans and their successors up through the American revolution to the dawn of the Industrial Age. Whether we are looking at the collisions and interactions of Roman, Celtic, Anglo-Saxon and Nordic cultures in the earlier periods or the colonial crossroads of 18th century British-America, a juridical plurality is revealed that belies the exclusive centrality and influence of the English common law found in nearly every major Anglo-American legal history text.

The style of the course is that of a general survey balancing the more familiar English history with coverage of the juridical histories of Wales, Scotland, Ireland, and the imperial dominions of British-America in order to provide a useful corrective to the common perception that only English traditions and institutions are relevant to understanding and appreciating the origins of American law and government. A tour of the rare legal materials held by the Library’s Special Collections is an integral part of the course as well.

Students will take a final take-home exam consisting of 3-5 essay questions.

LAW 1468 v00 Business and Financial Basics for Lawyers

J.D. Course (cross-listed) | 2 credit hours

This course covers basic business concepts that are useful across many areas of legal practice. First, it introduces financial accounting, with a focus on understanding and using financial statements. Second, it deals with core financial concepts, such as the time value of money, risk versus return, and methods for valuing assets. Third, the course discusses the basic categories of financial instruments: debt, equity, and derivatives. Although these topics all inevitably involve numbers, mathematical complexity is kept to a minimum. Much of the reading consists of excerpts from case law, which illustrate business concepts and their relation to legal practice.

Mutually Excluded Courses: Students may not receive credit for this course and Demystifying Finance: A Short Course for Law Students or Business Basics for Lawyers.

Note: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

LAW 1394 v00 Business and Human Rights (Fieldwork Practicum)

J.D. Practicum | 4 credit hours

In fieldwork practicum courses, students participate in weekly seminars and conduct related fieldwork at outside organizations. This fieldwork practicum course is designed to give students familiarity with the field of business and human rights through a seminar in which we will explore the evolution of the field and the major issues that arise within it, combined with a placement in an organization that is working in some way on business and human rights issues. Students will participate in a two hour/week seminar and undertake at least 10 hours/week of fieldwork with organizations in the Washington, DC area that are involved in working on business and human rights issues.

SEMINAR: The seminar will give students an understanding of the challenges in holding multinational companies accountable for the adverse impacts of their operations. We will examine how the modern global corporation is organized around extensive supply chains, the ways in which its formal legal structure can enable it to avoid responsibility for the full range of impacts that it creates, and the successes and limitations of attempts to address this problem through litigation. We will then turn to the emergence of the concept of human rights as a key conceptual tool in the effort to surmount the limits of conventional litigation and regulatory strategies. This will involve discussion of incidents that served as the impetus for this development, and the human rights instruments that provided the basis for human rights claims.

We will then examine in depth some of the types of impacts that can constitute rights violations, relating to concerns such as forced labor, human trafficking, unsafe working conditions and wage theft, physical abuse, forcible displacement, environmental degradation, child labor, sex discrimination, freedom of expression, and privacy. This will provide an opportunity as well to examine the range of responses to such abuses and their effectiveness, such as voluntary industry standards; guidelines established by international organizations such as the United Nations and the Organization for Economic Cooperation and Development, and the International Labor Organization; mandatory disclosure provisions such as the California and UK Human Trafficking statutes; voluntary disclosure programs; international finance standards; procurement regulation, and other measures. Students will also learn about issues that are distinctive to particular economic sectors, such as the extractives, apparel, and information and communications technology industries. Finally, we will focus on how businesses can incorporate human rights concerns into their operations in order to comply with the duty of respect articulated by the UN Guiding Principles on Business and Human Rights.

FIELDWORK: Students will be placed with organizations in the Washington, DC area that are involved in working on business and human rights issues. These may include NGOs, corporations, bar associations, and international organizations. Students will work on a variety of types of projects that further the mission of their particular organizations. These may include legal research; advising, training, and educating community groups; gathering information on the effectiveness of voluntary standards; compiling information on adverse human impacts of different types of activities or in different sectors; helping to devise remedies for human rights violations; preparing staff for and participating in meetings with government, business, and/or non-profits organizations; helping advise on possible legislation; submitting reports to international organizations; helping with human rights due diligence efforts; and others.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and an externship, clinic, or another practicum course. Students may not receive credit for this practicum and Human Rights at the Intersection of Trade and Corporate Responsibility.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Students must submit a resume and statement of interest to Professor Mitt Regan (regan@law.georgetown.edu) by Monday, June 4, 2018. After June 4, if seats remain open in the course, students will be admitted on a rolling basis.
This practicum course is open to LL.M. students, space permitting.

This course is suitable for evening students who can attend the weekly seminar and conduct at least 10 hours of fieldwork/week during normal business hours.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits for approximately 10 hours of fieldwork per week, for a minimum of 11 weeks, to be scheduled with the faculty. The fieldwork must be completed during normal business hours. The two-credit seminar portion of this practicum will be graded. The two credits of fieldwork are mandatory pass/fail. Students will be allowed to take another course pass/fail in the same semester as this practicum.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and fieldwork components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1351 v00 Business and Its Regulation (D.C. Advantage Practicum)

J.D. Practicum | 9 credit hours

In a D.C. Advantage practicum course, students participate in a weekly seminar and work for 25 or 30 hours/week in a related placement they have secured themselves. This D.C. Advantage practicum course is designed to give students who are working in a placement related to business regulation the tools they need to succeed at work as well as insights about the impact of the regulation on business entities.


SEMINAR: This three-credit seminar will focus on a deep understanding of the legal, policy, societal, business and strategic aspects of regulation and its impact on entrepreneurs as well as established businesses in a wide variety of industries. The regulatory process and framework, the impact and cost of regulation on a series of general and specific stakeholders (both intended and unintended consequences), the enforcement of regulation and striking the right balance in the degree of the regulation of business will all be explored. The course will then focus on a series of industry-specific “drill-downs” that will examine how particular industries are regulated and the impact of their roles on day-to-day business operations. Guest speakers will include business leaders, regulators/in-house counsel at regulatory agencies and companies, accomplished regulatory lawyers and others involved in the federal and state regulatory framework.


FIELDWORK: Students in this program will work for 25 or 30 hours per week, for at least 11 weeks, in a public sector placement related to business regulation, and must be closely supervised by an attorney from that office. Students are responsible for finding their own placements, and must have the placement offer when applying to the program. They will earn 5 pass/fail credits for 25 hours of fieldwork or 6 pass/fail credits for 30 hours/week of fieldwork.

Prerequisite: Prerequisites: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Required co-requisite: Every student taking a D.C. Advantage practicum must concurrently enroll in at least one additional course that relates to the fieldwork he or she will be doing.

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and a clinic, externship, or another practicum course.


This course is mutually exclusive with all other D.C. Advantage practicum courses and the externship program (that is, a student may do only one D.C. Advantage practicum while at Georgetown Law and may not do both a D.C. Advantage practicum and an externship during his or her time here.) Students who completed one externship before this rule went into effect (Fall 2016) may seek a waiver and are still eligible to take this course. Under no circumstances may participants in this course concurrently or subsequently enroll in an externship. This course is also mutually exclusive with the summer Business Law Scholars program.

Note: This course is open to J.D. students only.

Students must apply to this program through an online application that will be made available during the Fall 2016 semester. We will update this page with a link to the application as soon as it is available.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. A student wishing to withdraw from the course will be withdrawn from both the seminar and fieldwork components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar, or one week of unexcused absences from the fieldwork or project work, may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1443 v00 Business Basics for Lawyers

J.D. Course | 2 credit hours

How much will $10 today be worth in 10 years? How much do I need to have today in assets if I want to be worth $10,000,000 in 10 years? What does value creation mean in the context of a corporation? How do I value a lump sum payment for future damages in a settlement negotiation for copyright infringement?

Business Basics for Lawyers, a two-credit pass/fail course, tackles these very questions and more. The purpose of the course is to introduce basic principles of business, such as finance and accounting, to enhance a lawyer's ability to navigate business issues as relevant to successful representation of clients and the general practice of law. Emphasis lies on core concepts, essential vocabulary and basic tools of business.

The course does not assume any prior quantitative knowledge beyond basic algebra. While attention will be paid to financial issues, the goal lies not on mastering the technical skills but on developing an understanding of how that information can be applied and used in the effective practice of law. The course will rely heavily on a series of case study discussions that demonstrate how an understanding of business can empower lawyers.

Course evaluation will include both class participation and a final examination to ensure that proficiency is developed in analyzing and using basic financial and accounting information.

Mutually Excluded Courses: Students may not receive credit for this course and Demystifying Finance: A Short Course for Law Students or Business and Financial Basics for Lawyers.

Note: This course enrolls via the waitlist process only. This course will be offered initially to students already waitlisted for Demystifying Finance (Week One 2017 section).

The course will meet Monday, January 9 – Thursday, January 12, 2017, 9:00 a.m. - 4:45 p.m. The course will be graded on a pass/fail basis and will not count towards the 7 credit pass/fail limit.

WEEK ONE COURSE. FIRST CLASS ATTENDANCE IS MANDATORY. Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 1372 v00 Business Essentials: A Mini-MBA for Lawyers

J.D. Course | 3 credit hours

A common complaint of recent law school graduates is that they wish they had been exposed more in law school to the realities of the business marketplace. A common complaint of business people about recent law school graduates is that the graduates have too little understanding of basic business principles and the realities of business. In today’s business environment, brutal competition and rapid disruptive change is the norm. The accelerating pace of change – fueled by global competition and technological innovation – is widening this knowledge and experience gap between businesspeople and recent law school graduates. This course attempts to bridge that gap by exposing law students to the essential business skills needed for understanding and advising future clients who run private sector companies, government agencies, or non-profit entities. It will also expose students to the managerial aspects of running a law firm or any business.

This course is focused on providing a basic understanding of theory and skills in areas of general management, leadership, strategic thinking, sales, marketing, finance, operations, technology, entrepreneurship, negotiations, and personal career management. Unlike the typical law school course, the reading materials for this course will focus primarily on business case studies, with each student being asked to analyze what they would do if faced with the business problem presented in the reading. Students should prepare to be actively engaged in each class discussion. In addition to active, ongoing participation, students will be evaluated on several short writing assignments (i.e., 2-3 page papers analyzing selected case studies); their performance in an in-class group presentation, and a final in-class exam.

LAW 1262 v00 Business Law Scholars Program

J.D. Seminar | 2 credit hours

The Business Law Scholars Program is designed for students who will be working in a business law-related internship/job over the Summer of 2016 and who wish to simultaneously develop their expertise and skills in this area through a related course. It is open to students who have completed their first year.

SEMINAR: The Business Law Scholars course will be taught by Professor Andrew J. Sherman, a partner in the Washington office of Jones Day. Through the course, Business Law Scholars will develop skills in strategic planning, corporate finance, human capital and governance, capital formation, management and communication, the protection and harvesting of intangible assets, business transactions, and effective client management. Students will be expected to maintain weekly journals of their field experiences and be prepared to discuss these experiences in a facilitated discussion lead by Professor Sherman. The quality and depth of the journal entries and experiential learnings are a critical part of the overall grade for the course. The course will meet on Wednesdays throughout the eight-week summer session, from 5:45 p.m. - 9:05 p.m. Business Law Scholars will also have the opportunity to participate in professional networking events through the course.

FIELDWORK: Business Law Scholars must find their own business law-related internships/jobs at law firms, associations, government agencies, non-profits, in-house departments, or other business law-related positions and commit to working 30 hours/week. For the purpose of this program, the definition of business law is broad; we ask that applicants explain how their work relates to business law in the application (see below). Students must be supervised by a lawyer.

APPLICATION PROCESS: To apply to be a Business Law Scholar, please send the following documents to Rachel Taylor, Assistant Dean of Experiential Education (rst@law.georgetown.edu)by 9:00 a.m. on Friday, April 1, 2016:

  1. A resume
  2. Responses to the following questions:
  • Where is your placement?
  • Who will be supervising you? Is this person an attorney? What is their position within the office?
  • What will your responsibilities be? Will your work be legal in nature?
  • How many hours/week will you be working?
  • How will your work relate to business law?
  • Why are you interested in taking this course?

Any student who has not secured a placement by the April 1 deadline may still apply and should discuss the status of their potential fieldwork options in their application materials. Seats will be awarded first to those students who have placements lined up; if space permits, however, others may be admitted as placements are subsequently confirmed.

All Business Law Scholars must attend the seminar sessions in-person. It is not possible to participate in this program remotely.

All Business Law Scholars will receive two credits for the course. Those Scholars who work for a non-profit business entity and are not being paid may elect to earn three additional pass/fail credits for their fieldwork.

Mutually Excluded Courses: Students may not receive credit for this course and for the program D.C. Advantage: Business and Its Regulation.

Students may not concurrently take this course and an externship.

LAW 058 v03 Business Planning Seminar

J.D. Seminar (cross-listed) | 3-4 credit hours

This seminar integrates issues of corporate, securities and tax law using a problem approach in the context of business planning and counseling. Several problem situations involving common business transactions are examined extensively. Some of the problems considered may include: (i) incorporating a sole proprietorship or professional practice; (ii) analyzing financial statements; (iii) raising private capital for a new business venture; (iv) planning for an initial public offering of securities; and (v) planning corporate turnarounds. Students learn and utilize negotiation skills involved in the purchase/sale of a business venture. From time to time, students are required to submit memoranda on certain aspects of the problems under consideration. On occasion, students will work together in small groups, and at other times may be responsible for individual work. Students will be expected to perform work similar to attorneys in private practice. The written work is in lieu of an examination.

Prerequisite: Corporations; Federal Income Taxation (formerly Taxation I).

Strongly Recommended: Securities Regulation. Students who wish to take this seminar should make every effort to fulfill the prerequisites in their second year of the full-time program or third year of the part-time program.

Mutually Excluded Courses: Students may not receive credit for this seminar and International Tax and Business Planning Workshop or Corporate Transactions: Negotiating the Deal and Drafting the Documents.

LAW 058 v08 Business Planning Seminar

J.D. Seminar | 3 credit hours

This seminar will introduce students to the various legal and business considerations – including corporate, securities and tax law, accounting and finance – that arise in forming, financing, and operating an early stage emerging growth company. During the course we will take a hypothetical startup company through a series of transactions from formation through a first round of venture financing. Students will work individually and will be expected to complete short weekly written assignments and three lengthier assignments consisting of memoranda or draft legal documents. The written assignments will be similar to work actually done by attorneys in private practice. The grade will be based on class participation and the quality of the written assignments; there will be no exam.

Prerequisite: Corporations and Federal Income Taxation (formerly Taxation I).

Strongly Recommended: Prior or concurrent enrollment in Corporate Taxation (formerly Taxation II); Securities Regulation.

Mutually Excluded Courses: Students may not receive credit for this seminar and Corporate Transactions: Negotiating the Deal and Drafting the Documents or the LL.M. course International Tax and Business Planning Workshop.

LAW 1620 v00 Campaigning for Public Office

J.D. Seminar | 2 credit hours

This simulation course will provide students with the fundamentals of organizing, managing, and executing an effective campaign for political office, within a bipartisan context grounded in ethical public service. Each enrolled student must identify a local, state, or federal public office that they plan to run for (plans to run for this office can be tentative and prospective). Students will then learn campaign basics, message development and delivery, fundraising strategies, communication and media strategies, applicable campaign finance and election laws, and debate preparation. Students will prepare and give “stump” speeches and participate in a simulated candidate forum. Students will also develop policy platforms and learn how to assess and respond to the needs of a constituency and the public.

Note: MANDATORY FIRST CLASS ATTENDANCE. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

Students may not withdraw from this class after the add/drop period ends without professor permission.

LAW 090 v00 Capital Punishment Seminar

J.D. Seminar | 2-3 credit hours

This seminar focuses on the substantive law of capital punishment and on the procedural aspects of post-conviction proceedings. The course will include an examination of the history of death penalty jurisprudence, habeas corpus, recent U.S. Supreme Court cases, public policy issues, and state and federal death penalty statutes. The writing requirement offers students an opportunity to write on a topic of their choice pertaining to the death penalty.

Note: This seminar requires a paper. Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 1037 v00 Catholic Social Thought and Economic Justice

J.D. Seminar (cross-listed) | 2 credit hours

The core readings for this course are a series of papal “encyclicals”—analyses which summarize Catholic teaching regarding the social and economic order, from 1891 to 2009, and commentaries on these documents which draw connections and pose questions about legal categories and structures. The materials in the first three weeks aim to help students understand and thoughtfully engage the philosophical underpinnings and core concepts of Catholic social thought. In the following weeks, the readings explore consider how the Catholic social thought system has been applied to specific areas of economic justice with a particular focus on legal structures and practice.


This seminar requires a series of short reflection and reaction papers which aim to facilitate thoughtful student participation in seminar discussions throughout the course. The final paper is not a research project, but a short engagement (about 8 pages) with a particular set of issues arising from across the range of topics covered in the course. This course does not satisfy the JD Upper Level Writing Requirement.

LAW 1037 v01 Catholic Social Thought and the Law Seminar: The Work of Pope Francis

J.D. Seminar (cross-listed) | 2 credit hours

This course aims to help students develop critical skills to identify the ways in which varying frameworks, including those informed by personal and religious values, might shape perceptions of law. The focus will be on Catholic social thought, a corpus of theological and philosophical reflection on the social and economic order dating back to 1891; with a particular focus on the recent commentary of Pope Francis. The materials in the first three weeks aim to help students understand and thoughtfully engage the philosophical underpinnings and core concepts of Catholic social thought. The next two blocks focus on the topics to which Pope Francis has devoted the most extensive attention (thus far)—the alleviation of poverty and care for the environment. The last block takes up the commentary on specific themes, including the exercise of “soft power” in global politics; how reflections might inform discussion of marriage and family law; and other bioethics questions.


This seminar requires a series of short reflection and reaction papers which aim to facilitate thoughtful student participation in seminar discussions throughout the course. The final paper is not a research project, but a short engagement (about 8 pages) with a particular set of issues arising from across the range of topics covered in the course. This course does not satisfy the JD Upper Level Writing Requirement.

LAW 500 v00 Center for Applied Legal Studies

J.D. Clinic | 10 credit hours

See the Center for Applied Legal Studies website for more detailed information about the clinic.

For registration-specific supplemental materials, please see the Center for Applied Legal Studies PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course.

LAW 1079 v00 Child Welfare Law and Practice in the District of Columbia (Fieldwork Practicum)

J.D. Practicum | 4 credit hours

In fieldwork practicum courses, students participate in weekly seminars and conduct related fieldwork at outside organizations. This practicum course will focus on the workings of the child welfare system in the District of Columbia. Students will participate in a two hour/week seminar and also undertake 10 hours/week of fieldwork at a child welfare-related organization.

SEMINAR: Students will study Supreme Court and District of Columbia cases defining the fundamental nature of the parent/child relationship and setting forth when state intervention is warranted to protect the best interests of the child. Students will gain an understanding of the various stages of child protection proceedings and the different roles, responsibilities and professional relationships of the attorneys representing the government, the child and the parents at each stage. Issues concerning interracial and gay adoption will be discussed, as will the overrepresentation of poor and minority youth in the child welfare system. Students will give an in-class presentation on a topic of their choosing, and will write a final paper.

FIELDWORK: Students will participate in fieldwork with a child welfare-related organization and share their experiences with the class and through written reflection memos. Some fieldwork sites require students to undergo police/background clearances, and others do not. If this is a concern for a student, he/she should reach out to the professor before the beginning of the semester to discuss field placement options.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective.)

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and an externship or a clinic or another practicum course.

Note: This practicum course is open to LL.M. students, space permitting. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.

This course is suitable for evening students who can commit to attending class and working 10 hours/week (during business hours) on site at their field placements.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits for approximately 10 hours of fieldwork per week, for a minimum of 11 weeks, to be scheduled with the faculty. The fieldwork must be completed during normal business hours. The two credit seminar portion of this practicum will be graded. The two credits of fieldwork are mandatory pass/fail. Students will be allowed to take another course pass/fail in the same semester as the field work.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and fieldwork components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 059 v00 Chinese Law Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar is intended to provide a general introduction to the nature and function of law in the People's Republic of China (PRC) and to Chinese attitudes toward selected international legal questions. Topics considered include: substantive, procedural, and institutional aspects of criminal and civil law in the PRC; Chinese views on the nature and sources of international law and its role in international society as exemplified in theory and practice, with particular attention to Chinese attitudes toward human rights; and practical legal problems arising from commercial and diplomatic interaction between the U.S. and the PRC, such as foreign investment and contract negotiation, protection of intellectual property, and provisions under U.S. law for carrying on commercial relations with Taiwan and Hong Kong. These topics will be considered in the context of their historical and political backgrounds in an effort to illuminate continuities between traditional and contemporary Chinese legal institutions. Students are encouraged to compare the nature and role of law in the West and the PRC. The assigned reading consists chiefly of English language translations of primary Chinese source materials, including cases, statutes, contracts, treaties, trade agreements, and jurisprudential writings.

Recommended: Comparative Law.

LAW 286 v02 Church-State Law Seminar

J.D. Seminar | 2-3 credit hours

This seminar will focus on the major shifts in church-state law over the past decades and key issues the Supreme Court will face in the next several terms. It will analyze and evaluate the various theories proposed by the sitting Justices on both free exercise and establishment clause jurisprudence and place those theories in the historical context of church-state law in America. The seminar will deal with such issues as tensions between the free exercise and establishment clauses, public aid to religious institutions, religion and public education, accommodating religious minorities, and church autonomy. Throughout, current litigation strategies related to these issues will be explored.

Recommended: Constitutional Law II: Individual Rights and Liberties.

Note: Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. Students in the 2 credit section will write a paper.

LAW 1494 v00 Civil Litigation Clinic

J.D. Clinic | 6 credit hours

Beginning in the fall of 2017, the Law Center offers a new one-semester, six-credit clinic focused on civil litigation, principally in federal district court. The clinic focuses on teaching students basic litigation skills: including, among others, interviewing clients, drafting complaints, conducting discovery, taking and defending depositions, drafting motions for summary judgment, and, on occasion, taking appeals. The clinic does not focus on a single area of law. Instead, it takes on meaningful public interest cases that are especially good teaching vehicles, including open government cases, cases involving administrative agencies, and consumer protection cases. The clinic’s clients are public interest, civil rights, environmental and other non-profit organizations, as well as individuals in need of legal services.

Students joining the clinic will be expected to work for at least 21 hours/week, including attending the two-hour weekly seminar. Students are also expected to participate in weekly rounds sessions, supervision team meetings for their case teams, and bi-weekly individual meetings with the faculty director and fellow.  Students will be engaged in substantial legal and factual research, drafting pleadings, motions, and substantial briefs, meeting with clients and opposing counsel, and attending court proceedings.

For information about the Civil Litigation Clinic and registration-specific supplemental materials, please see the Civil Litigation Clinic Supplemental Materials.

For more information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course.

LAW 060 v00 Civil Litigation Practice

J.D. Seminar | 4 credit hours

This year-long seminar will take the students through the entire course of a civil trial. In the first semester, using a core model case, students will conduct initial interviews of the clients, analyze the facts, and make initial decisions about how to proceed. Then, using the Federal Rules of Civil Procedure, students will prepare discovery plans and conduct discovery (including drafting document requests, interrogatories, and requests for admission, and preparing for and taking depositions of lay and expert witnesses). Each student will be video-recorded taking depositions. Students will also draft and argue motions arising from discovery disputes.

The second semester will carry the core model case to trial. The seminar includes mock trial experiences, as well as class discussion of trial techniques, strategy, tactics, and ethics. Students will participate directly in a series of trial practice exercises as witnesses and attorneys. These exercises will include opening statements and closing arguments, direct and cross examinations, handling exhibits, expert testimony, and making and opposing objections. Again, significant role-playing will be video-recorded. The final exam will be a mock trial held on a Saturday at the end of the semester (usually the last Saturday in April or the first Saturday in May) in a courtroom in the U.S. District Court.

This seminar is designated as a two-semester course, with the second semester building on the first. Both semesters include individual critiques of student performances, so attendance is important and will be considered in grading. The seminar is intended for students who are considering careers as trial lawyers.

Prerequisite: Prior or concurrent enrollment in Evidence no later than the Fall 2018 semester.

Mutually Excluded Courses: Students may not receive credit for this seminar and Intellectual Property Litigation: Pretrial Skills or Civil Litigation Practice: From the Complaint to the Courthouse Steps.

Note: There is a course materials fee for this course, which covers outside vendor materials purchased on behalf of all enrolled students (these materials are distributed as part of the course’s in-class assignments and exercises). This fee is posted to your student account in August (for Fall courses) or December (for Spring courses), or as soon as you are enrolled in the course, whichever is later. Students who drop the course will be refunded the amount. Students approved to withdraw will not be refunded.

MANDATORY FIRST CLASS ATTENDANCE. All enrolled and waitlisted students must be in attendance at the first class session in order to be eligible for a seat in the class.

Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 060 v01 Civil Litigation Practice

J.D. Seminar | 4 credit hours

This year-long seminar will take the students through the entire course of a civil trial. In the first semester, using a core model case, students will conduct initial interviews of the clients, analyze the facts, and consider claims and defenses. Thereafter, using the Federal Rules of Civil Procedure, students will prepare discovery plans and conduct discovery (including document requests, interrogatories, requests for admission, and depositions of lay witnesses). Students will also draft and argue court motions. Electronic discovery issues also will be discussed. The second semester will carry the core model case to trial. The seminar includes mock trial experiences, as well as class discussion of trial techniques, strategy, and ethics. Students will participate directly in a series of trial practice problems as attorneys. Exercises will include opening statements and closing arguments, direct and cross examination, admission of exhibits, and making and opposing objections. One Saturday session will be required. This seminar is designated as a two-semester course, with the second semester building on the first. Both semesters include individual critiques of student performances. The seminar is intended for students who are considering careers as trial lawyers.

Prerequisite: Civil Procedure (or Legal Process and Society); prior or concurrent enrollment in Evidence no later than the Fall 2017 semester.

Mutually Excluded Courses: Students may not receive credit for this seminar and Intellectual Property Litigation: Pretrial Skills or Civil Litigation Practice: From the Complaint to the Courthouse Steps.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 1216 v01 Civil Litigation Practice: From the Complaint to the Courthouse Steps

J.D. Seminar | 3 credit hours

The vast majority of civil cases that are filed are not actually tried. Civil litigation is typically resolved before trial, either through a dispositive motion or a settlement. This course is intended to provide students with experience in all aspects of civil litigation prior to the trial itself, the work that represents what civil litigators typically do on a day-to-day basis. We will address practical questions—the mechanics of what to do, when to do it, and where to go for help. We also will consider strategic questions successful litigators must consider at each stage of the case as they position a case for all three potential outcomes (settlement, disposition through motions practice, or trial). Finally, we will discuss common ethical questions that arise in the course of civil litigation, particularly with respect to discovery.

Students will be assigned the role of plaintiff or defense counsel and provided with a hypothetical case to litigate. In that context, students will try their hands at the most important aspects of pretrial civil practice, from conducting the initial client interview, to drafting or responding to the complaint, to negotiating discovery disputes, to drafting and arguing motions, to deposing witnesses. Each week, students will have the opportunity to gain or use information that may support or undermine their case, and we will discuss questions about what can and should (from a practical, strategic, and ethical perspective) be done to obtain, preserve, share, and use that information.

Students will be provided with a variety of written materials to use as resources in completing the weekly assignments as the case progresses, including rules, seminal cases, excerpts from useful treatises, and articles written by successful practitioners. For many tasks students are asked to perform, we also will provide them with a checklist of practical, strategic, and ethical issues to consider. Our goal is to provide students with a set of materials that will serve as a useful guide when they become practitioners.

Prerequisite: Civil Procedure (or Legal Process and Society).

Recommended: Prior or concurrent enrollment in Evidence.

Mutually Excluded Courses: Students may not receive credit for this seminar and Intellectual Property Litigation: Pretrial Skills or the year-long Civil Litigation Practice seminar.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 1216 v02 Civil Litigation Practice: From the Complaint to the Courthouse Steps

J.D. Seminar | 4 credit hours

The vast majority of civil cases that are filed are not actually tried. Civil litigation is typically resolved before trial, either through a dispositive motion or a settlement. This course is intended to provide students with experience in all aspects of civil litigation prior to the trial itself, the work that represents what civil litigators typically do on a day-to-day basis. We will address practical questions—the mechanics of what to do, when to do it, and where to go for help. We also will consider strategic questions successful litigators must consider at each stage of the case as they position a case for all three potential outcomes (settlement, disposition through motions practice, or trial). Finally, we will discuss common ethical questions that arise in the course of civil litigation, particularly with respect to discovery.
 

Students will be assigned the role of plaintiff or defense counsel and provided with a hypothetical case to litigate. In that context, students will try their hands at the most important aspects of pretrial civil practice, from conducting the initial client interview, to drafting or responding to the complaint, to negotiating discovery disputes, to drafting and arguing motions, to deposing witnesses. Each week, students will have the opportunity to gain or use information that may support or undermine their case, and we will discuss questions about what can and should (from a practical, strategic, and ethical perspective) be done to obtain, preserve, share, and use that information.
 

Students will be provided with a variety of written materials to use as resources in completing the weekly assignments as the case progresses, including rules, seminal cases, excerpts from useful treatises, and articles written by successful practitioners. For many tasks students are asked to perform, we also will provide them with a checklist of practical, strategic, and ethical issues to consider. Our goal is to provide students with a set of materials that will serve as a useful guide when they become practitioners.

Prerequisite: Civil Procedure (or Legal Process and Society).

Recommended: Prior or concurrent enrollment in Evidence.

Mutually Excluded Courses: Students may not receive credit for this seminar and Intellectual Property Litigation: Pretrial Skills or the year-long Civil Litigation Practice seminar.

LAW 001 v01 Civil Procedure

J.D. Course | 4 credit hours

This course examines what can happen in a civil lawsuit. It asks: What kinds of courts exist in the United States? What limits does the law impose on where cases can be brought? Who can sue? What remedies can a court impose? What choices do the parties have about who else participates in the lawsuit? How much information about the lawsuit must each side disclose in the initial pleadings, or at other times before trial? What opportunities are there for resolving disputes without trials? In trials, what are the respective roles of judges and juries? What are the tensions between a lawyer's duty to a client and the lawyer's duty to the system of justice? Who should make the procedural rules for lawsuits, and how, if at all, should those rules be changed?

Like other first-year courses, this course also seeks to help students build important legal skills. It provides practice in reading with care the statutes, rules and cases that express the law; analogizing and distinguishing precedent; applying legal theories to new facts; expressing arguments with precision; appreciating the ethical as well as the intellectual and strategic dimensions of a legal problem; and thinking critically about the rules of a legal system even while learning to operate within those rules.

Learning goals for Professor Schrag's section can be found here

Note: This is a required course for first year students only.

LAW 062 v01 Civil Rights

J.D. Course | 2 credit hours

This course studies the statutory, common law, and constitutional issues that arise in federal civil rights litigation. For the fall semester of 2018, the course will focus on the primary civil rights statute, 42 U.S.C. § 1983, which is used for constitutional (and some other) claims against state and local governments and their officials. Such constitutional torts include most prison litigation and police misconduct litigation and provide the basic vehicle for claims for both damages and injunctions. The course is constructed around the fundamental issues of recognition of constitutional claims (prisoners' rights to medical care, safety, and humane conditions, free citizens' rights to freedom from unnecessary force, unreasonable searches, equality, etc.) and creation of offsetting defenses (absolute and qualified immunity, sovereign immunity, etc.). The course will offer at least two "workshops" that give students an opportunity for practical experience in implementing these concepts and the policies behind them. Some attention will be given to related statutes that may supplement § 1983.

Learning Outcomes.  You should learn at the highest level of proficiency 1) topics listed in the primary syllabus and the theories and policies justifying them, 2) methods used by attorneys in the area of civil rights for finding or developing “law,” 3) professional skills (such as case analysis, potential case evaluation, how to listen and take notes, how to speak in public) used by attorneys in the area of civil rights, and 4) how to appreciate your own biases and limitations in doing all the above. The primary course evaluation is by the final exam.

Prerequisite: Prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties. This prerequisite can be waived by the professor for students who have taken the substantial equivalent or show they have other preparation.

Mutually Excluded Courses: This course may not be taken in 2018-19 by persons also enrolling in the Civil Rights Policy Seminar in 2018-19.

LAW 528 v02 Civil Rights Clinic

J.D. Clinic | 12 credit hours

Please see the Civil Rights Clinic website for more detailed information about the program.

For registration-specific supplemental materials, please see the Civil Rights PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course.

LAW 094 v01 Civil Rights Policy Seminar

J.D. Seminar | 3 credit hours

This seminar studies the statutory, common law, and constitutional issues that arise in federal civil rights litigation. For the spring semester of 2019, the seminar will focus on the primary civil rights statute, 42 U.S.C. § 1983, which is used for constitutional (and some other) claims against state and local governments and their officials. Such constitutional torts include most prison litigation and police misconduct litigation, providing the basic vehicle for claims for both damages and injunctions. Like the course in Civil Rights, the seminar will cover both judicial creation of constitutional claims as well as defenses against those claims.  Primary policy attention will be given to police misconduct litigation, an active area with substantial new developments and altered landscape over the past five years. The central policy issues in the area test the breadth of judicially created claims, the offsetting construction of defenses against such claims, and the resulting balance struck by the Court.  That balance suggests that the Court is moving rapidly -- and with surprising unanimity -- toward a new view pf police misconduct litigation.

Learning Outcomes.  You should learn at the highest level of proficiency 1) topics listed in the primary syllabus and the theories and policies justifying them, 2) methods used by attorneys in the area of civil rights for finding or developing “law,” 3) research methods, including appreciation of both theory and practice, for analyzing policy justifications for proposed legal norms, and 4) how to appreciate your own biases and limitations in doing all the above. The primary course evaluation is by the traditional two-draft seminar paper.

Prerequisite: Prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties. This prerequisite can be waived by the professor for students who have taken the substantial equivalent or show they have other preparation.

Mutually Excluded Courses: This course may not be taken in 2018-19 by persons also enrolling in the Civil Rights course in 2018-19.

Note: The seminar will meet double-time for the first five weeks of the semester and only a few times thereafter for presentation of papers.

LAW 1322 v00 Civil Rights Statutes and the Supreme Court Seminar

J.D. Seminar | 2 credit hours

This seminar will examine recent litigation in the Supreme Court involving the modern civil rights statutes: Title VII, Title IX, RFRA, the ADEA, the ADA, the Fair Housing Act, and Sections 2 and 5 of the Voting Rights Act. Toward that end, we will read recent cases decided by the Court interpreting theses statutes, and the cases that form the backdrop for those decisions. We will also examine briefs and oral arguments in some of these cases. Finally, we will examine civil rights cases that are scheduled to be heard in the upcoming term, or that may make their way to the Court in the near future. There will be one writing assignment, a paper of approximately 25 pages in length. Two-thirds of the grade will be based on the paper, and one-third will be based on class participation.

Recommended: Constitutional Law II: Individual Rights and Liberties.

LAW 088 v00 Class Action Law and Practice

J.D. Course | 2 credit hours

Class actions in such diverse areas as securities and corporate governance, employment discrimination, toxic torts, mass accidents, and consumer fraud have challenged the capacity and creativity of federal and state courts throughout the Nation. New forms of class suits continue to pose challenging questions for the judiciary. This seminar will focus on the class action device as an attempt to resolve disputes on an aggregate basis. The principal focus will be on emerging procedural and constitutional issues raised in recent and pending class action suits, and the treatment of those issues in the Supreme Court and federal courts of appeals. The seminar will explore these issues by evaluating class actions in a variety of settings, focusing on appellate decisions that have resolved (or failed to resolve) significant issues in class action law and practice as well as case-studies of pending or recently decided class actions. The seminar will cover all phases of a class action, including pleading and other pre-certification issues, the certification decision, appeals from class certification decisions, class notice, settlement issues, trial, and the legal doctrines governing simultaneous overlapping federal and state-court litigation.

Prerequisite: Civil Procedure (or the equivalent Legal Process and Society).

Mutually Excluded Courses: Students may not receive credit for this course and Complex Litigation.

LAW 379 v00 Commercial Law: Domestic and International Sales Transactions

J.D. Course (cross-listed) | 3 credit hours

Sales is an advanced course in contracts that builds upon the basic first-year offering and focuses on the planning and regulation of sales transactions under Article 2 of the Uniform Commercial Code. The course also covers international sales governed by the U.N. Convention on Contracts for the International Sales of Goods (CISG). Major topics include the methodology and scope of the UCC and CISG, allocating the risk of loss; warranties; breach; excuse for non-performance; warranty disclaimers and remedy limitations; rejection, revocation, and cure; anticipatory repudiation and the right to demand adequate assurances; and techniques of statutory analysis. Class discussions will analyze problems that deal with these topics.

Mutually Excluded Courses: Students may not receive credit for both this course and Commercial Law: Sales and Leases.

LAW 379 v01 Commercial Law: Sales and Leases

J.D. Course (cross-listed) | 2 credit hours

Sales and Leases is an advanced course in contracts that builds upon the basic first-year offering and focuses on the planning and regulation of sales and lease transactions under Articles 2 and 2A of the Uniform Commercial Code. The course also covers international sales governed by the U.N. Convention on Contracts for the International Sales of Goods (CISG). Major topics include the methodology and scope of the UCC and CISG, allocating the risk of loss; warranties; breach; excuse for non-performance; warranty disclaimers and remedy limitations; rejection, revocation, and cure; anticipatory repudiation and the right to demand adequate assurances; remedies; and techniques of statutory analysis. Class discussions be centered on problem sets that deal with these topics.

LAW 071 v00 Commercial Law: Secured Transactions

J.D. Course | 3 credit hours

This course will provide an in-depth examination of the basic structure and purposes of secured credit transactions under Article 9 of the Uniform Commercial Code. Discussions will focus on the essential elements of secured financing (including the creation and enforcement of security interests in various types of tangible and intangible property) as well as the history, logic, utility, and fairness of contractual security devices and the secured creditor’s priority. We will also consider the treatment of security interests in bankruptcy proceedings; securitizations as an alternative to traditional methods of secured lending; consignments; bailments; letters of credit; and a variety of other commercial law concepts. Prior courses in commercial transactions, corporate finance, and bankruptcy, although helpful, are not required. Relevant commercial concepts will be explained as they arise. One of the virtues of the course is that it provides the students with the opportunity to acquire an essential commercial law vocabulary beyond what is generally supplied in contracts and other commercial law offerings. Students should expect a lively discussion of a number of important issues of current and enduring significance in the study of commercial law.

Recommended: Prior courses in commercial transactions, corporate finance, and bankruptcy, although helpful, are not required.

Mutually Excluded Courses: Students may not receive credit for both this course and Commercial Law: Secured Transactions and Payment Systems.

LAW 071 v03 Commercial Law: Secured Transactions

J.D. Course | 3 credit hours

This course will provide students with an important grounding in the world of commercial transactions and financing. It concerns the law governing loans secured by collateral, for both individuals and businesses. The course centers on Article 9 of the Uniform Commercial Code, which covers security interests in personal property, but briefly delves into mortgages on real estate as well. The first part of the course explores the basics of secured transactions, focusing on the creditor-debtor relationship. Topics include: the rights and remedies of secured and unsecured lenders against the debtor under state law and in bankruptcy, the creation and scope of security interests, and default. In the second part of the course, the focus shifts to the creditor-third party relationship. Topics include: perfection and priority among creditors, and competitions for the collateral between secured creditors and lien creditors, bankruptcy trustees, sellers, and buyers.  

STUDENT LEARNING OUTCOMES 
At the end of the course, students should be able to: 
• Demonstrate knowledge of rules governing security interests in Article 9 of the Uniform Commercial Code (UCC) and related bodies of law 
• Interpret the Uniform Commercial Code (UCC), the Bankruptcy Code, and related statutory provisions, and apply these rules to new sets of facts 
• Communicate legal analysis in an organized fashion, both orally and in writing

Mutually Excluded Courses: Students may not receive credit for both this course and Commercial Law: Secured Transactions and Payment Systems.

LAW 070 v00 Commercial Law: Secured Transactions and Payment Systems

J.D. Course (cross-listed) | 4 credit hours

This course is designed to introduce students to the methodology of Uniform Commercial Code analysis, with emphasis on the legal policies governing uniform state banking regulation of modern payment systems and secured financing of personal property. Topics include: evolution of the modern payment system; check issuance, collection and presentation; the rights and liabilities of the issuers and holders of checks and notes; the uses of credit and collateral in sales and loans; the establishment of priorities among security interests; and the rules governing default and insolvency. The course will examine the way legal rules structure and sanction the contemporary practices of financial institutions, manufacturers, and the dealers, sellers, and buyers of personal property.

Mutually Excluded Courses: Students may not receive credit for both this course and Commercial Finance; or Commercial Law: Secured Transactions; or Commercial Law: Payment Systems; or Commercial Law: Payment Systems and Financial Transactions.

LAW 1291 v00 Communications and Technology Policy: Advocacy in the Public Interest (Fieldwork Practicum)

J.D. Practicum | 4 credit hours

In fieldwork practicum courses, students participate in weekly seminars and conduct related fieldwork at outside organizations. In this course, students will learn from a seminar instructor with decades of experience in government (FCC, White House, Congress), non-profits, and the private sector. For fieldwork, students will work at a range of public interest advocacy organizations engaged in cutting-edge policy issues in Washington, D.C.

These days are to technology and telecommunications policy what the 1960s were to voting rights or the 1930s were to administrative law. Internet governance, privacy, cybersecurity, broadband adoption, competition policy and copy protection decisions at the FCC, FTC, Congress, and the Administration are having a lasting impact on the technology ecosystem. Consumer advocacy therefore is more critical than ever, while the tactics and strategy deployed by consumer advocates must be facile and creative in a rapidly changing political environment.

This fieldwork practicum course will focus on the aforementioned and related issues. Students will be exposed to legislation and rulemaking across a broad spectrum of actors including Congress, the White House, federal agencies, industry, public interest advocates, and the press. Students will participate in a two hour/week seminar and carry out 10 hours/week of fieldwork at a number of participating non-profit, public interest advocacy groups, including Public Knowledge, Consumers Union, Common Cause, National Consumers League, Center for Democracy and Technology, and others (list subject to change).

SEMINAR: In the two-credit, graded, seminar portion of the practicum, students will examine the legislative, regulatory, and administrative policy-making process in communications and technology. With public policy rapidly evolving in the communications and technology sectors, legal practitioners must understand how such policy is made and can be influenced. Some case studies will be preceded by overviews of subject areas critical to such policy. Using case studies from the debates involving wireless spectrum allocation, open Internet, video competition, digital copyright protection, corporate mergers and consumer advocacy initiatives, students will learn how Congress, the White House, and the Executive branch shape policy directly impacting the technology and communications sectors. Students will also learn how public interest groups, corporate interests, political interest groups, and the press intersect to influence policy.

FIELDWORK: In the two-credit, mandatory pass/fail, fieldwork portion of the practicum, students will apply the concepts discussed in seminar to current debates in spectrum policy, open Internet policy, and video competition policy through a field placement at a participating advocacy organization. Students will work with seasoned practitioners and apply in real-world settings the advocacy tools discussed in the seminar.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).
 

Recommended: Communications Law, Copyright Law, Antitrust Law.

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and an externship or a clinic or another practicum course. Students may not receive credit for both this practicum and Technology Policy and the Practice of Law in the Digital Age.

Students taking this practicum are not precluded from enrolling in the Institute for Public Representation: Communications and Technology Law clinic either before or after this course.

Note: LLM students may enroll in this course, space permitting. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.

This course is suitable for evening students who can commit to attending seminar and working 10 hours/week (during business hours) at a participating public interest advocacy organization.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits for approximately 10 hours of fieldwork per week, for a minimum of 11 weeks, to be scheduled with the faculty. The two-credit seminar portion will be graded. The two credits of fieldwork are mandatory pass/fail. Students will be allowed to take another course pass/fail in the same semester as this practicum.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and fieldwork components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 073 v02 Communications Law and Policy

J.D. Course | 3 credit hours

This course is intended to help students understand the policy issues that underlie the regulation of communications industries, become familiar with the fundamental approaches to communications regulation and judicial review of that regulation, and evaluate the successes and failures of recent reforms. The course will address regulation of broadcasting, cable, wireline and wireless telephony, and broadband and Internet communications. Sections begin with a brief history of communications regulation and discuss the fundamental legal and policy decisions that have evolved through the present day. The course seeks to understand in what instances the government should intervene in the marketplace. When intervention occurs, the course seeks to evaluate government's most appropriate role in broadcast regulation, telephone regulation, wireless spectrum issues, cable television regulation and broadband regulation. We will discuss the powers of local, state, and federal regulators and attempt to identify the jurisdictional boundaries among them. The course explores the regulatory theory underlying the Communications Act of 1934 and the Telecommunications Act of 1996 and attempts to predict the regulatory models that should govern the 21st century.

LAW 200 v01 Communications Law: Law and Policy in the Internet Age

J.D. Seminar (cross-listed) | 2-3 credit hours

The advent of the Internet has spawned massive leaps in technology and the way Americans use communications services to reach that technology. This course examines how courts, legislatures, and regulatory agencies react to constant change in communications technologies. We will focus on specific technological advances to explore the way legal, economic, social, and technological forces shape and are harnessed by legal systems faced with challenges to the status quo. The course will draw on leading communications law cases, statutes, and FCC and FTC actions. Students will explore the legal and lobbying battles raging today in Washington and across the world that are fueled by technological change, in areas such as net neutrality, privacy, free speech and broadcast indecency, competition, and spectrum policy. We will try to focus in particular on questions currently before the courts, the FCC and Congress. The goal is to deepen each student's understanding of major communications law topics, to determine if a comparison of these topics reveals a set of common legal, policy, and political reactions to technological change, and to provide future policymakers with the tools to respond to change more effectively.

The class will meet for two hours once per week. Grades will be based on class participation (25%) and a final paper/oral presentation (75%). There are no course prerequisites. While students who have taken Communications Law and Policy will find it useful, we will cover the basic background on the law and policy needed to understand the issues addressed.

Learning Objectives:

  • Deepen each student's understanding of major communications policy topics in dispute.
  • Determine if a comparison of these topics reveals a set of common legal, policy, and political reactions to technological change.
  • Provide future policymakers with the tools to respond to change more effectively.
  • Provide insight to the role legal constraints play in policy debates and policy plays in legal challenges.
  • Improve oral and written advocacy skills through writing and presenting an advocacy white paper.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 611 v08 Communications Skills Boot Camp

J.D. Course | 1 credit hour

As new lawyers enter the workforce, often they are not just new to the law, but new to the world of business. As the market for legal services becomes increasingly more competitive, each of us needs to distinguish ourselves not just regarding the services we provide, but in the way we provide them. Successful service providers constantly interact with colleagues and clients. Therefore, superior communication skills become essential. The Communication Skills Boot Camp is a Week One simulation course designed to help law students rethink how they share information. Students will learn to put the needs of their listeners first, both when preparing for and during the conversation, and will refine their delivery skills. Through group exercises, customized role plays, and instructor coaching, students will learn a range of communication skills, including how to: focus on the needs of others; share information with confidence and credibility; understand personal communication styles; develop a clear message and deliver it with presence; ask better questions and listen for key insights; handle questions and emotional reactions effectively; guide a problem-solving discussion; lead an effective brainstorming discussion; and implement effective habits of innovative professionals.

Note: FIRST-YEAR WEEK ONE COURSE: This course will meet on the following days: Monday, January 8, 2018, through Thursday, January 11, 2018. This course is mandatory pass/fail, and does NOT count against the 7-credit pass/fail limit for J.D. students.

This optional, elective course is for first-year J.D. students only, who are enrolled through a lottery process.

ATTENDANCE AT ALL CLASS SESSIONS IS MANDATORY. All enrolled students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety. For more information see Week One website.

Due to the intensive nature of the course, the small-group, team, and individual work that is involved, and the preparation that is necessary to ensure a positive student experience, students who wish to drop the course after they have accepted a seat must drop by Friday, December 1, at 3:00 p.m. After that point, permission from the course professor and Assistant Dean for Experiential Learning is required.

LAW 1513 v00 Community Development Seminar

J.D. Seminar | 2-3 credit hours

Community Development is the work of partnering with local communities to tackle complex social problems, where racism, economic and social inequality are often intertwined. Students will have the unique opportunity to integrate critical theory and practice within the context of a real-time community development project spearheaded by the professor. Students will gain exposure to the deal structure, financing and legal documents governing the increasingly controversial disposition of public land in mixed income/mixed use developments. Grassroots organizers, attorneys and government officials working in the field will participate as guest speakers and conversants from time to time. Student papers may range across a wide spectrum of topics dealing with some problem confronted by the professor’s initiative or, more generally, by community development practitioners in the field.

Recommended:

Note:

LAW 1333 v00 Comparative Civil Procedure

J.D. Course (cross-listed) | 1 credit hour

Many aspects of U.S. civil procedure are, from a comparative point of view, unique. Despite important common starting points, civil procedure in most civil law jurisdictions, but also in a number of common law jurisdictions, looks very different. Marked differences concern, inter alia, the role of the parties and the judge, the determination of the facts, evidentiary privileges, the structure of proceedings and the rule of costs. For any lawyer, it is important to know these differences and their background. Attorneys may not only have clients involved in litigation abroad, but also participate in arbitral proceedings with lawyers and arbitrators socialized in another jurisdiction. Legal advisers to the government may find evidence for the pros and cons of proposed amendments to the law of civil procedure in the procedural law of other States. Government officials as well as staff members of NGOs may negotiate with representatives of other countries on forms of a harmonization of civil procedure or on international conventions. And, last but not least, experts of international financial institutions like the World Bank or the International Monetary Fund may study the law of civil procedure of a borrowing country with the aim of proposing legal reform. For this reason, a course discussing common features and differences in the law of civil procedure could be an interesting supplement to the existing courses.

Prerequisite: J.D. students should have taken a basic course in Civil Procedure.

Note: In Fall 2015 this course will meet on the following dates: 9/17, 9/22, 9/24, 9/29, 10/1, 10/6 and 10/8.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 091 v11 Comparative Constitutional Law

J.D. Course (cross-listed) | 3 credit hours

How are constitutions designed? What is an authoritarian constitution? How are constitutional created through revolution? What influences constitutional transitions? Is there such a thing as an unconstitutional constitutional amendment? Why should we have judicial review? What interpretive methods do judges use? Are courts good protectors of the constitutional rights? 

Comparative constitutional law has expanded exponentially as a feature of contemporary constitutional practice and as a field of study. Events around the world—from the Middle East to Asia, from Europe to Latin America—highlight the issues of constitutional design and constitutional rights at stake. This course explores constitutional systems in comparative contexts, focusing on issues of constitutional structure and rights adjudication across different constitutional systems. We will explore fundamental questions on constitutional design, constitutional change, constitutional transitions, judicial review, and the role of courts and constitutional interpretation. Drawing on examples from diverse constitutional cultures, we will also examine approaches to individual rights—such as religious freedom and freedom of expression—in a global perspective.

Mutually Excluded Courses: Students may not receive credit for both this course and the Comparative Constitutional Law Seminar.

LAW 091 v09 Comparative Constitutional Law Seminar

J.D. Seminar | 3 credit hours

This seminar will cover a series of topics arising in the comparative study of constitutional systems, with a degree of focus upon the role and operation of constitutional courts. It will address fundamental questions such as the nature of a constitution, the foundations of judicial power, the forms of judicial review, the role of courts in different types of political systems, the institutional design of constitutional courts, and the evolution of constitutionalism on a global scale.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the course Comparative Constitutional Law or the first-year elective, Comparative Constitutional Law or Comparative Constitutional Rights.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 091 v10 Comparative Constitutional Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

How are constitutions created? What should we consider in designing a constitution? Can we have constitutions without constitutionalism? What is an authoritarian constitution? What influences constitutional revolutions and transitions? Is there such a thing as an unconstitutional constitutional amendment? Why have judicial review? How do judges interpret constitutions? Do courts protect rights guaranteed by their constitutions?

Comparative constitutional law has expanded exponentially in contemporary constitutional practice and as a field of study. Events around the world—from the Middle East to Asia, from Europe to Latin America—highlight the issues of constitutional design and constitutional rights at stake. This seminar examines issues of constitutional structure and rights adjudication in comparative constitutional contexts around the globe, from Western liberal systems to fragile democracies. We will explore fundamental questions on constitutional design, constitutionalism, constitutional change, judicial review, and the role of courts and constitutional interpretation. Drawing on examples from diverse constitutional cultures, we will also examine the protection of constitutional rights—such as religious freedom and individual liberty—from a global perspective.

3 credit JD students will be required to write a paper that meets the JD upperclass legal writing requirement. Students taking this seminar for 2 credits will be required to submit a final paper (no draft is required) of 18-20 pages.

Mutually Excluded Courses: Students may not receive credit for both this course and the Comparative Constitutional Law course.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 828 v01 Comparative Corporate Governance

LL.M Course (cross-listed) | 1 credit hour

The global financial crisis clearly demonstrated that poor corporate governance practices can have disastrous consequences not only for the companies and shareholders but also for the capital and financial market, and the economy as a whole. Good corporate governance, in turn, can help clearly distinguish the line between ownership and control of the company, balance the powers of shareholders, board members and other stakeholders, and ensure their accountability. As such, it is supposed to lead to better productivity and attract investment. Many countries around the world have already launched or are in the process of launching reforms leading to better corporate governance.

This class presents a comparative overview of Corporate Governance issues focusing on the US, the European Union member States legal systems and some Asian countries. It begins with a comprehensive introduction of the economic theories and a thorough analysis of the OECD Principles of corporate governance. Then, it compares the laws and practices in the United States and in such European Union member States as U.K., Germany and France. Examples from Asian countries will also be used to underline the difficulties for countries at different stages of economic and legal development to implement such rules. Topics covered will include rights and equitable treatment of shareholders, board selection and practices, Executive compensation, transparency and disclosure, corporate social responsibility. The class will mainly focus on listed companies.

The course aims at providing legal tools to improve corporate governance practices in listed companies and seeks to encourage the need for comparative law as a means of thinking about law in a globalized economy.

Prerequisite: Corporations.

Note: WEEK ONE COURSE. This course will meet for one week only on the following days: Monday, January 8, 2018 through Friday, January 12, 2018, 1:30 p.m. - 4:05 p.m.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting their academic advisor in the Office of Graduate Programs. Withdrawals are permitted up until the last class for this specific course.

LAW 079 v07 Comparative Law: Focus on EU and US

J.D. Course | 3 credit hours

This course consists of an introduction to legal comparison based on an inquiry into European private law. The course is divided into two parts. The first part presents the functions and aims as well the methods of comparative law in general. After an overview of the legal systems in the world, the course provides a comprehensive introduction to the basic features of the civil law system as contrasted with the common law tradition in Europe and in the United States. It also shows how some of the differences between the two systems are being dealt with by new instruments such as the Vienna Convention on Sales, the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. While the course focuses on substantive law issues, in the fields of contract and tort, it also examines some structural issues -- such as the court systems, the education of lawyers and the role of judicial review. The second part of the course aims at providing an analysis of the trends towards denationalization of private law in Europe as it results from the impact of EC legislation on national law. Special attention is devoted to the link between private law and the formation and the functioning of markets, particularly the Single Market in Europe, but also to the cultural and linguistic obstacles that come up in the process. Overall, the course aims at providing a practical introduction to issues of European law faced by American lawyers, and the use of foreign law to advocate change in U.S. law. Further it will show how legal comparison is a means for thinking about the law in broader terms.

Mutually Excluded Courses: Students may not receive credit for both this course and the upperclass course, Comparative Law.

Note: This course is a first-year elective. First-year day students select an elective offered in the spring.

LAW 1279 v00 Comparative Property Law: Focus on the US and Europe

J.D. Course (cross-listed) | 2 credit hours

The course examines the key differences between Property in the United States and continental Europe. Topics covered include land transactions, financing tools for real estate sales, boundary disputes, and land use control. A comparison with German and Spanish Property will illustrate the most important differences in these areas and discuss the reasons for diverging solutions to similar problems. The course will also familiarize students with the mindset of a codified legal system and invite critical thinking about the advantages and drawbacks of codified Property as opposed to a common law approach to Property.

Recommended: Property Law. Students who have not completed a course in U.S. Property Law should contact Professor Kunz (kunz@igr.uni-heidelberg.de) to discuss their interest in this course and other relevant course work or experience.

Note: This course will meet on the following Mondays and Wednesdays in Fall 2014: 9/3, 9/8, 9/10, 9/15, 9/17, 9/22, 9/24, 9/29, 10/1, 10/6, 10/8, 10/14 (Monday classes meet), 10/15, 10/20, 10/22, 10/27 and 10/29.

This course will not require a textbook, but will instead use a course reader with materials posted on TWEN.

LAW 2030 v01 Comparative Reproductive Technologies and "Reproductive Tourism"

LL.M Seminar | 2-3 credit hours

The use of reproductive technologies—and crossing national borders to obtain them—has become a burgeoning multi-billion dollar, international industry. While the desire to have children may be universal, legal protections and restrictions on access to reproductive technologies vary immensely from country to country, and often reflect conflicting cultural and religious values. This seminar will explore and compare a diverse number of legal systems’ approaches to selected reproductive technologies with a particular emphasis on the legal implications for “cross-border reproductive care” (“reproductive tourism”). Other topics will include: comparative access to and affordability of IVF, egg and sperm donation, and surrogacy; reprogenetics; treatment for same-sex couples; professional liability; and embryonic stem cell research (as it intersects with egg donation and the use of IVF embryos). Guest lectures will provide a medical and an ethical perspective to broaden an understanding of the legal and policy challenges in this unique field.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement for JD students. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement for JD students.

LAW 757 v01 Comparative Tax Law

LL.M Course (cross-listed) | 2 credit hours

Provides an introduction to the study of comparative tax law. The coverage is broad, touching on many countries and types of taxes, as well as the general legal framework for tax law and tax procedure. Emphasis is on the income tax and, to a lesser extent, value added tax. Focus is on underlying structural differences in legal systems, including constitutional issues, judicial interpretation of tax laws, judicial and legislative anti-avoidance doctrines, different approaches to defining income, alternative systems for taxing corporations and shareholders, and problem areas in the VAT (including international services and e-commerce). The student completing this course will have a basic understanding of how to approach foreign tax law, and tools to better understand the tax system in the student’s own country.

Prerequisite: Federal Income Taxation (formerly Taxation I) and prior or concurrent enrollment in either Corporate Taxation (formerly Taxation II) or Corporate Tax Law I.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 791 v00 Complex Derivative Transactions: Structure and Usage

LL.M Course | 2 credit hours

This course is designed to provide a comprehensive overview of complex derivative transactions currently utilized in the global financial marketplace; emphasis will be on how such transactions are structured, how they are utilized by market participants, and how they will be regulated under new U.S. federal law and regulations. Topics addressed will include: legal and policy issues that gave rise to the trading of these financial market products and changes to legislation and regulations affecting these markets in recent decades; varieties of swaps transactions involving various underlying commodities, including interest rates, currencies, agricultural and energy commodities, credit products such as credit default swaps, and equities; varieties of exchange-traded funds involving various underlying commodities including precious metals, energies, and securities; exchange-traded credit derivative products, including security and commodity options; and structured products. The course will focus on the growth and innovation in swaps and derivatives markets, market development prior to enactment of the Wall Street Reform and Consumer Protection Act, and in-depth review of new financial reform statutes and regulations for these markets. Specifically, in addition to analyzing various types of swaps and derivatives, the course will address issues relating to swaps clearing, trading execution, recordkeeping, reporting, enforcement authorities, as well as exemptions from regulation. Focus of the course will be on understanding how market participants use complex derivatives, the benefits and risks of particular products, and the new regulatory landscape for such transactions.

Prerequisite: Prerequisites: Regulation of Derivatives

LAW 1098 v00 Complex Litigation

J.D. Course | 4 credit hours

This course will focus on complex procedural issues that arise in modern litigation. The overall focus of the course is on multi-party, multi-jurisdictional disputes and the increased regulatory role that courts play in the system of dispute resolution. The first part of the course will focus class actions, including the requirements for class certification, judicial review of class settlements, the impact of the Class Action Fairness Act on class action practice (CAFA), and the intersection of class actions and contracts for arbitration of disputes. Considerable time will also be spent on multi-district litigation (MDL) practice including the modern development of bellwether trials; the unique aggregation problems that arise in the context of international disputes; the strategic choices available to lawyers handling complex cases, and the strategic and economic dynamics of settlement.

Prerequisite: Civil Procedure (or Legal Process and Society).

Mutually Excluded Courses: Students may not receive credit for both this course and Class Action Law and Practice or Class Action Law and Practice Seminar.

LAW 950 v01 Complex Securities Investigations

LL.M Course (cross-listed) | 2 credit hours

The course is designed to provide a practical survey of a complex securities investigation from inception through the Wells process, civil and criminal charging decisions, and trial. Representing a public company, its officers, employees or directors requires a thorough understanding of the tools and strategies employed by the civil and criminal regulators. We will consider a variety of common practice issues including managing concurrent SEC and DOJ investigations, structuring and conducting the internal investigation; responding to SEC document subpoenas; conducting witness interviews; and, the application of the corporate privilege, attorney-client privilege, work product doctrine, and governmental privileges. The self-reporting and professional responsibility provisions of Sarbanes-Oxley and the SEC’s cooperation initiative present a variety of difficult practice issues that are critical to a lawyer’s fundamental responsibility to represent solely the client’s interests. Students will gain practical knowledge of the issues and opportunities arising through interaction and negotiation with the SEC and DOJ during the investigative process, and the strategic decisions of waiver and cooperation to achieve the optimal result for the client.

Strongly Recommended: Securities Regulation or significant government or industry experience.

LAW 080 v00 Computer Crime Law

J.D. Course (cross-listed) | 3 credit hours

Explores the legal issues that judges, legislators, prosecutors, and defense attorneys are confronting as they respond to the recent explosion in computer-related crime. In particular, the course considers how crimes on the Internet will challenge traditional approaches to the investigation, prosecution, and defense of crime that have evolved from our experience with crimes in physical space. Topics will include: the Fourth Amendment online, the law of electronic surveillance, computer hacking and other computer crimes, cyberterrorism, the First Amendment in cyberspace, and civil liberties online. Although much of this class involves computer and internet technology, no prior technical background or knowledge is required.

Mutually Excluded Courses: Students may not receive credit for both this course and Computer Crime Seminar or the graduate course, Global Cybercrime Law.

LAW 1384 v00 Computer Programming for Lawyers: An Introduction

J.D. Course (cross-listed) | 3 credit hours

This class provides an introduction to computer programming for law students. The programming language taught may vary from year-to-year, but it will likely be a language designed to be both easy to learn and powerful, such as Python or Javascript. There are no prerequisites, and even students without training in computer science or engineering should be able successfully to complete the class.

The course is based on the premise that computer programming has become a vital skill for non-technical professionals generally and for future lawyers and policymakers specifically. Lawyers, irrespective of specialty or type of practice, organize, evaluate, and manipulate large sets of text-based data (e.g. cases, statutes, regulations, contracts, etc.) Increasingly, lawyers are asked to deal with quantitative data and complex databases. Very simple programming techniques can expedite and simplify these tasks, yet these programming techniques tend to be poorly understood in legal practice and nearly absent in legal education. In this class, students will gain proficiency in various programming-related skills.

A secondary goal for the class is to introduce students to computer programming and computer scientific concepts they might encounter in the substantive practice of law. Students might discuss, for example, how programming concepts illuminate and influence current debates in privacy, intellectual property, consumer protection, antidiscrimination, antitrust, and criminal procedure.

This is a hands-on class. Each student will spend most class sessions using his or her own computers, reading, writing, and debugging code. Every student must bring to every class a computer, on which free software will be provided to be installed. Students will be required to complete problem sets between class meetings. To obtain a passing grade, students must complete problem sets and larger coding assignments, participate in class sessions, and demonstrate they have learned the assigned skills.

At the completion of this class, students should be able to write simple to moderately complex computer programs that can automate text-handling and data-handling tasks that would be difficult or impossible to perform without programming skill. Students will also gain a solid foundation of programming knowledge and skills they can build upon to progress toward mastering more advanced programming techniques and other programming languages.

Mutually Excluded Courses: Students who have completed at least one computer programming course in college or graduate school or who have mastered at least one computer programming language are not eligible for this course.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Note: This course will meet twice each week. There will be one two-hour lecture with all enrolled students, followed later in the week by a second class session consisting of one-hour lab sections broken into small groups of 15 students. Students will be enrolled in only one small lab section. In preregistering for this course, students should select the section that best meets their schedule in terms of the one-hour lab session.

LAW 1499 v00 Computer Programming for Lawyers: Intermediate

J.D. Course | 3 credit hours

This class builds on Computer Programming for Lawyers: An Introduction by introducing students to intermediate-level concepts of computer programming and computer science relevant to legal practice. The students in this course will serve as the Teaching Assistants for the introductory course, which will always be taught concurrently. In addition, students in this course will complete at least one substantial programming term project.

Enrollment in this course is by prior permission of the Professor only. All students must have prior computer programming experience. Students who have successfully completed the introductory course meet this requirement. Other students must demonstrate comparable prior experience, but this experience need not be formal training or professional experience. Students need not possess a technical degree, and self-taught programmers are welcome.

The course is based on the premise that computer programming has become a vital skill for non-technical professionals generally and for future lawyers and policymakers specifically. Lawyers, irrespective of specialty or type of practice, organize, evaluate, and manipulate large sets of text-based data (e.g. cases, statutes, regulations, contracts, etc.) Increasingly, lawyers are asked to deal with quantitative data and complex databases. Programming techniques can expedite and simplify these tasks, yet these programming techniques tend to be poorly understood in legal practice and nearly absent in legal education. In this class, students will gain proficiency in various programming-related skills.

A secondary goal for the class is to introduce students to computer programming and computer scientific concepts they might encounter in the substantive practice of law. Students might discuss, for example, how programming concepts illuminate and influence current debates in privacy, intellectual property, consumer protection, antidiscrimination, antitrust, litigation and criminal procedure.

This is a hands-on class. Each student will spend most class sessions using his or her own computers, reading, writing, and debugging code. Every student must bring to every class a computer, on which free software will be provided to be installed.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Interested students should contact Professor Ohm at (ohm@law.georgetown.edu).

Withdrawal Policy: Students in Computer Programming: Intermediate serve as Teaching Assistants (TAs) to students enrolled in Computer Programming for Lawyers: An Introduction. Because the introductory class cannot operate without a minimum and stable number of TAs, it is essential we ensure a fixed enrollment for the intermediate class, by adopting special rules for dropping the class.

A student enrolled in Computer Programming for Lawyers: Intermediate may drop the class no later than 3pm on Wednesday, October 31 and only by notifying Professor Ohm in writing.

LAW 363 v01 Conflict Management Systems Design Seminar

J.D. Seminar | 3 credit hours

This seminar is an interactive workshop designed to introduce students to the theory, principles and practice of conflict management systems design with the goal of training students to assume this new and creative professional role. Lawyers are increasingly being called upon to act not simply as litigators or deal-makers, but also as “process architects” for institutions, organizations and governments. In addition, they are being asked to design, tailor and manage systems to handle "streams" of disputes in an effective and efficient manner, such as those arising from commercial transactions, mass torts, natural disasters, government programs and restorative justice initiatives.

Students will be expected to read, write, discuss, critique and participate in simulated exercises. After an overview of conflict management theory and principle, students will, through readings, discussions and exercises, study actual systems that reflect conflict management design principles. Then through a series of hands-on role plays and simulations, students will have the opportunity to develop systems design skills and work on a mock consulting team during class. The practical and ethical implications of systems design work will be explored, as well as opportunities for synthesis of systems design skills into legal practice.

The class meets one Friday afternoon and two Saturdays (all day) and two Sundays (all day). Due to the intensive and interactive nature of the seminar, attendance at all class sessions is mandatory. Grades will be based on class participation including discussions and simulations, the quality of a five-page journal analyzing a class consulting team simulation and a 15-page final seminar paper analyzing a current dispute system, designing a new system or proposing a new framework for the systems design field.

Prerequisite: A course on an alternative dispute resolution topic is required (e.g., Negotiations Seminar, Mediation Seminar, Mediation Advocacy Seminar, Negotiations and Mediation Seminar, Multi-Party Dispute Resolution Seminar: Consensus Building and Other Negotiation Processes). The two-credit sections of International Negotiations Seminar do not satisfy the prerequisite for this class.

Note: ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 084 v04 Conflict of Laws: Choice of Law (Private International Law)

J.D. Course | 3 credit hours

Increasingly, lawyers find themselves planning transactions or litigating cases involving persons or events connected with more than one state or nation. This course examines the principal approaches relied on by U.S. courts to determine what law to apply when some or all of the operative facts underlying a claim or defense arise in another state or nation.  The course also considers the criteria used by U.S. courts in recognizing and enforcing the judgments of the courts of other states or nations.

Prerequisite: Civil Procedure (or Legal Process and Society).

Note: Students are not permitted to use their laptop in class. 

LAW 1017 v00 Congress and the Administrative State

J.D. Course | 3 credit hours

Almost every course in law schools teaches students about courts. This course teaches about Congress, the President, and agencies, as well as courts. Using case studies, the course introduces students to the government as a whole—Congress, the President, and the Supreme Court—and how each institution fits into the constitutional scheme. Much of the course’s focus is statutory interpretation, teaching interpretive skills applicable to all statutes, whether civil rights or tax or securities law. This course also introduces students to the rules governing Congress (e.g., the filibuster) and how and whether these rules should affect how legislation is passed and how courts interpret statutes. Because much statutory interpretation occurs under the President’s watch, the course also introduces students to rules governing administrative agencies, and explains how courts apply special rules of statutory construction to agency regulations. Almost all the classes will also include participatory exercises, in which students and the instructor will be public actors resolving difficult issues of public lawmaking. Thus, we shall imagine how lobbyists, legislators, administrators, and judges approach issues in their distinctive ways—and how the constitutional structure of public lawmaking influences and constrains these actors. The exercises are designed to teach practical skills as well as public law reasoning and substantive knowledge.

The text for this course will be Statutes, Regulation, and Interpretation: Legislation and Administration in the Republic of Statutes by Professors Abbe Gluck, William Eskridge Jr., and myself.

The final examination in the course will be an eight-hour take-home examination.

Note: This course is a first-year elective. First-year day students select an elective offered in the spring.

LAW 611 v12 Congressional Hearing Simulation: Updating the Fair Labor Standards Act for Today's Economy

J.D. Seminar | 1 credit hour

President Franklin D. Roosevelt called the Fair Labor Standards Act (FLSA) of 1938 “the most far-reaching, far-sighted program for the benefit of workers ever adopted in this or any other country." The historic FLSA established the minimum wage, created a standard workweek, and outlawed child labor. Almost eighty years later, many argue that the law is too rigid for today’s 21st-century workplace and the gig economy. Others contend that the law must be strengthened to better protect workers, many of whom face job insecurity; wage theft; or lack of health, retirement, and unemployment benefits. Most agree that the law needs to be updated -- but how?

In this dynamic and realistic Week One simulation, students will prepare for and conduct a Congressional hearing on updating the FLSA. Working in teams, students will gain experience in the key components of preparing for and conducting a hearing including writing, delivering, and responding to opening statements, testimony, and questions. Students will play the roles of witnesses such as Department of Labor leadership, business leaders, worker advocates, and others, as well as Democratic and Republican Congressional Members of Congress/staff. Additional Members of Congress will be played by outside experts. Upperclass teaching fellows will help guide student preparation for the hearing and also may serve as Members of Congress in the simulation.

Note: This course is mandatory pass/fail, and does NOT count against the 7-credit pass/fail limit for J.D. students.

This optional, elective course is for first-year J.D. students only, who are enrolled through a lottery process.

ATTENDANCE AT ALL CLASS SESSIONS IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety. For more information, please see the Week One website.

Due to the intensive nature of the course, the small-group, team, and individual work that is involved, and the preparation that is necessary to ensure a positive student experience, students who wish to drop the course after they have accepted a seat must drop by Friday, November 30, at 3:00 p.m. After that point, permission to drop from the course professor and Assistant Dean for Experiential Learning is required. Students who are enrolled but do not attend the first class session will be withdrawn from the course.

LAW 309 v00 Congressional Investigations and the Modern Government Inquiry

J.D. Course (cross-listed) | 2 credit hours

This course will focus on the scope and contours of Congress's oversight and investigative authority, how it has evolved over time, and key similarities/differences in relation to other types of government investigations. Specifically, it will examine the interplay between congressional investigations and the separation of powers between the Legislative, Judicial, and Executive branches of government, as well as how such investigations can impact private actors. Topics covered will include, among others:

  • Committee jurisdiction and grants of authority;
  • Interaction between Congress and the Executive Branch, including claims of Executive Privilege and special issues related to congressional oversight of active criminal investigations;
  • Judicial review of congressional oversight activities;
  • The applicability of constitutional and common law privileges and the congressional contempt power; and
  • Current trends in congressional investigations in light of a changing political dynamic in Washington, including the role of the minority party and specially-constituted investigative commissions.

The world of congressional investigations is truly interdisciplinary—-these high-stakes investigations often involve overlapping, and at times competing, considerations of law, legislation, lobbying, policy, politics, public relations, and media. Rarely does a congressional investigation occur in a vacuum—-for an issue to attract a congressional committee's attention, it is often necessarily subject to parallel criminal and civil proceedings, or it will be. Therefore, students will be challenged to assess the spectrum of risk a subject or witness might face, including criminal exposure, impacts on parallel litigation, administrative or regulatory issues, media scrutiny, reputational and economic risk, and potentially negative legislative results. Students will also consider the myriad objectives of a congressional investigation, including evaluating the effectiveness of existing laws, supporting or opposing legislation, or advancing a particular political agenda.

By the end of the course, students should have acquired a working understanding of:

  • The sources, scope, and history of congressional oversight and investigative authority;
  • Legal and business risks associated with congressional and other government investigations;
  • Key nuances and similarities in the representation of clients before various types of government bodies; and
  • Some basic practice concepts in the white collar representation of entities and individuals under government investigation.

Recommended: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Mutually Excluded Courses: Students may not receive credit for both this course and Congressional Investigations Seminar or Congressional Oversight of the Executive Branch.

LAW 309 v02 Congressional Investigations Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar deals with Congress’ powers to conduct oversight and investigations of the Executive branch. This seminar will cover the scope of Congressional inquiries and investigations, Congress’ subpoena powers, grant of immunity powers as well as hearing and rulemaking powers, the use of select committees, the GAO, and other special investigative techniques. The course will examine the use of prehearing depositions, rights of witnesses, preparation of witnesses, the role of the press and the interaction between Congress and prosecutorial functions including investigations conducted by special and independent counsel statute. In addition to the traditional use of lectures, class discussions and outside speakers, the course will be built around mastering the subject matter and surfacing ethical issues by working on complex problems. Students will be expected to work in small groups on contemporary issues to simulate the work of Committee members, Committee Staff, White House Counsel Staff and members of the news media.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the Legislative Investigations Seminar or Congressional Oversight of the Executive Branch.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 309 v03 Congressional Investigations Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar explores the range of issues involved in congressional investigations, with special attention paid to the differing perspectives of the major players, both inside and outside of Congress, in a congressional investigation. Congressional investigations involve a unique interplay of legal and political issues. Legal issues -- involving such matters as the rights of private institutions and private citizens who may be implicated in a congressional investigation, the legal and political ability of the Executive Branch to resist congressional probes, the authority of the Judicial Branch to interfere with or limit the conduct of congressional investigations, and the relationship of congressional investigations to related criminal and civil inquiries conducted by other governmental entities -- must be factored into the political calculus of the contending political forces involved in a congressional investigation. Political determinations -- which underpin such issues as the scope and duration of an investigation or whether witnesses should be interviewed, deposed or called to testify live at a hearing -- may have significant legal ramifications. This seminar will address these issues at both the practical and the theoretical levels. As part of the course, class members will be asked to participate in mock problems concerning different aspects of the process.

Recommended: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Congressional Oversight of the Executive Branch or Congressional Investigations and the Modern Government Inquiry.

LAW 1486 v00 Congressional Oversight of the Executive Branch

J.D. Seminar (cross-listed) | 2 credit hours

“Quite important as lawmaking is vigilant oversight of administration.”

“The informing function of Congress should be preferred even to its legislative function.”

Woodrow Wilson1

The above quotes capture the central theme for this seminar, which explores Congress’ oversight of the Executive Branch. Oversight and investigation are one of Congress’ primary means of asserting its role in the Constitutional scheme of separated powers. Historically, this assertion creates tensions that forces interplay among the three coordinate branches of government: legislative, executive, and judicial. This course will examine these issues as well as review the tools Congress uses to execute its powers. This includes the full range of Congress’ compulsory powers through the issuance of subpoenas, grants of immunity, contempt rulings, and enforcement actions in civil and criminal court. Students will use major investigations as case studies to demonstrate these processes. Students will be asked to assume roles as various actors in the process, which includes members of Congress and their staffs; officials in the executive branch, and the judiciary.


1Woodrow Wilson, Congressional Government, (Boston: Houghton, Mifflin, 1885), 303

COURSE OBJECTIVES:

  1. Students will understand the interplay among the three coordinate branches as a result of our constitutional structure, and how these structural relationships impact law and policy-making.
  2. Students will understand the tools at Congress’s disposal to effect legislative oversight and congressional investigations. To borrow a phrase from one of our texts, “you will learn how the worlds of lawmaking, law-implementing, law-interpreting, and law-enforcing connect.”

Prerequisite: Constitutional Law I: The Federal System; prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Congressional Investigations Seminar or Congressional Investigations and the Modern Government Inquiry.

LAW 1121 v00 Congressional Procedure and Statutory Interpretation Seminar

J.D. Seminar | 3 credit hours

Statutory interpretation is the lifeblood of legal practice—it even accounts for the largest part of the Supreme Court’s docket. To be an expert in statutory interpretation requires more intensive knowledge of how Congress works—its “rules of proceedings.” This seminar has two aims: first, to educate students about congressional procedure (akin to civil procedure or administrative procedure); to teach students how to apply this knowledge to real statutory interpretation cases; and to become expert in reading legislative history. This is a hands-on course requiring in-class use of the laptop and various databases to “find” and interpret legislative history. In this course, students will learn how to research legislative history in ways that make the process easier, more rigorous, and more consistent with Congress’s own rules. Students will apply this process in a final research project involving a recent or currently pending statutory interpretation case. This class meets the J.D. upperclass legal writing requirement.

Mutually Excluded Courses: Students may not receive credit for this course and Legislative Process Seminar.

Note: J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the two-credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 103 v00 Conservatism in Law in America Seminar

J.D. Seminar | 3 credit hours

This writing seminar explores various themes running through conservatism in American law. In the course of examining the meaning of American legal conservatism, it touches on certain basic questions about the nature and purpose of law both generally and in the United States in particular, as well as assumptions and beliefs about how human beings behave and how they learn to order their dealings with one another. It explores the relationship of conservatism in society to conservatism in American law, occasionally using current and past controversies to illustrate different ways of understanding conservatism in law as well as competing approaches.

Recommended: Constitutional Law I: The Federal System or Democracy and Coercion.

LAW 822 v00 Consolidated Returns

LL.M Course | 2 credit hours

This course studies the law and regulations governing the taxation of corporations filing consolidated federal income tax returns. This course is highly recommended for students who intend to practice corporate tax law because it will focus on consolidated return principles that affect corporate tax planning, mergers and acquisitions. The course will cover the following subjects: eligibility to file consolidated returns; treatment of business transactions within the group; treatment of dividends and other distributions within the group; adjustments to the basis of stock of members of the group; treatment of acquisitions of another consolidated group; treatment of dispositions of subsidiaries of a group; consolidated return treatment of the group's favorable tax attributes; use of disregarded entities by a consolidated group; and treatment of earnings and profits accounts. The consequences of filing consolidated returns in specific situations are considered as each topic is covered.

Prerequisite: Federal Income Taxation (formerly Taxation I); Corporate Income Tax Law I.

LAW 822 v50 Consolidated Returns: Principles and Planning

LL.M Course (cross-listed) | 2 credit hours

Studies the law and regulations governing the taxation of corporations filing consolidated federal income tax returns. This course is highly recommended for students who intend to practice corporate tax law because it will focus on consolidated return principles that affect corporate tax planning, mergers and acquisitions. The course will cover the following subjects: eligibility to file consolidated returns; treatment of business transactions within the group; treatment of dividends and other distributions within the group; adjustments to the basis of stock of members of the group; treatment of acquisitions of another consolidated group; treatment of dispositions of subsidiaries of a group; consolidated return treatment of the group's favorable tax attributes; use of disregarded entities by a consolidated group; and treatment of earnings and profits accounts. The consequences of filing consolidated returns in specific situations are considered as each topic is covered.

Prerequisite: Federal Income Taxation (formerly Taxation I); Corporate Taxation (formerly Taxation II) or Corporate Income Tax Law I.

Recommended: Corporate Income Tax Law II (for students who did not take Corporate Taxation).

LAW 1609 v00 Constitutional and Statutory Interpretation Seminar

J.D. Seminar | 3 credit hours

Analyzing text is a deeply important part of legal practice in public law, whether statutory or constitutional law.  It cuts across a wide variety of subject matter areas, from very basic aspects of the Constitution to any statutory topic imaginable. Whatever the subject matter, whether health care law, presidential emoluments, or internet privacy, certain problems of legal analysis recur.  How should courts analyze legal texts?  Where should judges go to look for meaning when the text is vague or ambiguous?  Should texts be updated to reflect current norms?   What does it mean to look for the drafter’s intent?   Should approaches toward statutory and constitutional text be symmetrical or not?  This seminar will introduce students to these problems and provide essential skills for reading both constitutional and statutory text.   Materials will be provided by the instructor and will include insights gained from linguistics, political science, philosophy, and behavioral economics.  Students will choose an appellate or Supreme Court case/cases to work through these questions and as the basis for a final paper.   Students interested in writing notes, whether on a law review or not, are encouraged to the take the course.  

LAW 089 v00 Constitutional Aspects of Foreign Affairs Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar deals with the distribution of powers between the president and Congress in the areas of war, diplomacy, international organizations, foreign assistance, commerce, money, etc. as well as the distribution of powers between the national and state governments. Such related matters as the impact on individual rights and the political question doctrine in this context are also discussed.

Prerequisite: Constitutional Law I (or Democracy and Coercion).

Mutually Excluded Courses: Students may not receive credit for both this seminar and the upperclass course, U.S. Foreign Relations and National Security Law or the J.D. or graduate course, Foreign Relations Law.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class. The faculty reserve the right to drop students from the class if they do not attend the first class. STUDENTS MAY NOT WITHDRAW FROM THIS CLASS AFTER THE ADD-DROP PERIOD ENDS WITHOUT THE PERMISSION OF THE PROFESSOR.

LAW 1601 v00 Constitutional Impact Litigation Practicum (Project-Based Practicum)

J.D. Practicum | 4 credit hours

This project-based practicum course will give students the unique opportunity to be part of the constitutional litigation work of Georgetown Law’s Institute for Constitutional Advocacy and Protection (ICAP).  Led by attorneys with deep experience in trial and appellate advocacy, national security law, and federal prosecution, ICAP works in close partnership with non-profit organizations, pro bono teams of law firms, and law school clinics to pursue strategic litigation to ensure clear recognition of constitutional rights in areas such as immigration restrictions, religious discrimination, free expression and privacy protection, national security, criminal justice reform, and whistleblower protection, among others.  Students will participate in a two hour/week seminar and carry out 10 hours/week of work with ICAP and its partners on strategic litigation.

SEMINAR: Drawing on experience from ICAP’s cases as well as prominent historical and current examples of impact litigation, the seminar will focus on the history of public and social justice litigation and its uses, criticisms, and obstacles.  Seminar participants will discuss strategies for bringing impact litigation, including identifying and selecting plaintiffs, test cases, venues, and legal theories, as well as engaging the public.  Students will receive specific instruction on how to prepare research memoranda useful to litigators exploring which cases to take and which arguments to make; on what makes for successful, persuasive briefing of constitutional arguments; and on how to explain to the public, in forms such as short op-eds, the crux of key legal challenges and the stakes associated with them.

PROJECT WORK: Students will work for 10 hours/week on constitutional litigation projects handled by ICAP, often in close partnership with law firms undertaking pro bono work, nonprofits, and/or law school clinics.  Students’ roles will include providing litigators with memoranda conveying research on relevant legal issues; drafting portions of briefing materials for use in litigation; and mooting oral advocates preparing to argue these matters in court.  ICAP’s previous work has included such topics as private paramilitaries, “sanctuary cities,” bail reform, fines and fees imposed on the indigent, retaliatory reassignment of civil servants, freedom of expression, and capital punishment.  Students will undertake multiple projects over the course of the semester, possibly on different litigation matters. Students will be given opportunities to express their preferences for particular projects, though work will be assigned as needed to support ICAP’s litigation. Students will be expected to work both independently and in teams, just as they would on an impact litigation team.

Prerequisite: Constitutional Law I. Additionally, J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Mutually Excluded Courses: Students may not concurrently enroll in this practicum course and a clinic or another practicum course. Students may concurrently enroll in this practicum course and an externship.

Note: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Interested students should submit a résumé and written statement (maximum of 300 words), articulating their interest in the practicum and noting any relevant academic and work experiences, especially in the field of constitutional law, to Professors McCord and Geltzer (jg1861@georgetown.edu, mbm7@georgetown.edu) by Monday, June 4, 2018. Students will be admitted on a rolling basis until all seats are filled.

This course is open to LL.M. students, space permitting.

This course is suitable for evening students who can commit to attending class and working 10 hours/week.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits will be awarded for approximately 10 hours of supervised project work per week, for a minimum of 11 weeks. Both the seminar and the project work will be graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Learning. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1359 v00 Constitutional Interpretation Seminar: Originalism and its Rivals

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will critically evaluate the "originalist" position that courts should be bound by the “original understanding” or by the “original public meaning” of the constitutional text, or by the "original Framers' intent. The seminar will then review a variety of alternative approaches, including ones that treat the constitutional text as having evolving meaning, and others that emphasize tradition, democracy, precedent, moral obligation, or other bases for constitutional interpretation, including alternatives that contest the idea that the Constitution should be considered binding or that the judiciary should have ultimate authority for constitutional interpretation. The positions will be identified and evaluated through a focus on Supreme Court decisions and on scholarly commentary. Participants will be expected to write short response papers for each week's reading and to attend the seminar meetings. No paper will be required.

LAW 004 v00 Constitutional Law I: The Federal System

J.D. Course | 3 credit hours

This course addresses questions concerning the role of the Supreme Court in resolving legal problems that arise under our fundamental law, as well as issues concerning the Constitution's distribution of power between the national and state governments and among the branches of the national government.

LAW 215 v00 Constitutional Law II: Individual Rights and Liberties

J.D. Course (cross-listed) | 4 credit hours

This course focuses primarily on the First, Fifth, and Fourteenth Amendments (free speech, due process, and equal protection) and the role of the Supreme Court as ultimate interpreter and guardian of the Bill of Rights.

Note for Professor Barnett's section: As a way to understand the structure of current doctrines, Professor Barnett’s course will stress how and why the doctrines evolved from the Founding through the Civil War, Reconstruction, the Progressive Era, the New Deal, the Warren and Rehnquist Courts to the Roberts Court today. Coverage will include the Second and Ninth Amendments. Internet access on any device is not allowed during class; all laptop use is disallowed in Professor Barnett's course.

Learning goals for Professor Spann's section:

The primary goal of the course is to teach stu­dents how to manipulate the doctrinal rules and underlying policy considera­tions that govern the topics in the course, and to get students to confront the norma­tive implications raised by such vast amounts of doctrinal indetermi­nacy.

LAW 305 v00 Constitutional Law Seminar: Suing the Sovereign

J.D. Seminar (cross-listed) | 3 credit hours

This seminar traces the development of the concept of sovereign immunity-the immunity of governmental entities from suit without their permission-through its many forms. The course begins with a general sketch of the doctrine, following its history from the Constitutional debates through the adoption of the Eleventh Amendment. Taking a more theoretical approach, the course will then focus on aspects of the doctrine that sound in subject matter jurisdiction and personal jurisdiction. Next, the course will survey four forms of sovereign immunity and related concepts, first reviewing basic principles of federal sovereign immunity and then considering, in turn, the Eleventh Amendment and state immunity, tribal immunity, and the immunity afforded by and to foreign countries. Throughout these various topics, the course will highlight the jurisprudential linkages -and differences-between these various forms of sovereign immunity.

During the course of the semester, we will have two critique sessions at which students will be assigned to teams and be required to debate several pre-identified issues. Depending on the size of the class, we will either have all the students participate in both debates or have students participate in only one of the two. Twenty percent of the students' grade will be derived from their performance at the critique(s), as well as class participation. At the student's option, this course may also be taken as a WR seminar, requiring students to write a publishable paper of appropriate length on a specific topic.

Prerequisite: Constitutional Law I: The Federal System or Democracy and Coercion.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 1512 v00 Constitutional Litigation and the Current Administration

J.D. Seminar | 2 credit hours

In its first year, the Trump Administration faced an unprecedented number of legal challenges to the constitutionality of its actions. These cases raised many important questions about the strategy, mechanics, and complexities of litigating and defending constitutional claims against the President. They also shed light on the extent to which constitutional litigation under the current administration is unique.

In this seminar, we will study major challenges to the Trump Administration as a vehicle for exploring the fundamentals of constitutional litigation. We will place special emphasis on the key strategic judgments made by parties, and courts, over the course of each case. In addition, we will seek to identify common themes in the filings and opinions that we study, and will aim to appreciate ways in which constitutional litigation against the Trump Administration has been similar to (and different from) cases against prior administrations. Students will acquire an understanding of key players in constitutional cases as we study their goals and tactics. They will also develop an informed and critical perspective on major cases against President Trump, drawing on insights from diverse viewpoints.

The seminar will begin with a thematic overview of constitutional litigation against the Trump Administration. We will then explore, at length, litigation over President Trump's series of travel bans. Building from that foundation, we will address a broad array of cases. In Spring 2018, we covered: (1) military service by transgender individuals; (2) presidential compliance with the Emoluments Clauses; (3) the rescission of DACA; (4) President Trump's decision to block certain individuals on Twitter; (5) abortion rights of undocumented migrant juveniles; (6) sanctuary cities; and (7) changes to the 2020 Census. Along the way, we touched on many other cases against Trump. While we likely will cover many of these topics in Spring 2019, we will update the syllabus as appropriate in light of ongoing developments.

Each week, students will study relevant court pleadings and opinions, from district courts all the way to the Supreme Court. They will also read contemporaneous legal commentary that offers varied perspectives on key issues and themes.

Learning Objectives:

  1. Introduce students to the fundamentals of constitutional litigation, from its inception through appeal.
  2. Understand the ways in which claims and defenses may evolve throughout the course of litigation and proceed as a conversation between lower courts, courts of appeals, the Executive Branch, and Congress.
  3. Learn to analyze and critique actual pleadings, with an eye towards the parties’ litigation strategy, goals, and hurdles.
  4. Learn to analyze and critique judicial opinions on constitutional claims over the course of an entire litigation (rather than just reading the Supreme Court ruling), linking this skill to a refined appreciation of the judicial role and the rule of law.
  5. Understand the aspects of modern constitutional challenges that have been common to earlier constitutional litigation against the federal government, as well as the features of the present landscape that are remarkable or unique.
  6. Draw upon cutting-edge legal scholarship to analyze trends in constitutional litigation under the Trump Administration.

Prerequisite: Civil Procedure or Legal Process and Society; Constitutional Law I: The Federal System or Democracy and Coercion.

LAW 017 v00 Constitutional Rights and Their Limitations: Proportionality

J.D. Seminar (cross-listed) | 1 credit hour

In many countries (e.g. Canada, Germany, Spain, Brazil), the regular legislature can take action affecting constitutional rights that are part of the Bill of Rights, so long as such effect is proportional (that is suitable and necessary to achieve legitimate government ends and properly balanced). In our class, we will look into the concept of proportionality, its scope and its rationales. We shall compare it with American jurisprudence, while trying to see whether constitutional rights are better protected by the American method of interpretation or by a proportionality analysis.

Note: WEEK ONE COURSE. This seminar will meet for one week only on the following days: Monday, January 8, 2018 through Friday, January 12, 2018, 1:30 p.m. - 4:05 p.m. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Note: Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 184 v02 Constitutional Theory Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar is focused on examining the nature and practice of American constitutionalism. This is a broad topic, and so we can only scratch the surface in a semester. Constitutionalism in the American tradition is defined by the insistence upon a written constitution as fundamental law that prescribes the limits of all delegated power. This move, so much a part of early American constitutional thought, attempts to empower and limit government. Yet the act of writing itself does not guarantee that the higher law would be translated from word to deed. In order to understand the dynamics of how the Constitution—with its text, structure, philosophical foundations, and institutional orderings in writing—are given effect, we must include not only Supreme Court decisions, but the fundamental tensions that are encoded into a system with countervailing powers, rights, and popular representation. Therefore, a study of American constitutionalism must examine the ways in which political, historical, and philosophical influences have interacted with the formal legal Constitution.

This seminar will examine the Constitution as the subject of normative interpretative theory, and as an aspect of political practice, raising both descriptive and normative questions. Judicial decision-making will be part of the larger theoretical landscape involved in discerning constitutional meaning, but so will the ways in which the political branches provide their own substantive view of the Constitution. While the lessons each week are generalizable, they are largely elaborated in the context of American institutions, culture, norms, and theoretical assumptions. The goal of this seminar is to provide a better understanding of constitutional law through a broader introduction to constitutional theory and practice.

LAW 1101 v00 Consumer Advocacy: Public Health Regulation of Tobacco and Personal-Care Products (Fieldwork Practicum)

J.D. Practicum | 4 credit hours

In fieldwork practicum courses, students participate in weekly seminars and conduct related fieldwork at outside organizations. This fieldwork practicum course will focus on federal regulation of tobacco and personal-care products by the Food and Drug Administration (FDA) under the Food, Drug, and Cosmetic Act and how public interest groups advocate greater protections for consumers. Students will participate in a two-hour/week seminar and carry out either 10 or 15 hours/week of fieldwork as interns with one of two national consumer and environmental health organizations: the Campaign for Tobacco-Free Kids or the Environmental Working Group. (Two pass/fail credits will be awarded for 10 hours/week of fieldwork, and three pass/fail credits will be awarded for 15 hours/week of fieldwork.)

SEMINAR: In the two-credit, graded, seminar portion of the practicum, students will utilize legislative and administrative materials as well as case law to become familiar with the processes by which the federal government regulates tobacco and personal-care products, and to critique both the statutory framework and FDA’s performance in protecting consumers. The 2009 Tobacco Act created a new regulatory regime very different from the FDA’s existing authority to regulate other products within its jurisdiction. Examination of the agency’s initial steps to carry out this responsibility provides a chance for students to understand how a federal agency responds to a legislative mandate requiring innovative action to address a major public health problem. On the other hand, FDA has minimal authority to regulate personal-care products, raising real concerns for consumer protection. The course will also touch on related topics such as the role of the Federal Trade Commission in the regulation of trade practices, the Freedom of Information Act, the legislative process and the interaction of federal and state regulation.

FIELDWORK: In the two- or three-credit, mandatory pass-fail, fieldwork portion of the practicum, students will work as interns with the Campaign for Tobacco-Free Kids or the Environmental Working Group on projects aimed at strengthening the legislative or administrative processes, or on matters in litigation, under the supervision of attorneys connected with these organizations. (Students who have completed this course will have priority consideration if they opt to apply for the year-long Toni Stabile Graduate Fellowship at the Environmental Working Group after graduation.)

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Recommended: Administrative Law; Food and Drug Law-related courses.

Mutually Excluded Courses: Students may not concurrently enroll in an externship or a clinic or another practicum course.

Note: LL.M. students must seek professor permission to apply.
Evening students who work during the day are encouraged to reach out to the professors to determine whether this practicum course would be compatible with their schedules.
This is either a four or a five credit course, depending on the number of fieldwork hours/week. Two credits will be awarded for the two-hour weekly seminar and either two credits (for 10 hours/week) or three credits (for 15 hours/week) for the fieldwork. The fieldwork will be conducted over a minimum of 11 weeks, to be arranged with the faculty members. Students will have the ability to choose the credit option that best fits their schedules. However, the fieldwork must be completed during normal business hours. All students will initially be registered for a total of four credits, which is the two-credit seminar plus the two-credit fieldwork section. Once the preregistration results are released, contact the Office of the Registrar to confirm the number of credits you wish to receive for the fieldwork and she will inform the Office of the Registrar of any changes that need to be made. If you enroll after the preregistration period and wish to enroll for additional fieldwork credits, contact Bernice Ines at api5@law.georgetown.edu. All requests for additional fieldwork credits beyond the two credits that are automatically assigned must be received by 5:00 p.m. on January 20, 2017.
The two-credit seminar portion of this practicum will be graded. The two or three credits of fieldwork are mandatory pass/fail. Students will be allowed to take another course pass/fail in the same semester as the fieldwork.
Note: The course will typically meet on Wednesday afternoons, but will have one additional class meeting on Saturday, January 21, 2017, from 9:00 a.m. to 1:00 p.m., in an effort to frontload some of the course material before students begin their fieldwork. On two Wednesdays later in the semester, the class will not meet, to account for the one Saturday session.
Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and fieldwork components.
Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1341 v00 Consumer Class Action Litigation Seminar

J.D. Seminar | 3 credit hours

This seminar provides an introduction to the substantive and procedural issues commonly faced in plaintiffs’ side contemporary consumer protection class action litigation. The first few sessions include a survey of the applicable law. The remainder of the seminar is devoted to evaluation of whether particular practices in today’s marketplace are subject to effective challenge on behalf of consumer classes. Students’ individual work will consist of the identification such practices and development of a comprehensive litigation plan, including an analysis of issues likely to arise on the prosecution of such claims. No prior background is required.

LAW 1270 v00 Consumer Debt and Bankruptcy Seminar

J.D. Seminar (cross-listed) | 3 credit hours

Over the past fifty years, American households have increasingly relied on borrowing to make ends meet. For most families, growth in household debt has outpaced growth in wages. Credit fills the gap between stagnant incomes and rising expenditures. As a result, many families struggle under unmanageable debt obligations. 
 
This course focuses on the laws that govern consumer credit and debt collection: state and federal lending and consumer protection laws, rules allocating rights and remedies between debtors and creditors, and federal bankruptcy law. We will examine both legal doctrines and the public policy debates that shape their development. The course is divided into four units. First, we will consider why families incur debt, where they borrow, and how debt fits into the household balance sheet. Then, we will explore how particular types of loan products are regulated, including “fringe” products like payday loans. Third, we will examine what rights the law gives to creditors to collect, such as through foreclosure of residential mortgages. We will likewise study the scope of debtors’ substantive rights and procedural protections, and the limits they place on debt collection activities. Finally, we will delve into the law of consumer bankruptcy, exploring the policy goals of the bankruptcy system and the 2005 bankruptcy reforms. Throughout the course, we will consider not only the formal legal rules governing household debt, but also how those rules work in the real world. 
 
STUDENT LEARNING OUTCOMES 
At the end of the course, students should be able to: 
• Demonstrate knowledge of the key laws governing consumer debt and bankruptcy and of the recurring debates related to policymaking in this field 
• Research and master the existing literature on a topic in the field of consumer debt and bankruptcy, and make an original contribution to it 
• Evaluate and critique arguments presented in the course readings and other legal scholarship 
• Communicate ideas and arguments in an organized fashion, both orally and in writing

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 1386 v00 Consumer Debt Collection Seminar

J.D. Seminar | 3 credit hours

Collection of debts from consumers is one of the most vexing and ubiquitous problems for consumers in the United States today. The Consumer Financial Protection Bureau (“CFPB”) estimates that over 35% of Americans with a credit file have a debt collection reported in their credit file1 and the conduct of debt collectors has been the subject of statutes, consumer abuse complaints, government action, and private lawsuits for decades. When the Federal Fair Debt Collection Practices Act (”FDCP”) was enacted in 1977, it specifically prohibited the FTC from adopting regulations under the FDCPA.2 In 2010 the CFPB was given authority, for the first time, to regulate debt collection. Debt collection is now on the CFPB’s Fall 2015 rulemaking agenda.

In this seminar, students will study the entire debt collection landscape, including the history of debt collection, the history of regulation of debt collection, the current debt collection industry and issues raised by the debt collection industry, the CFPB’s upcoming rulemaking and, and lawsuits on consumer debts and against debt collectors.


1 Consumer Financial Protection Bureau, The Consumer Credit Card Market (December 2015)[available at http://files.consumerfinance.gov/f/201512_cfpb_report-the-consumer-credit-card-market.pdf] at 240. (“Of the 220 million Americans with a credit file, around 77 million have debt in collections reported in their credit files.”).

2 15 U.S.C. 1692l(d)


Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

This course will be enrolled via waitlist.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 622 v01 Consumer Finance

J.D. Course (cross-listed) | 3 credit hours

Consumer spending drives the economy. This course studies the system of consumer finance—the way in which consumers consumption is financed. The course focuses on four themes: the empirical state of household finances; the psychology and sociology of consumer finance; the business of consumer finance; and the regulation and political economy of consumer finance. The course is structured around the jurisdiction of the new Consumer Financial Protection Bureau: bank accounts and savings vehicles; payment systems; consumer credit; consumer financial advice; and some insurance products. Specific topics to be covered include conspicuous consumption, behavioral economics, operational costs and underwriting, credit reporting, mortgages, credit and debit cards, checking and savings accounts, fringe banking products, the unbanked, debt collection, consumer financial information, and the powers of the CPFB.

LAW 622 v02 Consumer Finance

J.D. Course | 3 credit hours

This course studies the various sources of law that have an impact on consumer sale, lease, and credit transactions, including common law, state consumer legislation, federal consumer legislation, and federal consumer regulations. Such consumer problems as warranty, deceptive trade practices, holder in due course, credit collection practices, credit disclosures, adhesive contractual provisions, laws governing bank accounts and savings vehicles, payment systems, consumer credit, consumer financial advice, some insurance products, credit reporting, mortgages, credit and debit cards, checking and savings accounts, fringe banking products, the unbanked, debt collection, and consumer financial information are explored.

LAW 1452 v00 Consumer Protection Law Seminar

J.D. Seminar (cross-listed) | 2 credit hours

Consumer protection law seeks to address a wide (and ever-evolving) list of deceptive, fraudulent and unfair practices. In this course, we will survey the laws, players, and industries that are affected by consumer protection law. Among other subjects, we will cover advertising practices (including native advertising), mortgage fraud, privacy, identity theft, payday lending, and higher education.

LAW 1355 v00 Contemporary Bias and Law Seminar

J.D. Seminar | 2-3 credit hours

This course analyzes stereotypes, prejudice, and subtle forms of bias, and the role of law in protecting individuals from such bias. We will take an interdisciplinary approach, incorporating perspectives from social psychology, sociology, law, and business. Special attention will be given to empirical studies used to examine race and gender inequality in the workplace.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 458 v00 Contract Law Seminar: Franchising

J.D. Seminar (cross-listed) | 2 credit hours

Franchised businesses account for approximately 40 percent of retail sales in the U.S., more than a trillion dollars a year, and have about 10 million employees. Franchising is growing: a new franchise opens in the U.S. roughly every eight minutes of every working day. Although most people may associate franchising with “fast food restaurants,” franchising is prevalent in many areas of the economy, including automotive, hotel, various retail establishments, and numerous business services, among others. With the explosive growth of franchising, which really began in the 1950s, has come the development of franchise law as a separate discipline during the past 60 or so years and significant growth in the number of lawyers who practice in this field. Thus, franchising and the evolving practice of franchise law have a great practical impact on the U.S. and global economy.

Franchise law is a combination of contract and statutory law and is heavily influenced by trademark, antitrust and other areas of business law. Franchise agreements tend to be lengthy multi-year trademark licensing agreements. Because franchising involves distribution of goods and services, antitrust and other competition law considerations must be taken into account. Franchising is also regulated at both the federal and state level. Franchise sales are regulated by state and federal disclosure requirements, analogous to SEC requirements. Automotive, petroleum and certain other franchise relationships are regulated by specific statutes, while various states generally regulate aspects of the franchise relationship, such as termination or renewal of the relationship. There is a substantial amount of litigation in franchising, involving not only disputes between franchisors and franchisees, but also consumers and others. Many common law contract concepts, such as the “implied covenant of good faith and fair dealing,” have evolved and continue to evolve in the context of franchise law. Franchising is also growing rapidly outside the U.S.; accordingly, a variety of laws and regulations of other countries are relevant.

This course will cover the legal and practical business basics of franchising, including, structuring of the franchise relationship and the analysis of franchise agreements; the sales process and disclosure requirements; the relationship of franchising, employment, trademark and antitrust law; contract and other common law concepts that affect the franchise relationship; statutes regulating the franchise relationship at the state and federal level; automobile, petroleum and international franchising; and franchise-related litigation. Students will be evaluated on the basis of a paper and class participation, including mock negotiations at the end of the semester.

Learning Objectives:

My principal goal is for you to gain a general understanding of franchise law. In addition, I want you to become comfortable reading complex contracts, specifically franchise agreements, and to be able to analyze and negotiate a franchise dispute.

Prerequisite: Contracts (or Bargain, Exchange, and Liability) or, for foreign-educated LL.M. students, Foundations of American Law, Introduction to U.S. Legal Systems or a Contracts equivalent course from the home country.

LAW 002 v01 Contracts

J.D. Course | 4 credit hours

Introduces students to the law of contracts, the branch of law primarily concerned with private exchange. The course considers how individuals and businesses make binding agreements and the consequences of doing so. The major topic areas are the bases for enforcing contracts; the agreement process; contract interpretation; remedies for breach of contract; arbitration clauses; good faith and best efforts; and the problems of substantive and procedural unfairness and unconscionability. Special attention will be paid to the connection between the cases studied and the drafting and negotiation of contracts. Reading materials include judicial opinions, the Uniform Commercial Code, and excerpts from legal and professional journals. The course provides a foundation for subsequent studies in commercial law.

Learning goals for Professor Spann's section:

The primary goal of the course is to teach stu­dents how to manipulate the doctrinal rules and underlying policy considera­tions that govern the topics in the course, and to get students to confront the norma­tive implications raised by such vast amounts of doctrinal indetermi­nacy.

Note: This is a required course for first year students only.

LAW 110 v03 Copyright Law

J.D. Course (cross-listed) | 3 credit hours

This course examines the law of copyright and its role within the overall framework of intellectual property law. Topics covered include the subject matter requirements for copyrightability; the rules that govern determination of authorship, the rights that copyright law confers on authors and the limitations and exceptions to those rights; the rules governing indirect liability of intermediaries and liability for circumvention of technological protections; and the scope of copyright preemption.

Learning goals for this course:

Critical mastery of the existing copyright statutory, doctrinal, and policy landscapes; critical mastery of strategic considerations in copyright licensing and litigation, in technology ventures that implicate copyrights, and in copyright policymaking.

LAW 110 v07 Copyright Law

J.D. Course (cross-listed) | 3 credit hours

This course examines copyright law, providing a basic understanding of its objectives and principles. Topics covered include subject matter requirements for copyrightability; rules that govern determination of authorship; rights copyright law confers on authors; rules governing indirect liability of intermediaries and liability for circumvention of technological protections; and scope of copyright preemption. The course will also consider the tensions between copyright holders and technology that threatens traditional content business models.

LAW 1425 v00 Corporate Criminal Law: A German Case Study

J.D. Seminar | 1 credit hour

Unlike the USA (und most other European states), Germany does not provide for corporate criminal law. Instead, it is at the discretion of the competent authorities whether or not to impose a regulatory fine on legal entities. These fines are limited to the amount of EUR 10MM (higher fines are only permissible with regard to antitrust law violations covered by EU law). Therefore, a significant impact on the organisation acting unlawfully is often only reached by further or alternative legal measures (i. e. skimming off excess profits and forfeiture of the gross pecuniary advantage gained).


For instance, even a German private limited company (“GmbH”) that has drawn profits amounting to EUR 100MM from an punishable export transaction with North Korea can only be fined up to this amount due to the skimming off-provisions. A higher sum may only be determined as a forfeiture measure.


In any case, German administrative law does not allow for administrative sanctions that deliberately aim at fining the legal entity out of existence. Further, punitive damages are not awarded in Germany.


For these and further reasons German scholars and politicians of today lively discuss the necessity of introducing a corporate criminal law system (and, if required, which concrete design is preferable). The broad discussion concerns inter alia the following subject matters: Are legal entities or rather business enterprises (including corporate groups) the appropriate circle of perpetrators under the future criminal legislation? What are the constitutional requirements – if any – with regard to “corporate mens rea”? And does an indicted corporation enjoy all of the constitutional rights implicated in the criminal investigation or prosecution of an individual?

Note: WEEK ONE COURSE. This seminar will meet for one week only, on the following days: Monday, January 9, 2017, through Thursday, January 12, 2017, 9:00 a.m. - 12:20 p.m. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Note: Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 114 v00 Corporate Finance

J.D. Course (cross-listed) | 3 credit hours

This course begins with an introduction to modern finance theory to provide tools for understanding valuation problems. Students will learn about discounted present value, valuation of risk, portfolio theory, capital asset pricing model, efficient markets hypothesis, and options theory. The course then moves to a legal analysis of the rights and claims that attach to various securities, beginning with contractual rights of bondholders and convertible security holders. It then considers the contractual and extracontractual rights of preferred shareholders and the dividend and control rights of common stockholders. The course ends with an examination of mergers and acquisitions, bankruptcy and corporate reorganization, and new types of financial securities and their legal implications. Attention is paid throughout the course to the conflicts that arise between security holders, and the implications of the allocation of control rights among security holders for corporate governance and for public policy.

Prerequisite: Corporations.

Recommended: Prior or concurrent enrollment in Accounting for Lawyers or Basic Accounting Concepts for Lawyers.

Mutually Excluded Courses: Students may not receive credit for both this course and Corporate Finance: Quantitative Analysis and Valuation.

LAW 114 v05 Corporate Finance

J.D. Course (cross-listed) | 4 credit hours

This course will provide students with a foundation in the financial and legal aspects of a business’ capital structure.  It is designed to put students in a position to collaborate on and communicate regarding corporate finance matters with clients and other stakeholders such as bankers, investors and regulators.  The course covers many of the subjects included in a business school finance class (e.g. discounted present value, valuation of risk, financial statement analysis, the capital asset pricing model and, most importantly, business valuation), while emphasizing the legal aspects of the capital structure, including the contractual and statutory regimes governing bonds, loans and other debt instruments, convertible securities and preferred and common equity.  Other on- and off-balance sheet financing instruments will also be considered including leases, derivatives and structured products.  The course concludes with two units applying the principles covered in the first part of the course—mergers and acquisitions and financial restructurings and reorganizations. 

Recommended: Corporations.  While not required, students will find it helpful to be familiar with the concepts covered in an introductory financial accounting course.

Mutually Excluded Courses: Students may not receive credit for this course and Corporate Finance: Quantitative Analysis and Valuation.

LAW 114 v04 Corporate Finance: Quantitative Analysis and Valuation

J.D. Course (cross-listed) | 2 credit hours

This two-credit course provides an introduction to basic quantitative analysis techniques in corporate finance. Students will learn the fundamentals of valuation as it relates to a variety of assets, including bonds, stocks, options, and derivatives. Our class discussion will also touch on real problems that students are likely to face in legal practice.

Topics covered include: analysis of basic financial statements; net present value and internal rate of return; dividend discount model; bond pricing, yields, and the term structure of interest rates; the capital asset pricing model (CAPM); weighted average cost of capital; arbitrage pricing theory; free cash flow analysis; efficient and alternative theories of capital markets; capital structure and leverage; dividend and payout policy; put and call option pricing; the Black-Scholes model; warrants and convertibles; and the pricing of forward and futures contracts. If time permits, we will also touch on more advanced pricing techniques that use stochastic processes such as random walks.

In addition to teaching these tangible skills, the course will develop students’ mathematical intuition, which will enable them to navigate financial problems with more confidence in both in their professional and personal lives. This mathematical intuition will be built up through 4-6 problem sets I will assign. These problem sets will also enable students to gain familiarity with Microsoft Excel, which we will use throughout the semester.

Our textbook will be Corporate Finance (11th ed. 2016) by Ross, Westerfield, Jaffe, and Jordan. Class attendance is mandatory and along with participation will count for 10% of the final grade. Problem sets will count for 20% of the final grade, with the remaining 70% determined by a comprehensive four-hour final exam.

Strongly Recommended: Corporations.

Mutually Excluded Courses: Students may not receive credit for this course and Corporate Finance.

LAW 113 v06 Corporate Governance Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar will focus on current issues in corporate governance in the context of seminar requiring a substantial written paper. We will consider how these developments relate to current theories of corporate governance and to the development of corporate governance laws and best practices in the United States and several other jurisdictions. The seminar will meet weekly to discuss assigned readings; students will be expected to produce topic outlines and a draft of their final papers during the term as well.

Among the subjects to be considered are: (1) the need – in the context of large public corporations - for corporate governance rules due to the separation of corporate control from ownership; (2) the governance-related duties and responsibilities of corporate directors, officers and controlling shareholders; (3) competing theories of ‘shareholder primacy’ and ‘director primacy’; (4) the changing roles of institutional investors seeking improvements in corporate governance; (5) activist investors and the competing governance theories of short term vs. long term investment strategies; (6) “shareholder democracy” and “shareholder primacy,” including such issues as majority voting, say-on-pay, proxy access, shareholder engagement and controlled or dual-class share structures for corporations; (7) corporate social responsibility, diversity in the boardroom and the role of non-shareholder stakeholders (local communities, environmental advocates, employees, creditors, consumers, etc.); (8) the role of corporate lawyers in corporate governance (including who is the “client” – the board, management or shareholders); (9) the interactions between state corporate law and federal securities law and various regulators; and (10) new international perspectives on corporate governance.

Prerequisite: Corporations.

Recommended: Securities Regulation and/or Corporate Finance.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 113 v07 Corporate Governance Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar will focus on current issues in corporate. We will consider how these developments relate to current theories of corporate governance and to the development of corporate governance laws and best practices in the United States. The seminar will meet weekly to discuss assigned readings.

Among the subjects that may be considered are: (1) the need – in the context of large public corporations - for corporate governance rules due to the separation of corporate control from ownership; (2) the governance-related duties and responsibilities of corporate directors, officers and controlling shareholders; (3) competing theories of ‘shareholder primacy’ and ‘director primacy’; (4) the changing roles of institutional investors seeking improvements in corporate governance; (5) activist investors and the competing governance theories of short term vs. long term investment strategies; (6) “shareholder democracy” and “shareholder primacy,” including such issues as majority voting, say-on-pay, proxy access, shareholder engagement and controlled or dual-class share structures for corporations; (7) corporate social responsibility, diversity in the boardroom and the role of non-shareholder stakeholders (local communities, environmental advocates, employees, creditors, consumers, etc.); (8) the role of corporate lawyers in corporate governance (including who is the “client” – the board, management or shareholders); (9) the interactions between state corporate law and federal securities law and various regulators; and (10) new international perspectives on corporate governance.

Seminar participants are expected to attend all sessions and to participate actively in each class.  All participants will submit reaction papers/essays on the assigned materials for some of the classes and complete a team project, including a presentation in the last two weeks of class.

Students who are taking the seminar for 2 credits will be assigned to five weeks for which they must complete essays.

Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement. Students enrolled in the 3 credit section must submit a paper topic or a list of potential topics for approval at the first class session. Students must prepare an outline, a draft, and a final paper on a topic related to the seminar and chosen in consultation with the professor. The paper should reflect extensive research into applicable materials, including case law, statutes, regulations, as well as enforcement actions. Students enrolled in the 3 credit version of the seminar will be assigned two weeks for which they must complete essays.

Prerequisite: Corporations.

LAW 848 v00 Corporate Income Tax Law I

LL.M Course | 2 credit hours

Examines the federal income tax effects of certain basic transactions involving corporations and their shareholders. Principal subjects covered include corporate formation and capital structure, distributions to shareholders, redemptions and liquidations. Major emphasis is upon Internal Revenue Code Sections 301-362 and related Treasury Regulations.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Recommended: Corporations.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course, Corporate Taxation (formerly Taxation II).

Note: Required for Taxation LL.M. and Executive Tax LL.M. degree.

DISTANCE STUDENTS REGISTER FOR CRN#: 35217. The Fall 2018 section with Levine/Poulsen is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 850 v00 Corporate Income Tax Law II

LL.M Course (cross-listed) | 2 credit hours

Continues the study of provisions of the federal income tax law applicable to corporations and their shareholders. Detailed study is given to corporate reorganizations under Subchapter C, including acquisitions, divisive reorganizations and recapitalizations; the treatment of boot; the basis provisions; the assumption of liabilities; and related matters. Consideration also is given to carryovers of corporate tax attributes, including restrictions applicable to loss corporations.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Recommended: Prior or concurrent enrollment in Corporate Income Tax Law I.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course, Corporate Taxation (formerly Taxation II).

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35368. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 1267 v00 Corporate Legal Department Practicum (Fieldwork Practicum)

J.D. Practicum | 4 credit hours

In fieldwork practicum courses, students participate in weekly seminars and perform fieldwork at outside organizations. This fieldwork practicum course will provide students with an appreciation of the work that lawyers do in corporate and non-profit organization legal departments. Students will participate in a two hour/week seminar and do approximately 10 hours of fieldwork each week in the legal department of a for profit or non-profit corporation in the Washington, D.C. area.

SEMINAR: The two-credit, graded, seminar portion of the practicum will focus on the competencies that lawyers need to be successful in corporate legal departments, how corporate clients make use of the work of their lawyers, how business considerations shape the work that lawyers perform, and the major legal issues with which various companies must contend. It also will prompt students to develop sensitivity to the constituencies outside the corporation on which a company’s activities may have an impact. Classes will include discussion of assigned readings, problem-solving exercises on issues set in the corporate legal department context, and discussions of students’ placement experiences. Students will be assigned a mid-term paper on a subject relating to in-house law department practice, and will make a presentation at the end of the semester on a topic of their choosing that relates to the student’s fieldwork and/or areas discussed during the seminary portion of the course. Grades will be based on class participation, the mid-term paper, and the final presentation.

FIELDWORK: In the two-credit, mandatory pass-fail, fieldwork portion of the practicum, students will work under supervision for approximately 10 hours each week in the legal department of a corporation in the Washington, D.C. area. Please note that due to the nature of the work, some periods will be busier than others and there may be times when students will need to work more than 10 hours in a given week.

Students will be responsible for paying their own transportation to/from their fieldwork location.

Learning Objectives:

This practicum is designed to teach the practical skills needed by lawyers practicing in the general counsel’s office of an organization. While such a lawyer will rely on training received in law school that is applicable to lawyers wherever they may practice, the role of the in-house lawyer is different from that of the private practice lawyer for a number of reasons, including that the in-house lawyer is an employee of the client, may be looked to for both legal compliance and business promotion services, will be interacting daily with numerous other employees of the organization, and may often not have the luxury of time to prepare carefully researched answers to difficult legal questions.

The course will teach the skills described in the syllabus topics through weekly seminar discussions, in-class simulations of tasks and situations facing in-house counsel, experiential learning from students’ field assignments with local business and non-profit organizations, and in-class discussions of students’ field work experiences. 

Prerequisite: Corporations and prior or concurrent enrollment in a professional responsibility course. J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and an externship or a clinic or another practicum course. Students may not receive credit for this practicum and the course In-House Counsel: Law and Practice.

Note: This course is open to JD students only.

THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Students must submit a CV, a description of any relevant background in business or non-profit organizations, and a statement of interest in the course to Professor Peter Morgan (PMorgan@blankrome.com) by 5:00 p.m. on June 4, 2018. After the June 4 application deadline, students will be admitted into open seats on a rolling basis. Any student who is offered a seat in this course will be directly enrolled and will have one week only in which to drop. After that time, a student may only drop the course with the permission of the professor and the Assistant Dean of Experiential Education. Permission will be granted only if remaining in the practicum would cause significant hardship to the student.

This course may be suitable for evening students who can attend the weekly seminar and participate in the required amount of fieldwork.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits for the supervised fieldwork. The fieldwork must be completed during normal business hours. The two-credit seminar portion of this practicum will be graded. The two credits of fieldwork are mandatory pass/fail. Students will be allowed to take another course pass/fail in the same semester as the fieldwork.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and fieldwork components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar or one week of unexcused absences from the fieldwork may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 422 v00 Corporate Taxation

J.D. Course (cross-listed) | 4 credit hours

This course is a continuation of Taxation I. The course examines income tax aspects of the formation and liquidation of corporations and interim distributions to shareholders. It also concerns the sale of a business operated in corporate form. While the focus is on the traditional corporate form, it is contrasted with alternate forms of business operation--partnerships and subchapter S. NOTE: Students who plan to take the Business Planning Seminar or the course in Venture Capital, Private Equity, and Entrepreneurial Transactions should take Taxation II, a prerequisite for that seminar and course, as early as possible in their upperclass years.

Prerequisite: Federal Income Taxation (fomerly Taxation I).

Mutually Excluded Courses: Students may not receive credit for both this course and the graduate courses, Corporate Income Tax Law I or Corporate Income Tax Law II.

Note: Any section of Corporate Taxation (formerly Taxation II) satisfies the Corporate Income Tax Law I requirement for the LL.M. in Taxation.

LAW 294 v00 Corporate Transactions: Negotiating the Deal and Drafting the Documents

J.D. Seminar (cross-listed) | 3 credit hours

The core of a corporate practitioner’s work is the practical application of corporate and securities law concepts to further client objectives. This course will allow you to apply knowledge you have gained in studying corporate, contract and securities law to the practical aspects of advising mid-sized and larger corporations. You will draft and negotiate documents for corporate formation, funding, public stock offerings, and business combinations. This practical approach is designed to give you the legal writing and negotiating skills you will need to be a strong corporate lawyer. Several sessions will cover discrete topics related to events in the life of the corporation, with emphasis on crafting the right solution for the client. Many of the classes will involve “real time” drafting and negotiating sessions for the documents you have written.

Prerequisite: Corporations.

Recommended: Prior or concurrent enrollment in Securities Regulation.

Mutually Excluded Courses: Students may not receive credit for this course and Business Planning Seminar.

LAW 121 v01 Corporations

J.D. Course (cross-listed) | 4 credit hours

Students should note that Corporations is a prerequisite for Advanced Corporate Law, Comparative Corporate Law, Corporate Finance, Securities Regulation, Business Planning Seminar, and many corporate law seminars.

This is a basic course in business corporations. Brief coverage is given to factors bearing on choice of organization, including partnership attributes, process of corporate formation, corporate privileges and powers, corporate capital structure, and limited liability. Close examination is given to the governance structure of the corporation and the fiduciary obligations of directors and officers. The particular nature of the public corporation is explored. Topics studied may include stock trading by corporate insiders, transactions in corporation control, and the procedural problems in stockholder derivative suits. Along with a focus on such policy questions as federal-state jurisdiction, the nature of the corporate governance system, and the role of the corporation in modern society, the course deals with the role of the lawyer in corporate matters. 

LAW 121 v02 Corporations

J.D. Course (cross-listed) | 4 credit hours

This course is designed for students who someday wish to practice transactional law, represent entrepreneurs, or pursue an entrepreneurial passion of their own. The traditional topics of corporations - structuring financial risks and rewards, fiduciary duties, regulatory compliance, and changes in control - are placed within a semester–long hypothetical in which entrepreneurs confront real life legal and business issues.

Rather than learning corporate legal doctrine in a vacuum, this course teaches students to identify and resolve, through the lens of entrepreneurs and the attorneys that represent them, the common issues confronted by companies over the course of a typical business life cycle - from launch to exit.

Students will participate in a “Shark Tank” like session of real entrepreneurs pitching to angel investors and observe a simulated negotiation by professionals of a term sheet for a company's acquisition. This problem–centric approach, combined with exposure to the form and language of transactional documents used to resolve legal issues confronted by entrepreneurs, prepares students to hit the ground running after law school in various business law practices that grapple with the issues confronted by startup, early-stage and mature companies.

LAW 121 v05 Corporations

J.D. Course (cross-listed) | 3 credit hours

This is a basic course in business corporations. This course explores the governance structure of the corporation and the fiduciary obligations of directors and officers, with a particular focus on the nature of the public corporation. Topics studied may include: the role of shareholders in contrast with the role of directors and officers, the issues surrounding transactions in corporation control, and the procedural problems in stockholder derivative suits. Policy questions such as federal-state jurisdiction, the nature of the corporate governance system, the role of the corporation in modern society, and the role of the lawyer in corporate matters may also be included.

Note: This course will not cover alternative entities or federal securities law.

Note: For students enrolled in Professor Sale's Corporations course: Students should keep their schedules open for the full Monday and Wednesday, 9:00 am - 11:00 am block to accommodate one or more rescheduled classes that the professor anticipates needing to schedule.

LAW 121 v06 Corporations

J.D. Course (cross-listed) | 4 credit hours

Students should note that Corporations is a basic course that is a prerequisite for Advanced Corporate Law, Comparative Corporate Law, Corporate Finance, Securities Regulation, Business Planning Seminar, and other advanced business law courses.

This course covers the practical aspects of organizing and operating various types of business entity, as well as the policy considerations relating to their governance and to the roles of large businesses in society. It covers choice of entity, including the attributes of partnerships, limited liability companies, and corporations; the process of forming different types of entity; and the nature and limitations of limited liability associated with corporations and limited liability companies. It considers planning and structuring different types of entity, including capital structure and governance mechanisms. The course pays particular attention to the practical and policy considerations of governance in the large, public company as well as the fiduciary obligations of officers and directors. In order to provide a basis for understanding cases related to liability for breach of fiduciary duty, students will be exposed to the procedural aspects of derivative suit litigation. In connection with the major policy issues in corporation law, students will discuss the role of the lawyer in advising business clients. Other topics studied may include insider trading and transactions in corporation control. 

LAW 118 v00 Counseling the Corporation in Crisis

J.D. Course | 2 credit hours

This course will explore the multifaceted problems facing corporate lawyers, both inside counsel and law firms, in advising a public company and especially the board of directors in times of extreme stress. It will be taught through a series of classes which first review the basic legal principles (corporate law, fiduciary duty and professional ethics) and then require the students to apply them in a series of "moot board of directors' meetings." Students will be given a corporate crisis and asked to make a written and oral presentation to a board of directors. The board will be composed of the professor, other practicing lawyers or businesspeople and other students. Grading will be based 80% on the final oral presentation and final 15-page memorandum to the Board of Directors and 20% on class participation throughout the semester. Guest speakers will include general counsels of several large public companies.

Recommended: Corporations and Federal White Collar Crime are strongly recommended.

LAW 1357 v00 Criminal Appellate Practice Seminar

J.D. Seminar | 3 credit hours

This skills-based seminar will focus on the art of crafting an effective appellate brief and presenting a persuasive oral argument — all in the context of a criminal case. Students will examine the practical, substantive and procedural aspects of appellate advocacy, learning how to identify promising appellate issues, to scour a case’s factual and procedural record, to prepare a persuasive appellate brief, and to deliver an effective oral argument. Through class discussions about real-world criminal cases, attendance at an oral argument in a local appellate court, and one-on-one instruction from the professor, the course strives to convey a realistic sense of the life of a criminal-law practitioner and appellate lawyer. Although the seminar may be of special interest to those considering a career in criminal law, it should be of interest to any law student, since success in any legal career requires excellent writing and oral-advocacy skills. Students will write (and rewrite) an appellate brief, using the record and materials of a real criminal case, and will present a moot oral argument (or two) in the same case. The professor will review an interim draft of your brief, providing comments and suggestions to aid in its revision, and will offer an individualized critique of your oral argument(s). Both the draft and final versions of the student brief must be at least 6,000 words in length, excluding footnotes (or roughly 25 pages). Grading will be based on the brief (60%), the oral argument (30%), and class participation (10%). Attendance and participation in class each week are mandatory. The brief is intended to fulfill the upper-level writing requirement.

There will be no class meeting on Wednesday, October 12, 2016, because of Yom Kippur. Instead, the class will review materials for, and then attend, an oral argument in a criminal case being presented in local or federal appellate court. This “field trip” will necessarily be scheduled outside of our usual class-meeting time – most likely, on a weekday morning – but the date for the excursion will be chosen in consultation with class participants.

Prerequisite: Legal Practice: Writing and Analysis; prior or concurrent enrollment in Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Recommended: Prior or concurrent enrollment in Evidence.

Note: ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

LAW 512 v01 Criminal Defense and Prisoner Advocacy Clinic

J.D. Clinic | 14 credit hours

Please see the Criminal Defense & Prisoner Advocacy Clinic website for more detailed information about the program.

For registration-specific supplemental materials, please see the Criminal Defense and Prisoner Advocacy Clinic PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course. Students may not concurrently enroll in this clinic and the Negotiations Seminar (LAWJ-317-05) with Professor Kleinman.

LAW 003 v00 Criminal Justice

J.D. Course | 4 credit hours

Introduces the administration of the criminal justice system and serves as a foundation for the advanced courses offered in upperclass years. The course explores the development and operation of the constitutional provisions regulating the federal and state governments in the enforcement of their penal laws and analyzes in depth each step in the criminal process, including some or all of the following issues: search and seizure, arrest, interrogation, the right to counsel, plea bargaining, right to jury trial, and sentencing.

Mutually Excluded Courses: Students may not receive credit for both this course and Criminal Procedure or Democracy and Coercion. Students may take both this course and Criminal Law.

Note: This course will be enrolled via waitlist.

LAW 003 v01 Criminal Justice

J.D. Course | 4 credit hours

Introduces the administration of the criminal justice system and serves as a foundation for the advanced courses offered in upperclass years. The course explores the development and operation of the constitutional provisions regulating the federal and state governments in the enforcement of their penal laws and analyzes in depth each step in the criminal process up to the decision to charge, including some or all of the following issues: search and seizure, arrest, interrogation, identification procedures, and the right to counsel. Professor O'Sullivan does not cover identification procedures.

LAW 512 v00 Criminal Justice Clinic

J.D. Clinic | 14 credit hours

Please see the Criminal Justice Clinic website for more detailed information about the program.

For registration-specific supplemental materials, please see the Criminal Justice Clinic PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course. Students may not concurrently enroll in this clinic and the Negotiations Seminar (LAWJ-317-05) with Professor Kleinman.

LAW 1485 v00 Criminal Justice Technology, Policy, and Law (Project-Based Practicum)

J.D. Practicum | 4 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professors. This practicum will explore the impact of technology on the criminal justice system, and will teach students how to design, build and understand technologies that affect criminal justice processes and policy. Students will participate in a two hour/week seminar and carry out 10 hours/week of project work under the direction of the course professors.

SEMINAR: Seminars will review the design, deployment, and impact of technologies throughout the criminal justice system, from law enforcement surveillance and monitoring tools to algorithmic risk assessments used in bail decisions and sentencing. Students will be asked to view these tools through two critical lenses: how well these tools further their stated policy aims, and how technology changes power relationships between government and citizens. Throughout the semester, students will also hear from guest speakers that are using technology to tackle police misconduct, expungement, and other criminal justice policy issues. To complement this policy discussion, students will learn techniques to design, deploy, and analyze criminal justice-focused technology. These exercises will teach analytical approaches to developing and understanding technology systems, including: activity-centered design, system mapping, specification building, tool selection, and prototyping. (No computer science or coding knowledge is necessary to take this course.) The semester will conclude with a pitch day, where students will present a policy or procedural problem they have identified in the criminal justice system that could be addressed through technological tools, and present their proposed design for a solution.

PROJECT WORK: Students will work with clients and the practicum instructors to identify problems in the criminal justice system that could be improved through the use of technological tools, then design such tools working in small teams. Potential practicum projects could include digitizing Miranda warnings, using text messages to lower failure to appear rates in juvenile court, or determining how to use the Digital Millennium Copyright Act (DMCA) to help people whose criminal records have been expunged but whose record information is still available online.

Prerequisite: Students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Mutually Excluded Courses: This course is mutually exclusive with the practicum Technology, Innovation and Access to the Civil Justice System. Students may not concurrently enroll in this course and a clinic or another practicum course. Students may concurrently enroll in this course and an externship.

Note: This practicum course is open to LL.M. students, space permitting. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.

This course is suitable for evening students; project work does not need to be completed during business hours.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits will be awarded for approximately 10 hours of supervised project work per week, for a minimum of 11 weeks. Both the seminar portion and the project work will be graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 126 v00 Criminal Law

J.D. Course | 3 credit hours

This course examines society's control of unwanted behavior through criminal law. The particular focus is on the general elements of a criminal offense cutting across all criminal codes rather than on the elements of individual crimes. Some attention is given to the basic theories of punishment and criminal culpability as contrasted with civil forms--e.g., tort law or civil commitment--for controlling deviant behavior.

Mutually Excluded Courses: Students may not receive credit for both this course and the perspective elective, Criminal Law and Theories of Punishment.

LAW 1249 v00 Criminal Law and Procedure Seminar: Supreme Court 2016 Term

J.D. Seminar | 3 credit hours

There are about a dozen criminal law and criminal procedure cases that the Supreme Court will be hearing and, presumably, deciding, this term. In this upperclass legal writing requirement seminar we will study all — or at least most — of these cases in depth. The readings will focus on briefs and any opinions that the Court may issue during the semester. The class will take an in-depth look at the substantive or procedural criminal law doctrines that these cases involve, whether or not those doctrines are ones that the Supreme Court itself is likely to address.


The writing component of the course will consist of writing, and after feedback, rewriting, “bench memos” on 3 (or 4) of these cases. (Alternatively, it may be feasible to write, and after feedback rewrite, the draft of an opinion in 1 (or 2) of these cases.)

Note: There are no prerequisites for this seminar. FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 1610 v00 Criminal Practice Seminar: White-Collar Crimes in a Transnational Context

J.D. Seminar (cross-listed) | 2 credit hours

This seminar explores white-collar criminal practice in the transnational context.  “Transnational” cases generally involve the potential application of one or more country’s laws to alleged criminal activity that crosses borders. We begin by introducing students to the general differences in the legal structures, concepts of criminal law, and varied standards for corporate and individual liability, that apply in civil and common law systems. We will study the substantive U.S. law that is implicated in many transnational prosecutions and learn when U.S. law applies extraterritorially. The substantive provisions we study may include proscriptions on corruption, fraud, money laundering, tax evasion, data breaches/hacking, or violations of economic sanctions. We will explore the tools available for obtaining evidence abroad, as well as some of the national laws and regulations that impact transnational investigations. Some of the challenges we will explore are regulations regarding data privacy, employment laws, national security/state secret laws, and blocking or economic protection statutes. At the conclusion of the class, we will consider a number of case studies that illustrate issues companies face in attempting to forge a global resolution among regulators and prosecutors from different countries. These include managing competition between sovereigns, joint and parallel national investigations, and the division of penalties.

Learning Outcomes

This course, as its title suggests, is designed to expose students to important issues they will face in the transnational practice of law. One of our goals, then, is very practical: to give students information they will need to be successful practitioners in this area.

Another goal is to challenge students to take a step back and think about larger questions:  When criminal conduct crosses borders, which sovereign should prosecute?  Should U.S. criminal law extend as far as it does? Is it fair or efficient to permit multiple countries to address such conduct criminally?  Should expedited evidence-gathering tools be available to both the defense and prosecution?  What liability rules would best serve the purposes of punishment?

Like all writing seminars, the class also seeks to enhance students’ ability to conduct legal research, capacity to engage in critical thinking, and prowess in communicating effectively, in writing and in class.

LAW 128 v01 Criminal Procedure

J.D. Course | 2 credit hours

An examination of the basic Fourth, Fifth, and Sixth Amendment principles that govern the interaction of the police and suspects in the investigation of crime. From stop and frisks to coerced confessions, the course will examine the constitutional doctrines developed to regulate police behavior and the admissibility of evidence. The core concepts will include the definition of a "search," the meaning of probable cause and reasonable suspicion, the requirement of a search warrant and the many exceptions to the warrant requirement, Miranda and related limits on interrogation, and the pre-trial right to counsel. The course will also focus on the role of the courts in enforcing the constitutional guarantees, particularly through the exclusionary rule.

Learning Objectives:

  1. Thorough Understanding of the Primary “Substantive” Fourth Amendment Issues in Criminal Cases and Certain Civil Cases
  2. Thorough Understanding of Primary “Remedial” Fourth Amendment Issues in Criminal Cases
  3. Thorough Understanding of the Primary “Substantive” Fifth Amendment Issues Related to Interrogations and Confessions
  4. Thorough Understanding of the Primary “Remedial” Fifth Amendment Issues Related to Interrogations and Confessions
  5. Thorough Understanding of the Sixth Amendment Issues Related to Uncounseled Confessions and Pretrial Line-ups
  6. Thorough Understanding of Sixth Amendment Issues Related to the Effective Assistance of Counsel

Mutually Excluded Courses: Students may not receive credit for both this course and Criminal Justice or Democracy and Coercion.

Note: This course is offered only to transfer students from other law schools who have not had a first year course in constitutional criminal procedure.

LAW 599 v00 Critical Legal Theory Seminar

J.D. Seminar | 3 credit hours

This seminar focuses on radical challenges to traditional legal thought in the areas of race, gender and sexuality, including work from legal realism, critical legal studies, radical feminist jurisprudence, critical race theory and queer theory. No prior background in jurisprudence or philosophy is necessary.

LAW 069 v03 Critical Race Theory

J.D. Seminar (cross-listed) | 2 credit hours

This 2 credit seminar focuses on critical race theory, a jurisprudential movement that examines the relationship among race, racism, and the U.S. legal system. The coverage is broad, including contemporary legal scholarship on race and the law, and the legal and political interventions that could perhaps guide successful racial reform. This course will provide students with an overview of critical race theory and more intensive exposure to certain subtopics, such as race-based critiques of liberalism, storytelling and the construction of identity, critical race feminism, critical white studies, and global approaches to critical race theory. With a focus on interpretive or critical dimensions of the law, as opposed to a primarily case based approach, this seminar will help students gain an understanding of how race reform theory works and fails, and how culture and historical forces have shaped that body of law. Students of all backgrounds and political persuasions are welcome.

LAW 982 v00 Cross-Border Commercial Regulation: Aviation and Maritime Law

LL.M Seminar (cross-listed) | 2 credit hours

This seminar examines U.S. and international law applicable to aviation and maritime services worldwide. It includes the transportation of both passengers and cargo by air as well as sea. It reviews the evolution and progress made in international law liability conventions (Warsaw, Montreal 1999, Athens 2002) that are applicable to passengers and cargo involved in air as well as sea transport and mishaps/disasters. It examines the emerging applicability of both environmental and security laws and treaties in this area. In the context of public international law, the seminar focuses on the 1944 Chicago Convention and the evolution of restrictive bilateral air transport agreements into the current system of bilateral and multilateral open skies agreements that govern the movement of most passenger as well as cargo airlines of all nationalities throughout the world. The sometimes inconsistent application of U.S. and E.U. competition laws and policies is studied, particularly as they currently govern the developing practices of code sharing among international airlines and comparable global alliances among shipping lines. Also examined are the legal as well as economic (and practical) consequences of these alliances. Finally, the seminar examines the area of aircraft hijacking and the steps the international community has taken to meet these threats.

Recommended: Conflict of Laws: Choice of Law; International Law I: Introduction to International Law (for foreign-educated students, knowledge of these topics from home country study or practice is sufficient.)

LAW 807 v00 Cross-Border Transactions in Latin America

LL.M Seminar (cross-listed) | 2 credit hours

The course is designed to give students an overview and practical insight on the legal aspects of doing business with or investing in Latin America. The course will focus on Mexico, but will also address legal issues associated with doing business in Central and South American countries. Topics will be discussed from the perspective of U.S. investors doing business in the region, and will cover the legal implications of cross-border distribution, licensing and joint venture arrangements, acquisitions and direct investments, labor planning and creditor rights.

Recommended: Contracts, Corporations, and International Business Transactions.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 1615 v00 Cryptocurrencies, Initial Coin Offerings and the Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar will examine cryptocurrencies like Bitcoin, Ether and Ripple's XRP, and their possible roles as commodities, payment instruments and investments.  It will also explore “Initial Coin Offerings” ("ICOs")—fundraises by startups identifying technology-based problems and proposing the sale or financing of technology-based solutions.  

Cryptocurrencies and ICOs have recently attracted more attention—and investment dollars—than early stage venture capital.  However, governmental authorities around the world worry that they are under-regulated (or unregulated), pointing to a recent spate of fraud, market volatility, and potential money laundering associated with virtual transactions.  This seminar will explore the regulatory framework for digital currencies and payments, and examine the evolving reforms and regulatory efforts arising in the sector.  The course will cover topics including the differences between key cryptocurrencies; the varying regulation of cryptocurrencies and ICO tokens as “commodities” vs. “securities;” the mechanics of an ICO; and money laundering and bank secrecy laws.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 348 v03 Current Issues in National Security and Civil Liberties Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will address current topics in national security and civil liberties. The Supreme Court has said that a state of war does not give the President a blank check when it comes to individual liberties. By contrast, Franklin Delano Roosevelt’s Attorney General, Francis Biddle, said that “The Constitution has not greatly bothered any wartime President.” This course will examine the trade-offs presented in war and other states of emergency. We will examine such issues as preventive detention, surveillance standards, enemy combatants, military tribunals, the role of international tribunals, the targeting of foreign nationals, and regulation of speech and association.

Prerequisite: Prior or concurrent enrollment in Constitutional Law II: Individual Rights & Liberties.

Note: Special Note for LL.M. Students: During preregistration, enrollment in the LAWG section of this course is limited to LL.M. students in the National Security Law degree program. All other LL.M. students will have the opportunity to enroll or add themselves to the waitlist for this course during add/drop.

LAW 2038 v00 Current Issues in Tax Policy

LL.M Seminar (cross-listed) | 2 credit hours

This colloquium will offer students an opportunity to examine current tax policy issues in depth and at an advanced level, with discussions led by policymakers, economists and other tax experts. While other current policy issues will be discussed, the primary focus of the course will be an exploration of international tax reform, surrounding the current policy debate over whether the United States should adopt a territorial tax system or retain a worldwide tax system. The course will discuss various international reform proposals at a detailed level and examine the economic, tax policy and political considerations underlying the decisions that have been made in each proposal. The course will begin with a brief overview of our current international tax system and a comparison to other countries’ systems. It will explore the economic and policy literature surrounding the issues of economic welfare and competitiveness. The course will also examine other current tax policy issues, such as tax expenditures, cost recovery, and energy tax incentives. Reading materials generally will be supplied and will include economic and tax policy papers, legislative proposals, and technical explanations. The course is intended to be highly interactive with students discussing design and policy issues with several of the leading experts in the field. The grade for this course will be based primarily on papers that students submit, addressing policy topics discussed by the guest speakers. Useful class participation will be taken into account as a plus in determining the final grade. There will be no final exam.

Prerequisite: Federal Income Taxation (formerly Taxation I).

LAW 014 v01 Current Issues in Transnational (Private International) Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar provides an introduction to the increasingly important field of private international law as well as an opportunity to explore in depth specific issues now under active consideration in the various international and regional organizations working on the development, codification and harmonization of private international law. Beyond the “classic” questions of jurisdiction, choice of law, judicial assistance and enforcement of judgments, we will explore such substantive topics as international sale of goods, cross-border consumer protection, secured transactions, international securities law, international intellectual property, transport of goods by sea, transnational leasing law, dispute settlement mechanisms, international family law (including international adoption, abduction and enforcement of child support and family maintenance), international privacy and data protection, and even wills and trusts in their cross-border contexts. All students will be expected to choose a topic and to research and to present key findings and recommendations to the class.

This course requires a paper and an oral presentation. It is open to J.D. and LL.M. students. For J.D. students who choose the 3 credit “writing seminar” option, the objective will be to research and write analytical papers of publishable quality on discrete topics of current importance in transnational practice. Students will be required to satisfy the WR requirement including (1) selection of a paper topic approved by the professor, (2) submission of an outline, followed by feedback from the professor, (3) submission of a draft paper of at least 6,000 words exclusive of footnotes, followed by feedback from the professor, and (4) submission of a final paper of at least 6,000 words exclusive of footnotes, incorporating the professor’s suggested revisions. The paper must use legal forms of citation, where appropriate.

Learning goals for this course:

Familiarity with substance of "Private International Law"; ability to research effectively in the field; to write coherently and present conclusions orally; to understand relationship between international and domestic law.

Recommended: International Law I.

Note: This course requires a paper. Students must register for the 3 credit section of the course if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 1633 v00 Current Regulatory Developments in Business and International Taxation Seminar

J.D. Seminar (cross-listed) | 2 credit hours

In 2017 the United States enacted a historic tax reform package that represents the most significant change to the U.S. business and international tax regimes since 1986.  In addition to dramatically lowering the statutory corporate tax rate, the tax reform package included a series of novel provisions, including fundamental changes to the international tax system, multiple anti-base erosion measures, interest deduction limitations, and a deduction for certain qualified business income of pass-through entities.  Each of these provisions requires regulatory guidance from the Treasury Department, and Treasury has publicly committed to complete a number of guidance projects by the end of 2018.

This course will involve close reading of selected tax regulatory packages associated with the 2017 tax reform.  We will study these packages and speak with government representatives involved in crafting the packages and/or practitioners working on applying them.  Students will write reaction papers with respect to the regulatory packages we examine.  

LAW 1127 v00 Cyber and National Security: Current Issues Seminar

J.D. Seminar (cross-listed) | 2 credit hours

The goal of this seminar is to introduce students to the complex legal and policy questions that national security decision-makers face in their efforts to protect vulnerable public and private computer and communications networks from intrusion and attack. The course also addresses law and policy related to use of those networks to carry out military and intelligence operations. The course will focus primarily on United States law and policy, but many of the issues apply more broadly to others governments and international actors.

Although the subject matter of this course involves technology, no background in technology is necessary for this class. Grades will be based on 3 papers, approximately 8-9 pages each. In the papers, students will be asked to provide advice or argue a position to a senior policymaker or other client.

Recommended: International Law and/or national security related course.

LAW 1409 v00 Cyber Threats and Technological Insecurity: Emerging Legal, Policy, and Operational Challenges

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will focus on significant legal, operational and policy issues arising from evolving global cyber threats and related technological issues, such as the Darkweb, encryption, and cybersecurity. The course will be taught by two instructors who work as federal prosecutors and policy advisors and collectively have hands-on experience investigating cybercrime, providing guidance to law enforcement investigators on technology issues, participating in the interagency policy process, developing and evaluating legislative proposals, and training foreign law enforcement partners. While the course will focus on challenges to federal law enforcement, it will also include in-depth perspectives from other significant stakeholders. Throughout the seminar, students will gain expertise in the legal framework and technical background that is necessary for effective advocacy – whether from a policy or litigation perspective – on the most challenging and controversial issues at the intersection of cyber threats, technology and security.

The course will consist of four components:

  1. Technology and Threat Landscape. The current cybercrime threat landscape, with a necessary focus on technological architecture and recent permutations.
  2. Legal Framework. The relevant constitutional and statutory legal framework attendant to combatting cybercrime and technological threats.
  3. Operational Case Studies. How cybercrime investigations are currently conducted, with a focus on tactics and practical considerations.
  4. Policy Challenges. Novel and emerging policy challenges relating to evolving technological trends.

Grading will be determined primarily based on a final paper. Significant weight will also be given to an in-class presentation and class participation.

Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Note: Laptops may not be used during class sessions.

LAW 067 v08 Cyber Threats, Information Security and Technology in the Practice of Law

J.D. Seminar | 2 credit hours

For all practical purposes, nearly every substantially-sized legal matter presents critical challenges that require attorneys to embrace and understand how to handle significant volumes of data and documents and to advise clients on the security risks threatening that information. Today’s lawyers need to be prepared to handle the increasing levels of vital threats and risks posed against their clients and their data.

This hands-on seminar will take students through an exciting, practical exploration of the ways in which the use of powerful technology-based tools is fundamentally transforming the practice of law as we know it. Data and information security as concerns are creating a ‘new normal’ in terms of how lawyers can be best prepared to help their clients, through an important understanding of technology-based solutions, to augment traditional legal representation.

In this course, we will examine some fascinating dynamics of the legal practice, as shaped by ‘information as risk’ as a new fundamental principle, with a focus on the importance of handling those concerns and evaluating how they could impact client risks and affect case outcomes.

This seminar will visit an expansive range of subtopics including data forensics, data analytics, cyber security, data privacy, Internet of Things, deep/dark web, social media, cloud computing, structured and unstructured data, and the emerging roles of lawyers as data and information-risk experts.

From an exploration of essential electronic discovery principles through non-traditional evidentiary concepts, for in-house, government, and outside lawyers alike, this seminar will prepare students to enter the job market with an enhanced understanding of what organizations require of lawyers, especially from technology and information-risk advisory perspectives.

Through a series of lectures and demonstrations that will feature industry-recognized experts, this seminar will provide valuable insights that will illuminate the fascinating interplay of technology and law, with particular focus on how case outcomes can be shaped by leveraging an understanding of data, security, and technology.

Recommended: Evidence; Civil Procedure (or Legal Process and Society).

Mutually Excluded Courses: Students may not receive credit for both this seminar and Information Technology and Modern Litigation; or Electronic Discovery; or Topics in Electronic Discovery.

LAW 1626 v00 Cyberlaw

J.D. Course | 3 credit hours

From commerce to speech, internet companies intermediate our daily activities. At the same time, internet companies are remaking our existence. Facebook has been blamed for facilitating Russian election interference, yet credited for sparking the Jasmine Revolutions that felled dictatorships across North Africa. What laws govern the borderless domains of cyberspace? Is the internet a free speech zone protected by the U.S. Constitution’s First Amendment, or does it bend to hate speech or political speech regulations from abroad? Can copyright law survive the worldwide copying machine of the internet? Is privacy dead when corporations know where you are and what you are doing nearly 24/7? Are there any limits on electronic surveillance by the government? This course examines the evolving law regulating internet enterprises.

 

LAW 3066 v00 Cybersecurity Law & Policy

LL.M Seminar (cross-listed) | 2 credit hours

This seminar will serve as an advanced LL.M. seminar covering topics in cybersecurity law and policy, with a focus on national security, military and international aspects. The seminar will include lecture, discussion and a significant research and writing component. This seminar is intended to serve as a complement to Cybersecurity Law, and students are welcome to take both courses. Grading will be based on a combination of short and medium papers and active class participation.

Recommended: Prior coursework in national security law highly recommended.

LAW 1319 v01 D.C. Advantage: Law and Technology

J.D. Practicum | 9 credit hours

Any student who accepts his or her seat will then be enrolled in the D.C. Advantage program (9 credits). Six of those credits will be for the fieldwork and will be graded on a pass/fail basis. Three of those credits will be for the seminar; students will receive a letter grade for seminar work.

Law and Technology Cluster Courses

Students in this program must take one of the “cluster classes” listed below. Alternatively, if a student feels that a course not listed here is directly relevant to the fieldwork he or she will be doing, the student may email Assistant Dean Rachel Taylor (rst@law.georgetown.edu) to discuss whether that course could count as the required “cluster class.”

  • Administrative Law
  • Advanced Patent Law Seminar
  • Assisted Reproductive Technology Law
  • Biotechnology and Patent Law Seminar
  • Communications and Technology Policy
  • Communications Law: Internet
  • Copyright Law
  • Cyber and National Security: Current Issues Seminar
  • Information Privacy Law
  • Informational Technology Transactions
  • Law of Cyberspace
  • Law of Robots
  • Patent Law
  • Policy Practice in the Internet Economy
  • Strategically Managing Intellectual Property
  • Technology in Legal Practice
  • Technology of Privacy Seminar
Other Considerations

Georgetown Law offers many types of courses, including clinics, practicum courses, externships, mandatory pass/fail courses, supervised research courses, and more; students are also permitted to take some courses on another campus, pursue a joint or concurrent degree, or elect to take courses pass/fail etc. As the following rules make clear, students will need to take responsibility for carefully tracking their courses in order to ensure that they remain eligible for certain academic honors, and that they remain in compliance with ABA and state bar rules. For more information, please contact J.D. Academic Services at 202-662-9041.

Law Center Policies

To be eligible for consideration for Order of the Coif, a graduate must have completed at least 64 graded academic credits at the Law Center (effective beginning in the 2013-2014 academic year, graded credits earned at a transfer student’s previous law school are counted toward this minimum credit requirement). See the Student Handbook for more details.

ABA Rules

The American Bar Association requires that all students take a minimum of 64 credits in “regularly scheduled classes.” In addition to our traditional classroom courses, “regularly scheduled classes” include:

  • work in a foreign study program
  • work on seminar papers and
  • work in our clinics

The ABA excludes from “regular” credits the following:

  • externships
  • field placements (not graded by the professor); this includes the fieldwork components of practicum courses and the D.C. Advantage Program
  • supervised research and
  • courses taken on Main Campus or at other institutions of higher learning

Therefore, a student who takes more than 21 credits in these excluded categories may have to take additional regular classroom credits in order to graduate.

State Bar Rules

New York – The NY Bar has set a maximum of 30 credit hours that may be counted towards the total credit hours required for graduation in:

  • clinical education
  • field placement courses (including their classroom components) or
  • externships

Other states – We have not surveyed other state bar requirements. You should review the rules for your intended state bar and confirm there are no similar limitations.

LAW 459 v01 Deals: The Economics of Structuring Transactions

J.D. Course (cross-listed) | 4 credit hours

This course examines how attorneys and other professionals create value through transaction engineering. The course is organized in two parts. The first part of the course studies various barriers to transacting, including collective action problems, information problems, risk and uncertainty, and contracting over time, and a range of responses grounded in game theory, contract theory, and decision theory. The second part of the course studies a series of real transactions. Students will be divided into work groups, each of which will be responsible for leading the class discussion on one of the transactions and for writing a group paper analyzing its transaction. Grades will be based on class participation, an individual problem set, the group paper, and a take-home final examination.

Prerequisite: Corporations.

Recommended: Prior or concurrent enrollment in Securities Regulation.

LAW 134 v00 Decedents' Estates

J.D. Course | 4 credit hours

This course deals with intestate succession; wills, their execution, revocation, and contest; will substitutes; the nature, creation, and termination of trusts; and the interpretation and legal consequences of dispositive provisions, including problems involving future interests, class gifts, powers of appointment, and the rule against perpetuities. Modern planning for incapacity and the fiduciary responsibilities of trustees are discussed.

Recommended: Prior or concurrent enrollment in Property.

Mutually Excluded Courses: Students may not receive credit for both this course and Wills & Trusts.

LAW 134 v01 Decedents' Estates

J.D. Course | 4 credit hours

This course deals with intestate succession; wills, their execution, revocation, and contest; will substitutes; the nature, creation, and termination of trusts; and the interpretation and legal consequences of dispositive provisions, including problems involving future interests, class gifts, powers of appointment, and the rule against perpetuities. Modern planning for incapacity and the fiduciary responsibilities of trustees are discussed.

Recommended: Prior or concurrent enrollment in Property.

Mutually Excluded Courses: Students may not receive credit for both this course and Wills & Trusts.

LAW 134 v02 Decedents' Estates

J.D. Course | 4 credit hours

This course deals with intestate succession; wills, their execution, revocation, and contest; will substitutes; the nature, creation, and termination of trusts; and the interpretation and legal consequences of dispositive provisions. Modern planning for incapacity and the fiduciary responsibilities of trustees are discussed.

LAW 1113 v01 Defending and Prosecuting Corporations and Their Officers and Employees in Complex Criminal Cases

J.D. Course | 2 credit hours

This course covers issues confronting corporations, officers, and employees when they find themselves under criminal investigation. In doing so, the class will focus on the role of an internal investigation, some of the thornier legal and ethical issues that arise in conducting such an investigation, and the practical problems that must be confronted in any investigation. The class will also examine the benefits and limitations of an internal investigation from every perspective, including that of the board of directors, the audit committee, management, employees, the lawyers conducting the investigation, the prosecutors who have to evaluate what to do with the investigation, and the public. This course will seek to address theoretical questions concerning the evolution of internal investigations and the extent to which their use in criminal prosecutions comports with fundamental notions of fairness and advances the public’s interest in the enforcement of criminal law. It will also provide practical advice on handling the defense of corporate entities and their offices and employees.

Prerequisite: Criminal Justice (or the equivalent Democracy and Coercion) or Criminal Procedure.

Recommended: Concurrent or prior enrollment in Corporations.

LAW 1251 v00 Delaney Public Policy Scholars Program

J.D. Seminar | 5 credit hours

The Delaney Public Policy Scholars Program is designed for students who will be working in a public policy-related internship/job in the summer of 2016 and who wish to simultaneously develop their expertise and skills in this area through a related course. This course is open to students who have completed their first year.

SEMINAR: The Delaney Public Policy course will be taught by Professor Laurie Rubiner, Chief-of-Staff to Senator Richard Blumenthal. Through the course, Delaney Public Policy Scholars will develop skills in how to be an effective public policy lawyer. Specifically, the course will focus on the intersection between emerging legal issues and how those issues are best pursued in the context of public policy coalition building, legislative and media strategy, and grassroots advocacy. The course will meet on Thursdays from 5:45-9:05 p.m. throughout the eight-week summer session.

FIELDWORK: Delaney Public Policy Scholars must find their own public policy-related internships and commit to working 30 hours/week. For the purpose of this program, the definition of public policy is broad; we ask that applicants explain how their work relates to public policy in the application (see below).Students must be supervised by a lawyer.

APPLICATION PROCESS: To apply to be a Delaney Public Policy Scholar, please send the following documents to Rachel Taylor, Assistant Dean of Experiential Education (rst@law.georgetown.edu) by 9:00 a.m. on Friday April 1, 2016:

  1. A resume
  2. Responses to the following questions:
  • Where is your placement?
  • Who will be supervising you? Is this person an attorney? What is their position within the office?
  • What will your responsibilities be? Will your work be legal in nature?
  • How many hours/week will you be working?
  • How will your work relate to public policy?
  • Why are you interested in taking this course?

Any student who has not secured a placement by the April 1 deadline may still apply and should discuss the status of their potential fieldwork options in their application materials. Seats will be awarded first to those students who have placements lined up; if space permits, however, others may be admitted as placements are subsequently confirmed.

All Delaney Public Policy Scholars must attend the seminar sessions in-person. It is not possible to participate in this program remotely

All Delaney Public Policy Scholars will receive two credits for the seminar. Those Scholars who work for a non-profit or government entity and are not being paid may elect to earn three additional pass/fail credits for their fieldwork.

Delaney Public Policy Scholars may not simultaneously receive EJF funding. Full-time students will pay no tuition for this program. Part-time students will pay by the credit hour.

Mutually Excluded Courses: Students may not receive credit for this course and for the program D.C. Advantage: Public Policy (formerly D.C. Advantage: Congress).
 

Students may not concurrently take this course and an externship.

LAW 003 v02 Democracy and Coercion

J.D. Course | 4 credit hours

Examines two conflicting postulates accepted by many Americans: a belief in democracy and a belief in individualism. Democracy implies a system of group decision making with the majority able to enforce its will against the dissenting minority. It is a system that rests on the value of community autonomy and community self-definition. Individualism implies a right of the individual to resist group decisions and to adopt one's own life plan free from interference. It is a system that rests on individual autonomy and individual self-definition.

This course addresses the means by which our legal system reconciles these postulates. The course explores the nature of democratic decision making, as well as the appropriate limits on the coercive authority of the state. Materials drawn from constitutional law, from criminal procedure, from political philosophy, and from a variety of other sources will be used to explore these problems.

Note: This is a required course for first year students only.

LAW 003 v03 Democracy and Coercion

J.D. Course | 4 credit hours

This course explores the role of law and lawyers in social movements. Our primary focus will be on the 19th century abolitionist and 20th century civil rights movements, also giving attention to feminist, class, antiwar, and cyber antiauthoritarian social movements. We also examine key aspects of late 20th century conservative backlash movements: law and order, war on crime, war on drugs. Students become conversant in the critical questions of social movement theory pertaining to movement mission, organization, strategies and tactics, and why movements rise, splinter and/or decline over time. Students explore the dialectical relationship between social movements and the law, analyzing how law both shapes and is shaped by social movements, at times facilitating and at times retarding reform. This exploration of law and social movements provides a tangible and practical context for understanding how the latter impacts and is impacted by the conventional doctrines of separation of powers and federalism, the institution of judiciary review, and the vindication of constitutional rights against democratic majorities.

Note: This is a required course for first year students only.

LAW 1219 v00 Demystifying Finance: A Short Course for Law Students (Fall Course)

J.D. Course | 2 credit hours

This two-credit pass/fail course is designed to provide students with an understanding of the basic principles of finance and accounting in order to enhance their study of business law. The course is intended to provide students with little or no prior background in finance and accounting with an introduction to the core concepts, the essential vocabulary, and the basic tools of these two subject areas. The course will be taught prior to the start of the Fall 2015 semester in a one-week intensive format and will equip students with a basic primer of topics relevant to a range of business law course. Accordingly, it covers subjects such as the time value of money, the distinction between debt and equity, the role of risk in valuing financial assets, and how assets and liabilities are described in accounting materials such as balance sheets and income statements.

An important goal for the class is give law students a better foundation in finance and accounting to deepen and accelerate their learning in corporate and business law subjects. For that reason, the first section of this course will be offered prior to the start of the fall term. This course will be offered for one week, Monday, August 15 through Friday, August, 19, 2016. The class will meet Monday through Thursday, from 9:00 a.m. - 4:00 p.m. and on Friday from 9:00 a.m. - 12:00 p.m. There will be a self-scheduled take-home final exam. The course will be graded on a pass/fail basis and will not count towards the 7 credit pass/fail limit. The course will be quantitative in nature and students should expect to use some basic algebra.

Note: All enrolled and waitlisted students must attend the first class to be enrolled.

Note: This course is offered on a tuition-free basis in the 2016-2017 academic year.

Mutually Excluded Courses: Students may not receive credit for this course and Business Basics for Lawyers or Business and Financial Basics for Lawyers.

Note: This course will be offered for one week, Monday, August 15 through Friday, August, 19, 2016. The class will meet Monday through Thursday, from 9:00 a.m. - 4:00 p.m. and on Friday from 9:00 a.m. - 12:00 p.m. The course will be graded on a pass/fail basis and will not count towards the 7 credit pass/fail limit. The 2 credits counts towards a student’s total credit load for the Fall 2016 semester. Full-time J.D. students enrolled in this course will be allowed to take up to 17 credits overall in the Fall 2016 semester (permission of an Academic Advisor is not required). Part-time J.D. students enrolled in this course will be allowed to take up to 12 credits overall in the Fall 2016 semester. The course will be quantitative in nature and students should expect to use some basic algebra.

FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

Withdrawals are permitted up until the last class for this specific course.

LAW 1219 v01 Demystifying Finance: A Short Course for Law Students (Spring Course)

J.D. Course (cross-listed) | 2 credit hours

This two-credit pass/fail course is designed to provide students with an understanding of the basic principles of finance and accounting in order to enhance their study of business law. The course is intended to provide students with little or no prior background in finance and accounting with an introduction to the core concepts, the essential vocabulary, and the basic tools of these two subject areas. The course will be taught in an intensive one-week format and will equip students with a basic primer of topics relevant to a range of business law courses. Accordingly, it covers subjects such as the time value of money, the distinction between debt and equity, the role of risk in valuing financial assets, and how assets and liabilities are described in accounting materials such as balance sheets and income statements.


An important goal for the class is give law students a better foundation in finance and accounting to deepen and accelerate their learning in corporate and business law subjects. This course will be different from a typical law school course offering. The faculty will employ business school teaching methods such as the use of problem sets both in class and in small group break-out sessions throughout the day. The problem sets are quantitative in nature and students will be expected to use basic algebra to solve them.


Note: This course is offered on a tuition-free basis in the 2016-2017 academic year.

Mutually Excluded Courses: Students may not receive credit for this course and Business Basics for Lawyers or Business and Financial Basics for Lawyers.

Note: The course will meet Monday, January 9 – Thursday, January 12, 2017, 9:00 a.m. - 4:45 p.m. on the main campus at the McDonough School of Business, Rafik B. Hariri Building, Room 440. The course will have a take-home exam that must be completed during the week of Friday, January 20th through Friday, January 27th, 2017. The course will be graded on a pass/fail basis and will not count towards the 7 credit pass/fail limit.

NOTE: WEEK ONE COURSE. FIRST CLASS ATTENDANCE IS MANDATORY. Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 969 v00 Derivatives Market Regulation Under Dodd-Frank

LL.M Course (cross-listed) | 2 credit hours

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) fundamentally transformed the regulation of the derivatives markets, particularly with respect to the previously unregulated swaps market. The transition to this new regulatory framework has presented new legal issues and operational challenges for market participants, including companies using swaps to hedge or mitigate commercial risk, swap dealers and other intermediaries, and entities operating market infrastructures, such as exchanges, clearinghouses, and new “swap execution facilities.” This course will focus on the regulation of derivatives under the Commodity Exchange Act, as amended by Dodd-Frank, and as implemented by the Commodity Futures Trading Commission, including an examination of the legal, regulatory and operational issues facing market participants and their responses in implementing this new regulatory structure. This course is designed as a “Derivatives 101” equivalent, providing a broad overview of the regulation of derivatives from a U.S. legal perspective that will serve as a foundation for more advanced coursework and reading. The course will include an in-depth look at the new regulatory requirements and issues with respect to (i) market transparency and integrity, such as preventing market manipulation, disruptive trading practices, and so-called excessive speculation; (ii) the increasing use of automated trading systems and high-frequency trading in commodity markets; and (iii) the interplay between Congress, the federal market regulators, and the entities subject to financial market regulation. Students will be presented with the same questions of law confronting attorneys advising entities trading in derivatives markets, regulators, and the courts.

LAW 847 v00 Developing & Financing Infrastructure Projects

LL.M Course (cross-listed) | 3 credit hours

This course will use recent transactions involving infrastructure projects (domestic and international) to illustrate the legal techniques and financial issues involved in project development and financing. The course will address case studies involving energy projects, telecom, toll roads, mining, ports, airports, other infrastructure and professional sports facilities. Class discussion will include analysis of how project risk analysis is done and review of key documents used to develop, construct and finance projects. Students will participate in simulated contract negotiation and drafting exercises representing designated parties to a transaction. Coverage will include different sources of financing, including banks, capital markets, ECAs and multinational entities. There will be both a final examination (open-book) and a short drafting exercise that will be graded. Classes 11/12 will be a half-day Special Offsite Negotiation Workshop on a Saturday, for which the class will be divided into groups to negotiate a financing term sheet for a model transaction.

The required course textbook is: 

E.R. Yescombe, Principles of Project Finance (London: Academic Press, an imprint of Elsevier, 2014) (2d Edition). Please note that the second edition is materially different from the first edition, and all page number and other references in this syllabus and in the course will be to the second edition.

Additional case studies, such as Henry A. Davis, ed., Project Finance: Practical Case Studies, Second Edition (two volume set: Volume I – Water and Power, and Volume II – Resources and Infrastructure), and other materials not in the above publication will be provided.

Learning objectives:

The course is based on four major themes and aims to teach students to analyze issues in light of each theme: (i) allocation of risk, (ii) non-recourse or limited recourse arrangements, (iii) effective contract structures, and (iv) financeability. The class will focus on both theory (risk analysis and mitigation) and practice (critiquing and drafting agreements). Both the written assignment and the workshop will focus on practical matters relating to practice issues.

Mutually Excluded Courses: Students may not receive credit for both this course and Domestic and International Project Finance & Development: Case Studies; or the J.D. course, International Project Finance; or International Project Finance and Investment and Project Development and Finance.

LAW 131 v02 Disability Discrimination Law

J.D. Course | 3 credit hours

This course covers the Americans with Disabilities Act, its amendments, regulations, and interpretive guidance as they relate to discrimination against people with disabilities in employment, the programs, services, or activities provided by government entities, and public accommodations. The course will take a pragmatic approach to exploring the rights and responsibilities arising from this law and will focus on such issues as defining disability, the concept of qualified persons with a disability, reasonable accommodations, medical exams and disability-related inquiries, program access, and public accommodations.

LAW 830 v00 Disclosure Under the Federal Securities Laws

LL.M Course | 2 credit hours

This course examines the disclosure requirements under the Securities Act of 1933 and the Securities Exchange Act of 1934 and related regulations. Disclosure requirements will be examined in the context of registered offerings as well as exempt offerings. The duty to disclose, the concept of materiality, the principles of integrated disclosure and the line item disclosure requirements of SEC regulations will be discussed. The regulatory treatment of forward looking disclosures, selective disclosure and disclosure of non-GAAP information also will be addressed. Topics will include special disclosure issues arising in connection with IPOs, periodic reporting and proxy solicitations. Regulatory developments and SEC practice and procedures will be covered, along with practice tips. Although the applicable regulatory framework will be reviewed, prior completion of a securities regulation course is necessary.

Prerequisite: Securities Regulation.

LAW 253 v11 Diverse Placement Externship Seminar

J.D. Seminar | 4 credit hours

The classes will focus on creating and reaching students’ individualized learning goals outside of the law school classroom; developing additional competencies that are specific to the substance of particular practice areas and others that are universal to working in professional law and policy settings; and reflecting on important issues to a public interest practice including, access to justice, bias in the legal profession, and leadership and group dynamics.

The goal of this seminar is for students to develop the tools necessary to contemporaneously participate in and learn from field placement experience. An additional goal is for students to become adept at evaluating and enhancing the value of practical experiences so that they are able to match their learning goals with future practice goals and professional environments.

The seminar is geared toward students in diverse field placements, and is open to all students enrolled in the J.D. Externship Program.

More detailed information, including the summer application, will be posted by March 14, 2016 on the J.D. Externship website.

Identifying a Placement

Students are responsible for finding their own placements, but may contact the Externship Program office to schedule an advising appointment at any time. Externships are permitted in government, judicial, and non-profit entities, and students must be supervised by an attorney. Students may not be compensated for the work at their placement, nor may students work on pro bono matters at a for-profit entity. All fall and spring externships must be in the Washington, D.C. area. Summer externships are permitted outside of Washington.

Credits and the Classroom Requirement

Students receive either 2 or 3 credits for 110 or 165 hours worked, respectively, over 6 weeks in the summer session. In addition to their field work, students participate in a 1-credit seminar that meets six times over the course of the summer. Students receive a total of either 3 or 4 credits for their fieldwork and the seminar. ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

The seminar will be evaluated based upon the following requirements:

  • Class Participation
  • Completion of Administrative Requirements (time sheets, supervision agreements, etc.)
  • Reflection Memos
  • Final Reflection Paper
Pass/Fail

The field work components of externships are mandatory pass/fail offerings and do not count towards the seven-credit limit on pass/fail courses. The one-credit seminar will be graded.

Application Process

The externship application will be available by March 14, 2016.

Prerequisite: Any student who has successfully completed one year of full- or part-time study is eligible to participate in the externship program.

Mutually Excluded Courses: Due to competing time demands, a student may not undertake, in a single semester, more than one experiential learning opportunity, defined to include externships, fieldwork practicum courses, the D.C. Advantage Program, and clinics. Students may not concurrently take an externship and the Business Law Scholars Program or the Delaney Public Policy Scholars Program. Students may, however, concurrently take a project-based practicum course and an externship, unless otherwise stated in the curriculum guide. Students should consult with the Assistant Dean for Experiential Education, Rachel Taylor, for additional information.

LAW 253 v12 Diverse Placement Externship Seminar

J.D. Seminar | 4 credit hours

This seminar is designed for students participating in Georgetown Law's J.D. Externship Program in Summer 2017. The seminar focuses on helping students: define and pursue their individualized learning goals for the field placement experience; develop competencies that are specific to the substance of particular practice areas; develop additional competencies that are universal to working in professional legal and policy settings generally; and reflect on issues relevant to public interest practice including but not limited to, access to justice, bias in the legal profession, and leadership and group dynamics.

The goal of this seminar is for students to develop the tools necessary to contemporaneously participate in and learn from their field placement experiences.An additional goal is for students to become adept at evaluating and enhancing the value of practical experiences so that they are able to match their learning goals with future practice goals and professional environments.

Please refer to the J.D. Externship website for more detailed program information.

Identifying a Placement

Students are responsible for finding their own judicial, governmental, or nonprofit field placements. Advisors from the Office of Public Interest and Community Service (OPICS) and the J.D. Externship Office are available, by appointment, to discuss potential externship opportunities. You can also visit the J.D. Externship Program Overview website for additional advice on finding an externship placement.

Fieldwork Requirements

Externships are only permitted in government, judicial, and non-profit entities, and students should be supervised by an attorney. Students may not be compensated for the work at their placement, nor may students work on pro bono matters at a for-profit entity. Summer externships are permitted outside of the Washington, D.C. area.

Credit Options

Students receive either 2 or 3 fieldwork credits for 110 or 165 hours worked, respectively, over 6 weeks in the summer session.

Classroom Requirement

In addition to their field work, students participate in a one credit, graded seminar that meets weekly during the summer session. ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

To receive academic credit, students must, at a minimum: (i) fulfill their applicable field placement hours requirement by the last day of classes; (ii) attend, participate in, and timely complete all assignments for the seven externship seminar classes; (iii) receive a satisfactory Field Supervisor End-of-Semester Evaluation; and (iv) complete and submit all administrative assignments in a timely manner, including:

  • The Field Supervision Agreement Form
  • The Student Agreement Form
  • Weekly time sheets; and
  • The Student End-of-Semester Placement Evaluation

Additional, detailed course mechanics and requirements will be outlined in the seminar syllabus.

EXPERIENTIAL COURSE REQUIREMENT. This course counts toward the 6 credits of experiential coursework required of J.D. students matriculating as first-year students in Fall 2016 or later.

The J.D. Externship Program uses Canvas to administer this course, so comfort with that platform is essential. All course materials will be posted to your seminar's Canvas page. You will upload all assignments through Canvas, using the "Assignments" drop box for your seminar. If you encounter difficulty navigating Canvas and/or need a refresher on using the site, please contact IST at lawhelp@georgetown.edu.

Grading

The fieldwork components of externships are mandatory pass/fail offerings and do not count towards the seven-credit limit on pass/fail courses. The one-credit seminar is graded.

Application Process

Students must secure their externship placements before applying to the J.D. Externship Program. The externship application will be available by March 14, 2016. Students may not register via MyAccess.

Prerequisite: Prerequisite: Students must have completed one year of study as a full-time or part-time student BEFORE their externship begins to participate in the J.D. Externship Program.

Note: Three sections of this seminar are taught, via Zoom, using a distance learning model, so J.D. students enrolled in those sections must have completed a minimum of 28 credit hours by the beginning of summer session. One section is a traditional, in-class seminar for those students who have completed one year of part-time study but have not yet earned 28 credits.

Mutually Excluded Courses: Due to competing time demands, a student may not undertake, in a single semester, more than one experiential learning opportunity, defined to include externships, fieldwork practicum courses, the D.C. Advantage Program, and clinics. Students may, however, concurrently take a project-based practicum course and an externship, unless otherwise stated in the curriculum guide. Students should consult with the Assistant Dean for Experiential Education, Rachel Taylor, for additional information.

LAW 1501 v00 Doing Business in Europe: Basics of Private International Business Law

J.D. Course (cross-listed) | 1 credit hour

This course will provide an overview of the European legal landscape from the perspective of an external, i.e. non-EU – typically: a US – entrepreneur. Special attention will be given to the field of private international law, comprising notably adjudicatory jurisdiction and conflict of laws. We hope to inspire class participants to develop essential skills and methods, which, if followed-up with independent further research, should eventually enable them to give legal advice on transatlantic business.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 518 v00 Domestic Violence Clinic

J.D. Clinic | 10 credit hours

Please see the Domestic Violence Clinic website for more information about the program.

For registration-specific supplemental materials, please see the Domestic Violence Clinic PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course.

LAW 160 v01 Drafting and Negotiating Commercial Real Estate Documents: Contracts, Loan Documents, and Leases Seminar

J.D. Seminar | 3 credit hours

This course dissects the major commercial real estate documents – loan documents, contracts, and commercial leases – by focusing on the drafting and negotiation of each. The course will examine the interplay between substantive legal issues and practical business and strategy questions in determining the contents of these documents. Some of the issues covered include the economics of the transaction, the rights and the responsibilities of the parties and the consequences of default. A significant portion of the course will focus on the role of negotiations in the process of determining the terms of the document and will include simulated negotiations and role playing.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the LL.M. course, Drafting Contracts; or the LL.M. seminar, Drafting Contracts.

LAW 919 v00 Drafting Partnership & LLC Agreements

LL.M Course (cross-listed) | 1 credit hour

This course applies practical approaches to assist students in understanding the tax and business arrangements of joint ventures, limited partnerships, and limited liability companies, ranging from the common to the complex. The course also presents and analyzes the drafting techniques necessary to actually implement such arrangements by concentrating on the tax and business provisions in term sheets and limited partnership/limited liability company agreements.

Prerequisite: Federal Income Taxation (formerly Taxation I), prior or concurrent enrollment in Taxation of Partnerships (recommended prior enrollment in Taxation of Partnerships).

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 1102 v00 Drug Law and Policy Seminar: A Critical Perspective on the War on Drugs in the Americas

J.D. Seminar (cross-listed) | 3 credit hours

This seminar will explore the policy of prohibition on drug production, distribution and consumption that embodies the long-standing hemispheric “war on drugs”. It will examine the legal regime that underpins current policies on drug trafficking (international, transnational and domestic regulations) related to criminalization but also to arms’ sale and money laundering. We will reflect on the economic and social consequences that drug-trafficking prohibition has had in countries and communities situated on different sides of the global drug trade. Our focus will be primarily on the United States, Mexico and Colombia. The seminar will explore the dominant “law and order” criminalization paradigm and contrast it with other potential approaches that focus on public health and economic development. We will conclude by considering a range of potential policy alternatives to the current model.

LAW 1275 v00 Economic Analysis of Advanced Issues in Corporate Law Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This course will examine a broad range of issues in corporate law. The aim is to expose the students to current corporate topics. Light economic and game theory reasoning shall often be applied. The only prerequisite or co-requisite is a basic corporations course. Formal training in economics or finance is not a necessity but some interest or at least tolerance to these disciplines shall be assumed.

Each meeting shall be devoted to a single topic in corporate theory and will consider one or two articles on the topic of the session. There will be no exam in the course. Instead, students will submit short 1-2 pages long memos on the readings prior to each session (6 memos per each student).

Topics to be covered include corporate acquisitions (defensive tactics, lock-ups, corporate freezeouts, and sale of control blocks), executive pay, gatekeepers, hedge fund activism, financial crises, and corporate control structures.

Before engaging in the corporate discussions we shall devote 2.5 meetings to learn basic game theory concepts and reasoning that will assist us along the way.

Prerequisite: Prior or concurrent enrollment in Corporations.

Note: This course will meet on a condensed schedule in Fall 2014 on the following dates: Wed, 9/3, Friday 9/5, Mon, 9/8, Wed, 9/10, Mon, 9/15, Wed, 9/17, Mon, 9/22, Wed, 9/24, Mon, 9/29, Wed., 10/1, Mon, 10/6, Wed, 10/8, and Tuesday, 10/14 (Monday classes meet).

LAW 139 v06 Economic Reasoning and the Law Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This course covers a variety of selected economic concepts that have relevance for the study and practice of law, including economic incentives, bargaining, game theory, externalities, risk sharing, adverse selection, and decision theory.. The course does not provide a broad overview of the debate over "law and economics." Instead, it presents certain basic concepts in economics that are useful for lawyers and applies them to doctrinal and practice situations. Besides the reading and course paper, the course requirements include regular assignments of economics problems, which are turned in each class and then form the basis for much of the analysis and discussion. There is no economics prerequisite. This course will be accessible for students who do not have an extensive economics background, but want to learn to utilize economic arguments. However, it is open to all students.

LAW 1347 v00 Economic Regulation of Energy

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will address the principles of economic regulation of energy production, transportation, and delivery. Energy drives the economy, and the substantial investment required to produce, refine, transport, and deliver energy brings with it significant government regulation. We will focus primarily on economic regulation of energy at the Federal level, with some discussion of parallel state regulatory schemes and federal-state jurisdictional issues. The starting point is an understanding of the physical aspects of energy—the different sources of energy and the practical aspects of extraction, refining, transportation, and delivery to users—and the application of economics and antitrust law to understand the rationale for extensive federal and state regulation of energy industries.

The seminar will consider early steps to regulate private industry for the public good, introducing students to principles of economic regulation, including dealing with natural monopolies, requiring certificates or permits for energy facilities, balancing the need for industry to attract capital with rate-payer protection through cost-of-service ratemaking, assuring “just and reasonable” rates and terms and conditions of service, preventing undue discrimination, relying on competitive market forces as a substitute for regulation (light-handed or market-based regulation), and partial deregulation. Key Federal agencies to be examined are the Federal Energy Regulatory Commission (FERC) and the Department of Energy. We also will touch on parallel issues at the state level, efforts to diversify energy sources and reduce environmental impacts, state-federal conflicts, and enforcement programs.

The seminar will include a practical in-class exercise where students will prepare and present argument in a mock hearing setting. Schedules permitting, there will be a visit to FERC and discussion with senior officials. There is a writing requirement, but no examination. Students will prepare a mid-term legal memorandum and a final course paper that addresses a significant legal or policy energy topic. Grades will be based on class participation and the two written submissions.

There are no prerequisites, although prior or concurrent enrollment in Administrative Law is helpful. This seminar does not fulfill the Upperclass Legal Writing Requirement.

Recommended: Prior or concurrent enrollment in Administrative Law is helpful, but not required.

LAW 096 v02 Education Law

J.D. Course (cross-listed) | 3 credit hours

This course provides a survey of education law in elementary and secondary schools as set forth in federal and state constitutional doctrine, federal and state statutes and regulations, and local government ordinances.  A large part of the class will focus on equal educational opportunity across a wide variety of dimensions.  Other topics may include compulsory schooling, the regulation of student speech, due process and discipline, school choice, and education standards.  Throughout the course, we will consider the sometimes cooperative, sometimes contested relationships among the federal, state, and local governments; among legislatures, courts, and agencies; and among governments, parents, and children.  

Learning goals:

  • Students will be able to identify the legal rules and doctrines that apply to the topics covered.
  • Students will be able to apply those legal rules and doctrines to specific contested situations. 
  • Students will be able to evaluate those legal rules and doctrines from different normative perspectives. 

Mutually Excluded Courses: Students may not receive credit for this course and Education Law and Policy. 

LAW 096 v01 Education Law and Policy

J.D. Course (cross-listed) | 3 credit hours

Students examine legal issues relating to regulating and reforming elementary and secondary education through an analysis of federal and state court cases. They identify important legal standards/rules and explore how legal precedents could be applied to different situations across the country. Students also analyze issues relating to civil liberties, civil rights, and educational policy and authority. It is divided into three major areas of study: Democratic Education and the First Amendment; Equal Educational Opportunity; and Education Reform and the Law.

Mutually Excluded Courses: Students may not receive credit for both this course and Education Law or Education Law: Civil Rights and Civil Liberties. Students MAY receive credit for this course and Education Law: School Reform.

LAW 1393 v01 Educational Equity and the Federal Regulatory Process (Fieldwork Practicum)

J.D. Practicum | 4 credit hours

In a fieldwork practicum course, students participate in a weekly seminar and conduct legislative and policy work at outside organizations.. This fieldwork practicum course will focus on how to leverage the federal legislative and regulatory process to effect change in policies and practices to advance educational equity, including working to address school discipline disparities, resource inequities, and challenges with special education. Students will participate in a two hour/week seminar and carry out 10 hours/week of fieldwork for organizations such as the National Women’s Law Center or other legal advocacy organizations.
 

SEMINAR: This course will focus on leveraging the federal regulatory process, governed by the Administrative Procedure Act (APA), to advocate for educational equity. Students will learn about the federal legislative process that precedes the administrative process guiding the implementation of law and policy. Students will become adept at identifying key points for intervention to elevate equity issues and advance legislative and policy solutions. Students will work with legal advocacy organizations on tasks such as drafting and submitting comment letters in response to Requests for Information, Notice of Proposed Rulemaking, drafting congressional testimony, interpreting federal regulation and guidance, and interfacing with federal agencies. Students will work on issues such as significant disproportionality in special education, the “School-to-Prison Pipeline” and school discipline reform, resource inequity, and school diversity and integration. Through this familiarity, students will identify points for intervention to advocate for funding of alternatives to overly punitive discipline practices, like restorative practices and school-based mental health services. Students will become competent in identifying advocacy intervention points in the appropriations process.
 

FIELDWORK: In the two-credit, mandatory pass-fail, fieldwork portion of the practicum, students will work for 10 hours/week, over 11 weeks, with organizations that focus on educational equity. Students will be supervised by attorneys from these offices and will conduct work that is legal in nature.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Recommended: Administrative Law. In addition, the courses Education Law: Civil Rights and Civil Liberties and The Federal Role in Education Law Seminar may provide useful background to students in this practicum.

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and a clinic, externship, or another practicum course.

Note: This practicum is open to LL.M. students, space permitting. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.
This practicum is suitable for evening students who can commit to attending the weekly seminar and participating in 10 hours of fieldwork a week; the fieldwork must be completed during regular business hours.
This is a 4 credit course. 2 credits will be awarded for the 2-hour weekly seminar and 2 credits for 10 hours of fieldwork per week, for a minimum of 11 weeks. The seminar will be graded; the fieldwork will be evaluated on a Pass/Fail basis.
Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.
Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1042 v00 Effective Use of Courtroom Technology

J.D. Seminar | 1 credit hour

“It is not what you know, it is what you can prove,” an old litigation maxim states. Numerous studies and commentators report that, if properly employed, courtroom technology can make it easier for lawyers to prove their case – while also producing substantial savings in trial time and associated costs. Taught by a Federal judge, this course focuses primarily on trial preparation and especially on the pretrial work that is essential to good trial presentations and examinations. It covers all of the equipment now commonly used in courtrooms and focuses on how that equipment may be best used in performing common trial tasks – preparing and managing exhibits, opening and closing arguments, arguing motions, and examining witnesses. It also spends time considering some of the legal issues raised by the use of electronics in the courtroom, including questions raised under the Federal Rules of Evidence.


This is a practical class not intended as an exhaustive treatment of any of the subjects involved in the use of technology in the courtroom. Its central objective is to provide students with some basic information and helpful methods that will allow them to incorporate the use of courtroom technology into their litigative practices. Grading will be based on class participation (25 percent) and a final project (75 percent).

Prerequisite: Evidence and Civil Procedure.

Note: Note: WEEK ONE COURSE. This seminar will meet for one week only on the following days: Monday, January 11, 2016, through Friday, January 15, 2016, 2:45 p.m. - 5:45 p.m. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Note: Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until Monday, January 11, 2016, 5:00 p.m. to drop this course.

Withdrawals are permitted up until the last class for this specific course.

LAW 1182 v00 Election Law (Project-Based Practicum)

J.D. Practicum | 4 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professors. This project-based practicum course will focus on election law. Students will participate in a two hour/week seminar and carry out 10 hours/week of project work under the direction of the course professors.

SEMINAR: The seminar portion of this course will focus on voting rights law--including the Voting Rights Act, constitutional protections on the right to vote and redistricting law--and will also cover some related areas of law, including regulation of campaign finance. In the area of voting rights, the course will specifically examine the state of voting rights law and litigation in the wake of the 2013 Suprememe Court decision in Shelby County V. Holder. The course will cover issues such as voter ID laws and other burdens on the right to vote, felon disenfranchisement, racial and partisan gerrymandering, and other voting-related topics based on current events. In the area of campagin finance, the focus will be on the law governing limits on contributions to candidates and the disclosure of funds contributed or spent to influence elections. Cases challenging these regulations as violative of the First Amendment have proliferated in the post-Citizens United world. Throughout the semester, students will be assigned several writing assignments that may include: complaints for potential federal lawsuits alleging violations of the Voting Rights Act and/or the United States Consitution; briefs or motions in pending voting rights cases; and other legal documents directly related to ongoing work in the voting rights and campaign finance fields. This practicum course will give students the opportunity, among other things to explore and weigh the governmental interests involved in voting and campaign finance restrictions against the rights those laws may infringe.

PROJECT WORK: Students in this practicum will have the opportunity to draft legal papers and/or briefs in current election law matters. Assignments will be based on pending cases and matters, but will involve a wide range of election law issues raising important questions of constitutional and statutory interpretation.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Recommended: Prior enrollment in Constitutional Law II.

Mutually Excluded Courses: Students may not concurrently enroll in this practicum course and a clinic or another practicum course. Students may concurrently enroll in this practicum course and an externship.

Note: This practicum course is open to LL.M. students, space permitting. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.

This practicum course is suitable for evening students who can attend seminar and participate in 10 hours/week of project work.

This is a four-credit course. Two credits will be awarded for the two-hour weekly seminar and two credits will be awarded for approximately 10 hours of project work per week, for a minimum of 11 weeks. Both the seminar and the project work will be graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 195 v05 Election Law: Voting, Campaigning and the Law

J.D. Course (cross-listed) | 3 credit hours

This course examines federal and state law regulating the conduct of elections and the financing of campaigns. Included are aspects of federal and state constitutional law on speech, association, and equal protection; and particularly problems of apportionment, gerrymandering, race-conscious districting under the Voting Rights Act, and barriers to voting. With respect to campaign finance, we consider how much and what kinds of legal regulation are constitutionally appropriate regarding parties, candidates, independents, political action committees, corporations, unions, and individuals.

LAW 067 v04 Electronic Discovery

J.D. Course | 1 credit hour

Modern discovery is no longer about rummaging through boxes of paper; today, relevant information is essentially stored electronically. The wealth of potential evidence contained in massive stores of e-mail, instant or text messages, electronic files of different types, database applications, social media, the cloud, mobile devices, information from sensors, and myriad other imaginable (and unimaginable) applications or media has engendered an ever-expanding jurisprudence in the field known as Electronic Discovery. The law has struggled to keep pace with the challenges electronic information presents for the legal system, including preservation and spoliation issues, rising costs, and questions of privilege waiver, privacy, and evidentiary admissibility, to name but a few. Amendments to the Federal Rules of Civil Procedure that went into effect on December 1, 2015, changes to the Federal Rules of Evidence in 2008, and a dizzying array of state and local rules that have emerged in response to the challenges posed by electronically stored information have brought Electronic Discovery to the forefront of litigation. This course will cover matters that lawyers need to know in order to competently represent their clients in an increasingly digital world, and will explore some of the broader challenges posed by electronically stored information.

Prerequisite: Civil Procedure. This requirement may be waived with permission of the professor. J.D. students must complete a minimum of 28 credit hours before enrolling in this distance learning course.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Introduction to Electronic Discovery and Evidence; or Information Technology and Modern Litigation; or Technology in Legal Practice: A Practical Study of Electronic Discovery, Big Data, Cybersecurity and Beyond (formerly Electronic Discovery Seminar); or Topics in Electronic Discovery.

Note: This course will be taught online using Zoom. Additional instructions will be provided to enrolled students. Professor Grossman will teach the June 7, 2016 class in McDonough 156. On-site attendance for this session is optional.

LAW 219 v00 Emerging Growth Companies and Venture Capital Financings

J.D. Seminar | 2 credit hours

This course covers the legal and business issues that arise in the context of representing emerging growth companies and the venture capital investors who provide an important source of capital to such companies. In particular, the course will focus on the legal issues typically encountered by private companies at formation, financing, operation and key corporate events, including acquisition transactions and public offerings. Topics covered include corporate formation and governance, venture capital financing, employment and equity compensation matters, protection of intellectual property, securities laws compliance, debt financing and exit strategies through merger, acquisition or initial public offering. The course will offer an introduction to these topics through the eyes of attorneys who practice in a Silicon Valley-based law firm active in the East Coast technology and life sciences market and will also include guest presentations by industry participants, such as venture capitalists, angel investors and entrepreneurs. The course will include a practice exercise designed to introduce students, working in practice teams, to the process of structuring and executing venture capital transactions.

Prerequisite: Corporations.

Recommended: Securities Regulation.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Venture Capital, Private Equity, and Entrepreneurial Transactions.

LAW 1197 v00 Emerging Law Governing Digital Information

J.D. Seminar (cross-listed) | 2 credit hours

This course responds to the compelling need for lawyers to help companies navigate the rules for managing and governing digital information assets in the 21st century. Students will explore the growing portfolio of laws and regulations that control how digital information assets and systems are developed and maintained, as well as the impact of digital records on the ability of companies to operate within existing legal frameworks. Readings, discussions, and student contributions will illuminate the strategies required for navigating through legal, technology, and compliance risks. Both domestic and international legal materials will be examined, to enable the comparative challenges of global online business.

Topics include the structure and governance of information systems and markets; the corporate duties to preserve digital information; the regulation of information systems and networks; information sharing and security between the private and public sectors; and future trends in information governance.

The course is highly interactive, emphasizing in-class student analyses, rapid-fire group collaboration, and the use of innovative visual tools enabling students to navigate the complexity of legal and technology rules. In completing this course, students will have enhanced their abilities to work in diverse career tracks, including in-house compliance, risk management, and regulatory counsel roles.

The grade will be based on class preparation and participation, as well as a final take-home examination.

Prerequisite: Prerequisites: Contracts or Bargain, Exchange, and Liability (or for foreign-educated LL.M. students, Foundations of American Law, Introduction to U.S. Legal Methods or a Contracts equivalent course from the home country).

Recommended: One or more of Evidence, Commercial Law: Payment Systems, or Commercial Law: Sales Transactions.

No special technology background or experience is required; however, students will be expected to prepare and submit work electronically.

Note: Students in this course will be charged a course materials fee to cover commercial materials that the Law Center purchases at the faculty’s request on behalf of enrolled students. This additional fee will be placed directly on a student’s account on February 25, 2015. Students who drop the course will not be charged, but students who are approved to withdraw from the course after add/drop will not be refunded. Courses that start after the Spring add/drop deadline (January 20, 2015) have until the beginning of the second class session to drop the course.

LAW 1337 v00 Empirical Analysis for Lawyers and Policymakers Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar is intended to help students become better consumers of empirical work in the law and social sciences. By the end of the semester, students should: (1) understand the basics of some common empirical methodologies; (2) see how empirical work can inform public policy; and (3) have a better sense of the limits and problems inherent in empirical work.

Each week, we will cover one or more policy-relevant empirical papers that students will be expected to read. Students will submit a 1-2 page analysis of an assigned paper before class. Each paper will introduce students to a particular empirical methodology, or show how it might be applied in a particular policy setting.

Topics will be drawn from a variety of areas, including criminal law, education, health, development, and labor. For example, we might study questions like: what is the impact of education on earnings? How do 401(k) plans affect people’s savings decisions? How does a change in the minimum wage affect labor supply? Do minimum drinking ages reduce drunken driving deaths? What are the benefits and limits of randomized controlled trials?

Toward the end of the semester, students will be asked to write an 8-10 page paper that analyzes in detail an empirical paper of their own choosing (selected from a list I will provide). If there is time, students will be asked to present their analysis to the class in a final presentation.

Grades will be based on the short 1-2 page analyses, the 8-10 page final paper and presentation, and classroom participation.

Recommended: Some background in statistics or econometrics is helpful but not required. More important is a willingness to engage with unfamiliar material and a deep interest in learning.

LAW 3011 v00 Employee Benefits Practicum

LL.M Course (cross-listed) | 4 credit hours

This course will focus on the practical application of ERISA principles as applied to qualified and non-qualified retirement plans, health and welfare plans and executive compensation. Students will draft plan documents and summary plan descriptions; review employee communications; draft memos and responses to participant inquiries; conduct legal research; conduct due diligence with respect to employee benefits in corporate transactions; negotiate and draft the asset purchase provisions of corporate transactions; negotiate and draft vendor contract provisions; review Securities & Exchange filings with respect to employee benefit plan footnotes and executive compensation disclosures; review the principles of employee benefits in bankruptcy; review principles of labor law as it impacts employee benefits in collective bargaining; review the avoidance and management of ERISA litigation; consider the legal ethics with respect to representing various parties in an ERISA dispute; and other practical considerations in dealing with employees, government agencies, participants, insurance companies and other vendors and plan sponsors.

Prerequisite: Federal Income Taxation (formerly Taxation I), Employee Benefits: Qualified Retirement Plans, Employee Benefits: Executive Compensation, Employee Benefits: Health & Welfare Plans.

If you do not have any experience or knowledge about employee benefits, you need Professor approval to take this class.

Mutually Excluded Courses: Survey of Employee Benefits Law

Note: Required for the Employee Benefits Certificate.

This course is open to J.D. students by professor permission only - no exceptions. Interested students should contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.

LAW 3004 v00 Employee Benefits: Executive Compensation

LL.M Seminar (cross-listed) | 2 credit hours

This class will focus on the tax aspects associated with nonqualified deferred compensation, including the tax doctrines of constructive receipt and economic benefits, as well as the three different income tax regimes set forth in section 409A, section 457A and section 457(f), and the employment tax regime under section 3121(v). In addition to exploring the various rules and the Federal tax consequences under these and other Code sections, including sections 162(m) and 280G, consideration will be given to the tax policy issues driving the varying treatment and the design, drafting and implementation of many types of executive compensation arrangements, including equity compensation awards, traditional nonqualified deferred compensation plans, SERPS, excess benefit plans, rabbi trusts and top hat plans. This class will also provide an introduction to the registration and reporting requirements under the Securities Act of 1933 and the Securities Exchange Act of 1934, respectively, regarding executive compensation arrangements.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Mutually Excluded Courses: Students may not receive credit for this course and Taxation of Nonqualified Deferred Compensation.

Note: This course is required for the Employee Benefits Certificate.
This course is open to J.D. students by professor permission. Interested students should contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.

LAW 3003 v00 Employee Benefits: Health & Welfare Plans

LL.M Seminar (cross-listed) | 2 credit hours

This course focuses on the tax and ERISA aspects of employer-sponsored health and welfare benefit plans. The tax discussion will concentrate on the conditions for favorable tax treatment of health and welfare benefits (and other statutory fringe benefits), the cafeteria plan rules, the applicable nondiscrimination requirements, and the special rules applicable to funded welfare benefits. The ERISA discussion will focus on plan design, reporting and disclosure, claims procedures, and fiduciary duty rules. The course will integrate the tax and labor aspects of the Affordable Care Act.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Mutually Excluded Courses: Students may not receive credit for this course and Health and Welfare Benefit Plans: Tax & ERISA Aspects.

Note: This course is required for the Employee Benefits Certificate.

This course is open to J.D. students by professor permission. Interested students should contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.

LAW 3005 v00 Employee Benefits: Qualified Retirement Plans

LL.M Seminar (cross-listed) | 2 credit hours

This course addresses the basic structure, operation, and requirements for establishing and maintaining tax-qualified pension, profit-sharing, and 401(k) plans under section 401(a) of the Internal Revenue Code and related provisions of ERISA, including plan document, coverage, accrual, vesting, nondiscrimination requirements, taxation of distributions and related fiduciary obligations.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Mutually Excluded Courses: Students may not receive credit for this course, Retirement Plan Qualification Requirements, Retirement Plans - Design and Taxation, or Retirement Income: Taxation and Regulation.

Note: This course is required for the Employee Benefits Certificate.
This course is open to J.D. students by professor permission. Interested students should contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.

LAW 150 v04 Employment Discrimination

J.D. Course | 3 credit hours

This course explores the legal mandate for equal employment opportunity in relation to race, color, religion, sex, national origin, age, disability and other traits. The focus is principally upon Title VII of the Civil Rights Act of 1964 and also includes the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Post Civil War Civil Rights Acts, and state analogues to Title VII, such as the District of Columbia Human Rights Act. The course also discusses the evolution of employment discrimination law to address such traits as sexual orientation and transgender status. The course examines the doctrinal and theoretical aspects of employment discrimination law through a rigorous analysis of court decisions, statutes and regulations; explores the public policy issues underlying the law of employment discrimination; and discusses the strategic and tactical approaches a practicing attorney will consider in actually utilizing these laws to represent clients.

Recommended: Prior or concurrent enrollment in Evidence and Professional Responsibility.

LAW 150 v05 Employment Discrimination

J.D. Course | 3 credit hours

This course explores the legal mandate for equal employment opportunity in relation to race, color, religion, sex, national origin, age, disability, and other traits. The focus is principally upon Title VII of the Civil Rights Act of 1964 and also includes the Age Discrimination in Employment Act, the Americans with Disabilities Act, and related state analogues. The course examines the doctrinal and theoretical aspects of employment discrimination law through a rigorous analysis of court decisions, statutes and regulations. Legal readings will be supplemented with perspectives from psychology, sociology, and economics. We will also discuss the strategic and tactical approaches a practicing attorney will consider in actually utilizing these laws to represent clients.

LAW 263 v02 Employment Law

J.D. Course | 3 credit hours

This course surveys the law regulating the fundamentals of the employee-employer relationship and examines a variety of public policy questions relating to employment standards regulation. The subjects covered may include: the common law doctrine of at-will employment and the development of contract and tort exceptions to that doctrine; statutory efforts to protect employees from wrongful discharge; the law of work-related invasions of privacy (e.g., drug-testing, genetic screening, polygraphs, etc.); the National Labor Relations Act; the regulation of employment compensation (e.g., Fair Labor Standards Act, prevailing wage laws); the regulation of workplace health and safety (e.g., Occupational Safety and Health Act). This course may also cover the Worker Adjustment and Retraining Notification Act, the Family Medical Leave Act, and workers compensation.

LAW 1290 v00 Energy and Environment Seminar: Hydraulic Fracturing

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will examine the many policy and legal implications of the explosive growth of hydraulic fracturing, which has dramatically increased U.S. oil and gas production through the application of new drilling technology. As a foundation for this examination, the seminar will begin with the nuts-and-bolts of fracturing technology, how it differs from conventional production methods and what environmental impacts it can cause. The seminar will then focus on how fracturing is reshaping the U.S. energy production map and affecting energy prices and markets domestically and internationally. The seminar will then address a set of case studies that bring into focus key areas of legal and policy debate. Areas to be covered include: Is the science sufficient for policymakers to make thoughtful decisions to authorize or ban fracturing? What should the federal and state roles be in regulating fracturing and how much authority to control fracturing exists at the federal and state levels? Should individual cities and towns be allowed to ban fracturing or should that decision be made by states for all their communities? Is increased production of natural gas due to fracturing a positive or negative development from the perspective of addressing the global warming threat? In addition to writing papers, students will be divided into teams that will prepare classroom presentations about how key states have grappled with the challenges posed by hydraulic fracturing.

Prerequisite: Prior enrollment in at least one of the following courses: Environmental Law or Energy Problems Seminar: Climate Change and Other Energy Issues or Energy Regulation: A Practical Approach (formerly Economic Regulation of Energy).

LAW 1455 v00 Energy Law

J.D. Course (cross-listed) | 3 credit hours

This course examines in detail the regulatory regimes governing the sale and delivery of energy in the United States. The focus will be on the economic regulation of electricity and fossil fuel markets. Students will develop a working understanding of how electricity, oil and gas markets are regulated: i.e., how federal and state regulatory commissions regulate price and competition in interstate energy markets under the Federal Power Act and the Natural Gas Act, respectively, and in intrastate markets under analogous state laws. Other topics will include (i) how the law is evolving to address the rapid growth in renewable generation, (ii) the move toward increasing competition and market pricing in energy markets, (iii) the siting of natural gas pipelines and electric transmission lines, (iv) state regulation of oil and gas production, including fracking, (v) rules governing the development of LNG terminals, and (vi) disputes over the pricing and regulation of distributed energy resources (such as rooftop solar or demand response), and more.

Mutually Excluded Courses: Students may not receive credit for both this course and Energy Law and Policy.

LAW 1472 v00 Energy Law and Policy

J.D. Seminar (cross-listed) | 2 credit hours

This course will present the framework for the governance of energy production, distribution and use in the United States, and provide a foundation for future coursework on these subjects. While the course will focus primarily on U.S. law, it will address some international subjects and examples. Topics will include the evolving U.S. fuel mix and market dynamics, utility restructuring and grid modernization, roles of state and federal governments, the role of different policymakers and regulatory bodies in overseeing U.S. energy systems, relevant environmental laws, and emerging policy issues. There are no prerequisites, although experience with administrative law or environmental law would be beneficial.

Learning Objectives:

  1. Substantive expertise
    • The physical nature of the energy system (how it is produced, distributed, and used)
    • Common terminology and acronyms related to energy and its regulation
    • Key statutes and regulations applying to energy production, distribution and use, and key cases interpreting this legal framework
    • Current issues being debated in energy law
  2. Understanding of governance structure
    • The roles and responsibilities of different policymakers and regulators (e.g., economic regulators, environmental regulators, natural resource managers, legislators) and how they relate to each other
    • State and federal responsibilities in overseeing the energy system
  3. Legal and policy skills
    • How to explore questions of regulatory authority by state and federal agencies
    • How to write analytically about legal and policy questions

Recommended: Administrative Law, Environmental Law.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Energy Law.

LAW 142 v02 Energy Problems Seminar: Climate Change and Other Energy Issues

J.D. Seminar (cross-listed) | 2-3 credit hours

This seminar considers economic, political, and legal aspects of current problems in the petroleum, natural gas, electrical, nuclear, coal and alternative energy industries with particular focus on global warming and the impact of climate change policies on energy use in the United States and abroad. In addition to the connection between global warming and energy, the seminar will examine: (1) the nexus between U.S. energy policy and Middle East wars and diplomacy; (2) the future of energy deregulation; (3) tensions between state and federal efforts to address energy issues; and (4) the problems and prospects of introducing new fuels and fuel sources, including nuclear, hydrogen, and renewables, into the U.S. and world economies. As these subjects sweep across the entire economy, they touch upon several fields of law: administrative law, antitrust, constitutional law, environmental law, oil and gas law, public utility regulation, and international law (both public and private).

Note: This seminar requires a paper. Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 1347 v01 Energy Regulation: A Practical Approach

J.D. Seminar (cross-listed) | 2 credit hours

This seminar focuses on the practical application of core and extended legal principles applicable to the electric, natural gas, and oil transportation industries. We will address challenges associated with the formation and implementation of energy policy by examining regulatory reforms and judicial decisions that continue to shape investment and operations. Taking a holistic approach that embraces financial, technological, and environmental factors, we will explore efforts to enhance the touchstones of fairness, efficiency, reliability, adequacy, and enforcement in domestic energy industries.

Several key statutes form the framework of energy law, including the Federal Power and Natural Gas Acts. We will extend a survey of the organic development of these statutes to the policy framework the Federal Energy Regulatory Commission has devised to achieve national goals. Foundational constitutional guideposts such as the Commerce Clause and Federalism will frame discussions while cost of service ratemaking, market-based rates, and market manipulation, with case examples and attendant legal principles, will be introduced. Diverse doctrines such as Mobile-Sierra and Chevron, among others, are considered to explore their impacts in areas such as wholesale price formation and agency initiatives, respectively.

By discussing norms of agency practice, we help students gain insight into current and evolving practices along the production-transmission-distribution continuum. Introduction and analysis of smart grid, demand response, low carbon goals, and other recent developments will be presented to connect current regulatory preoccupations to new challenges. Concepts such as cost causation and undue preference will be studied in contemporaneous contexts to convey the dynamics of rapidly evolving technologies, industry economics, and politics. In sum, the seminar’s emphasis on the practical application of energy law concepts will help students spot issues and assess controversies in the energy sphere.

The seminar will include two practical oral exercises, wherein students will prepare and present argument or negotiation positions in a mock setting and receive feedback on performance. The second exercise will be graded. There is no final examination; students will write a final paper on an energy law topic of their choice. Schedules permitting, there will be a visit to FERC and discussion with Commission staff. Grades will be based on class participation, the second practical oral exercise, and the final paper.

This seminar does not fulfill the Upperclass Legal Writing Requirement.

Recommended: Prior or concurrent enrollment in Energy Law or Energy Law and Policy.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 2009 v01 Energy Trading and Market Regulation

LL.M Course (cross-listed) | 2 credit hours

Energy markets are dynamic and growing rapidly, creating new business opportunities and legal challenges not only for traditional energy companies such as utilities, pipelines, natural gas producers and independent power producers, but also for newer market entrants including investment banks, demand response providers, smart grid and renewable energy companies, hedge funds, and large industrial and commercial consumers of natural gas and electricity. The course will focus on the economic regulation of physical wholesale energy markets by the Federal Energy Regulatory Commission (FERC), primarily the regulation of transportation, price and competition in the electric and natural gas markets. We will examine six main areas: (i) restructuring and deregulation under the Federal Power Act and Natural Gas Act; (ii) the current model of energy market enforcement and compliance derived, in large part, from securities market regulation; (iii) the legal, regulatory and market responses to ongoing challenges, including market based pricing, market structure and the prevention of market manipulation and market power abuse; (iv) foundational laws and policies governing energy markets and non-discriminatory transportation by wire and pipeline of the electricity and natural gas commodities; (v) “hot topics” such as the shale gas revolution, pipeline and electric transmission infrastructure development and cost allocation, and integrating demand resources and renewables; and (vi) the constant interplay among Congress, energy regulatory agencies and market participants. Students will gain an appreciation for the legal and market challenges confronted by market participants. Some sessions will feature guest lecturers. There will be no examination. Instead, each student’s grade will be based on a final paper that takes a position on a key legal or policy issue and defends that position persuasively.

LAW 1067 v01 English Legal History Seminar: Foundations of American Law

J.D. Seminar | 3 credit hours

This seminar emphasizes the development of the common law during the 18th Century--the age of Blackstone and his Commentaries. This was an era of rapid growth in the law, and English procedures and precedents were the foundation upon which much of the law of the early American republic was built. A central focus is on the role of Lord Mansfield as Chief Justice of the Court of King's Bench in creating a modern approach to doctrine and practice. Mansfield was a strong influence on leading American jurists and scholars of the 19th and 20th centuries, such as Joseph Story and Karl Llewellyn. Also studied is the role of the jury in 18th-century English courts--a role that continues to govern the scope of the right to jury trial in the United States under the Seventh Amendment. Special juries will be discussed, including the jury de medietate linguae ("of the half tongue") and the jury of matrons. Attention is given to the problem of crime in the 18th century, to the conduct of the criminal trial, and to the early history of the law of evidence. Students examine and discuss original documentary evidence discovered by recent research. A substantial paper is expected.

LAW 137 v01 Entertainment Law

J.D. Course | 3 credit hours

This course will provide an in-depth overview of the many facets that comprise entertainment law, including copyright, contracts and anti-trust issues. We will primarily examine the music, film and television industries and explore how the various players use contracts to protect their rights and interests; how digital innovation and technology has dramatically transformed the production, distribution and discovery of talent; discuss the intersection of law, public policy and business as it pertains to a variety of copyright and intellectual property issues that confront these industries. We will examine the roles of agents, managers, promoters and others who are responsible for connecting talent with projects and with the public, including the ethical concerns for practitioners who are sometimes drawn into more than simply practicing law.

Class participation is encouraged and will form some part of the grade.

The text will be Biederman et. al., Law and Business of the Entertainment Industries, Praeger/Greenwood, 5th Edition, CY-2007 along with supplemental materials. Both case law and other readings will be included, as well as redacted licensing, recording and other personal services agreements.

Prerequisite: Prior enrollment in one or both of the following courses: Copyright Law or Trademark and Unfair Competition Law.

LAW 137 v03 Entertainment Law

J.D. Course | 3 credit hours

This course will explore legal and business issues that arise in connection with the development, production and exploitation of entertainment product, with a primary focus on theatrical motion pictures, television and digital content. Topics will include contracts and contractual relations in the entertainment industry; individual and publicity rights; protection of literary material; the protection of ideas; representation of clients in the entertainment industry; issues raised by exploitation of entertainment works in the distribution chain; the roles of agents, managers and creative executives; and so-called “backend” participation accounting. We will explore how digital innovation and technology has dramatically transformed the production and distribution of content and how relevant law, public policy and business principles apply to this industry (including the role of copyright and antitrust throughout the history of the business). The class will strive to emphasize real-world lawyering and how to advance a client's interests through careful business analysis, the crafting of contract language and legal interpretation.

Class participation is encouraged and will form some part of the grade.

Recommended: Copyright Law or Trademark and Unfair Competition Law.

LAW 656 v00 Entrepreneurship and the Law: Evaluating Client Business Plans and Growth Strategies

J.D. Course (cross-listed) | 2 credit hours

This two-credit course will focus on the processes and challenges of entrepreneurship and the legal and strategic roles that a lawyer plays as an advisor to early-stage and rapid-growth companies. Topics will include: the entrepreneurial mindset, capital formation, resource management, forecasts and projections, leadership and team building, the entrepreneur-attorney relationship, leveraging intellectual capital and related growth strategies. Students will work in teams on mid-term assignments and a final assignment that will include analyzing a business plan. The goal of these exercises is to develop the skills that are essential to the evaluation of business plans and strategic growth of companies and to build an advisory skill set. Guest speakers will include entrepreneurial leaders, accountants, investment bankers and others involved in the entrepreneurial advisory process. Students who are interested in representing and advising entrepreneurs and start-up companies or in becoming entrepreneurs themselves will benefit from this class. This class also will be beneficial for JD/MBA joint degree students.

Prerequisite: Corporations.

Recommended: Corporate Taxation (formerly Taxation II).

Mutually Excluded Courses: Students may not receive credit for both this course and Entrepreneurship: Scaling a Business from Inception to Exit or Entrepreneurship: The Lifecycle of a Business.

LAW 1489 v00 Entrepreneurship: Scaling a Business from Inception to Exit

J.D. Seminar (cross-listed) | 1 credit hour

Entrepreneurship: Scaling a Business from Inception to Exit is a class for law students taught by entrepreneurs who formerly were lawyers. For those students interested in starting or working for an early-stage company at some point in their careers, this course will equip them with practical information and strategies that will prove useful throughout the entrepreneurial process. The curriculum will focus on all aspects of entrepreneurship, including: idea generation and business plan creation; forming a company; recruiting a team of key employees and advisors; developing a product/service; raising capital; business development / sales / marketing; Board and investor relations; and fostering a strong business culture. The course will conclude by focusing on a host of issues surrounding exit transactions.

The course will be broadly applicable to students interested in entrepreneurship. It uses a real-world approach to learning, leveraging heavily off the extensive experience of the two professors who themselves have engaged in multiple entrepreneurial ventures, as well as guest speakers with particular expertise in certain topics covered by the course.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Entrepeneurship and the Law: Evaluating Client Business Plans and Growth Strategies or Entrepreneurship: The Lifecycle of a Business.

Note: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 1617 v00 Entrepreneurship: The Lifecycle of a Business

J.D. Course (cross-listed) | 2 credit hours

This course is targeted towards law students who are interested in participating in an entrepreneurial venture at some point in their career, whether in a business or legal role (i.e., as internal or external advisor).  To be clear, it is a business class, not a traditional law class, although legal issues will be highlighted and addressed throughout, as they would be if taught to business students since business and legal issues are always closely intertwined. The primary objective of this course is to give students an understanding of and appreciation for the primary and critical steps in the lifecycle of a start-up, from inception to raising capital to scaling/business execution to exit. 

The course takes a real-world approach to learning, leveraging heavily off the extensive experience of the Professor, who has successfully executed two entrepreneurial ventures, as well as guest speakers with particular expertise in certain topics covered by the course and a simulation group exercise involving a real-life start-up scenario.  This perspective should help prepare students for the real-life challenges – and rewards – of engaging in entrepreneurship and business building.  This course is aimed at law students who are interested in participating in an entrepreneurial venture at some point in their career, whether in a business or legal role (i.e., as internal or external advisor).  

Course Goals / Student Learning Outcomes:

  • At the end of the class, students will understand how to:
    • start and structure a business with the right team and idea;
    • draft an effective business plan, raise capital from different sources;
    • build a collaborative company culture and infrastructure for scalability; and
    • exit the business while maximizing value, among other important topics.
  • The goal is to give students an understanding of and appreciation for the primary steps in the lifecycle of a start-up, from inception to raising capital to scaling/business execution to exit.
  • Students will gain an appreciation for the practical requirements and challenges (and rewards) of starting and building a business, as well as the attendant legal issues at each step in the start-up process.

Recommended: Corporations. 

Mutually Excluded Courses: Students may not receive credit for this course and Entrepreneurship and the Law: Evaluating Client Business Plans and Growth Strategies or Entrepreneurship: Scaling a Business from Inception to Exit.

LAW 1277 v00 Environmental Dispute Resolution Seminar

J.D. Seminar (cross-listed) | 3 credit hours

The Environmental Dispute Resolution Seminar explores the characteristics of environmental disputes and, through various simulations, serves to sharpen students’ skills in negotiation, litigation, client communication, persuasive writing, and oral advocacy. The Seminar will center around simulations based on a complex civil environmental law dispute that initiates as a negotiation, proceeds to litigation, and culminates in a court-ordered mediation with a third-party neutral. The course examines the roles lawyers play in each approach, as students assume the role of attorneys from a governmental agency, public interest organization, and outside counsel for a corporate defendant. Through the environmental law simulations, students will evaluate the utility and limitations of the negotiation, mediation, and litigation approaches to resolution. The Seminar will focus on developing each student’s understanding of the strategic decisions an attorney must make during various phases of dispute progression and resolution, including pre-enforcement determinations regarding compliance counseling. Students will also write a major motion that will fulfill the Upperclass Legal Writing Requirement, submitting a draft for review and comment before the final product. Environmental Law is a prerequisite for this course.

Prerequisite: Environmental Law.

Strongly Recommended: Prior or concurrent enrollment in Administrative Law. Foreign-trained LL.M. students must have completed a course in U.S. civil procedure, and U.S. Legal Research Analysis & Writing is strongly recommended.

LAW 1274 v00 Environmental Justice Seminar: Law, Theory and Practice

J.D. Seminar (cross-listed) | 2 credit hours

This course will cover the history and evolution of the environmental justice movement in the Unites States. This social movement aims to promote the fair distribution of environmental benefits and harms and incorporate the meaningful involvement of all people in the development, implementation, and enforcement of environmental laws and policies. We will specifically analyze the legal, theoretical and policy issues surrounding this contemporary movement. Key topics to be covered are: an examination of environmental problems faced by between race, poverty and the environment; the variety of legal sources to redress environmental justice concerns; the relationship between traditional environmental movements and the environmental justice movements; the emerging framework of international environmental justice, among other topics.


The course is organized as a seminar in which students are expected to participate in weekly discussions and to write weekly response essays based on the readings. The grade will be based on class participation (including the response essays), and a final research paper. The last few weeks of the semester will be reserved for student presentations of their research paper.

LAW 146 v01 Environmental Law

J.D. Course (cross-listed) | 3 credit hours

This course covers the key laws developed to control pollution. The main focus of the course is on current statutes, including the National Environmental Policy Act, the Clean Water Act, the Resource Conservation and Recovery Act, the Superfund Act (CERCLA and SARA), and the Clean Air Act. Other statutes, such as the Toxic Substances Control Act, as well as climate change, are addressed briefly. Common law and pre-1970s efforts to develop law to obtain control are also reviewed. Relying on their practical experience, the instructors address application and interpretation of the statutes, Congressional actions to extend and modify the statutes, regulatory implementation of the statutes by executive agencies, enforcement policy and practice, the role of states, citizens' groups and industry, and private efforts at clean-up. The professors use problems to help students understand the practical application of the statutes in real-world contexts.

Strongly Recommended: Prior or concurrent enrollment in Administrative Law.

LAW 146 v08 Environmental Law

J.D. Course (cross-listed) | 3 credit hours

This course focuses on legal strategies to regulate and remedy environmental harms. The course is designed to prepare transactional lawyers, regulatory lawyers, government counsel and litigators, as well as students interested in specializing in environmental law. A major goal of the course is to introduce students to the analytical skills necessary to understand and work in this and other predominantly statutory and regulatory fields. The course starts by reviewing economic, ecological and historical perspectives on protection of the environment. We also briefly cover common law environmental claims. We then turn to several cross-cutting public environmental law issues, namely discussion of regulatory design choices, federalism issues, a brief introduction to important administrative law concepts, cases, and doctrine, and analysis of the role of citizens as enforcers under US environmental laws. We then turn to in-depth analysis of key portions of several of the most significant federal environmental laws, including hazardous waste cleanup laws, the National Environmental Policy Act (NEPA), the Endangered Species Act, the Clean Air Act, and the Clean Water Act. We will also look at the developing body of law regarding climate change.

LAW 146 v09 Environmental Law

J.D. Course (cross-listed) | 3 credit hours

This course focuses on legal strategies to regulate and remedy environmental harms. It is designed to prepare transactional, regulatory, and government lawyers, and students interested in specializing in environmental law. A major goal of the course is to introduce students to the analytical skills necessary to understand and work in this and other predominantly statutory and regulatory fields. The course starts by reviewing economic, ecological and historical perspectives on protection of the environment. We also briefly cover common law environmental claims. We then turn to an in-depth analysis of the key laws developed to control pollution: the National Environmental Policy Act, the Clean Water Act, the Resource Conservation and Recovery Act, the Superfund Act (CERCLA and SARA), and the Clean Air Act. Other key topics such as climate change, enforcement policy and practice, and the role of states, citizens' groups and industry are addressed briefly. The professor will use problems to help students understand the practical application of the statutes in real-world contexts.

LAW 1373 v00 Environmental Law Seminar: From Paris to 2030: Legal and Policy Programs for States and Cities

J.D. Seminar (cross-listed) | 1 credit hour

Students will study environmental law through the prism of California’s leadership related to reducing emissions from transportation, electricity and other important sectors both within the state and beyond. This includes studying landmark legislation and regulation in California and related strategies to reduce emissions and promote clean energy, working with other “subnational” partners across the US and around the world, and engaging with EPA on motor vehicle standards and the Clean Power Plan. The relationship of these subnational and national efforts to the global climate negotiations will be discussed.

Note: Note for LL.M. students: THIS COURSE REQUIRES DEPARTMENTAL PERMISSION TO ENROLL FOR LL.M. STUDENTS. Please contact Sarah Kelley via email at sarah.kelly@law.georgetown.edu by Friday, November 20, 2015 for permission to take this class.

WEEK ONE COURSE. This seminar will meet for one week only, on the following days: Monday, January 11, 2016, through Friday, January 15, 2016, 9:00 a.m. - 12:00 p.m. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Note: Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 156 v01 Environmental Research Workshop

J.D. Seminar (cross-listed) | 3 credit hours

The Environmental Research Workshop has three primary objectives: to (1) acquaint students with some of the best contemporary scholarship in environmental, natural resources, and energy law; (2) create an intellectual forum at Georgetown that brings together some of the nation's foremost academic scholars with law- and policy-makers in the fields of environmental, natural resources, and energy law for the exchange of ideas, and to allow students to participate in that forum; and (3) provide students with an opportunity to produce some substantial legal scholarship on an environmental, natural resources or energy law-related topic. The centerpiece of the course is a series of workshop meetings, during which a leading academic or practitioner will present a paper or other written material, followed by commentary. Previous workshop speakers have included nationally recognized scholars writing about market-based regulation, risk analysis, environmental justice, climate change, endangered species, statutory interpretation, and other timely topics. Commentators have included a federal appellate judge, a Deputy Solicitor General, the general counsel for the U.S. Environmental Protection Agency, and the Counsel to the Secretary of the Interior, among others. Students will have an opportunity to present drafts of their papers to the class and respond to questions about them.

Students can fulfill their Upperclass Legal Writing requirement by producing a substantial piece of scholarly writing. Any student wishing to do this must register for the three (3) credit section of the course. JD students have the option of enrolling in the course for two instead of three credits. Those who pursue the two-credit option will not be responsible for preparing a substantial scholarly paper. They will instead draft the equivalent of three 4-5 page more detailed written critiques of papers being presented by the outside speakers. These critiques will be shared with the outside speaker. The paper requirements of the 2-credit section will not fulfill the Upperclass Legal Writing Requirement.

Prerequisite: Prior or concurrent enrollment in the basic survey class in environmental law, natural resources law, or international environmental law. Exceptions may be made with the consent of the Professor.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 754 v01 Epidemiology for Lawyers

LL.M Seminar (cross-listed) | 1 credit hour

This course addresses the growing use of empirical methods in health law and policy, as well as in a variety of related fields, such as environmental policy, toxic torts, and biopreparedness. It provides basic training in the methods of epidemiology, risk assessment, and biostatistics. The goal of the class is to produce lawyers, policy-makers, and advocates who can critically evaluate study design and analytical methods and who have sufficient scientific literacy to be able to participate effectively in multi-disciplinary teams with scientists and health professionals. In addition to the core methodological components, focus topics—such as tobacco control, documenting human rights violations, and the impact of urban design on obesity—will be examined. There is no math or science prerequisite; quantitative skills needed for the class will be developed through instruction and exercises.

Note: Not intended for MPH students. No prior knowledge of Epidemiology is assumed.

WEEK ONE COURSE. This seminar will meet for one week only on the following days: Monday, January 8, 2018 through Friday, January 12, 2018, 1:30 p.m. - 4:05 p.m.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting their academic advisor in the Office of Graduate Programs. Withdrawals are permitted up until the last class for this specific course.

LAW 833 v00 Estate Planning: Estate and Gift Tax

LL.M Course (cross-listed) | 2 credit hours

This course is an overview of the federal estate and gift tax. Beginning with the gift tax, topics covered will include what constitutes a taxable gift, what types of property transfers are not gifts, and when a gift is treated as complete for Federal gift tax purposes. Students will explore both outright gifts and gifts in trust. The course will then turn to the estate tax, including what assets are included in a decedent's estate by virtue of "strings" the decedent retained on gifts made during lifetime. The gift and estate tax marital and charitable deductions will be covered, as well as the various gift and estate tax techniques often employed to reduce the tax on lifetime gifts and testamentary bequests. The matters covered in class are illustrated by examples drawn from current estate planning practice, recent cases and Internal Revenue Service rulings. Students will be evaluated based on a two-hour multiple-choice final exam.

Prerequisite: Federal Income Taxation (formerly Taxation I), Decedents' Estates or equivalent, or concurrent enrollment in Wills & Trusts. This course is taught at an advanced level, and it is strongly recommended that students have completed Income Taxation of Trusts, Estates, and Beneficiaries and a J.D. course in Estate and Gift Tax, or possess equivalent practice experience.

Note: Students pursuing the Estate Planning Certificate must attend a mandatory Introductory Session on 8/29 and take Income Taxation of Trusts, Estates and Beneficiaries (8/31-9/26), Estate and Gift Tax (9/28-10/31), and Special Topics in Transfer Tax (11/2-11/30). Students not pursuing the Certificate may take one or more of the classes, but also must attend the Intro Session even if they only take one class.

Withdrawals are permitted up until the last class for this specific course.

JD students: THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Please contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.

LAW 868 v00 Estate Planning: Income Taxation of Trusts, Estates and Beneficiaries

LL.M Course (cross-listed) | 2 credit hours

Covers the principal federal income tax rules applicable to trusts and estates, including simple and complex trusts, grantor trusts, charitable trusts and income in respect of a decedent. The use of problems for illustrative purposes, planning points, and other practical considerations are emphasized in the course.

Prerequisite: Federal Income Taxation (formerly Taxation I), Decedents' Estates or equivalent, or concurrent enrollment in Wills & Trusts.

Recommended: Completion of a J.D. course in Estate and Gift Tax or equivalent practice experience. Students are advised to do some background reading in this area if they have not previously taken a course in Estate and Gift Tax.

Note: Students pursuing the Estate Planning Certificate must attend a mandatory Introductory Session on 8/28 and take Income Taxation of Trusts, Estates and Beneficiaries (8/30-9/25), Estate and Gift Tax (9/27-10/30), and Special Topics in Transfer Tax (11/1-11/29). Students not pursuing the Certificate may take one or more of the classes, but also must attend the Intro Session even if they only take one class.

Withdrawals are permitted up until the last class for this specific course.

JD students: This course requires Professor Permission to enroll. Please contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.
The take-home exam in this course may be administered mid-semester and the specific exam date will be provided by the professor after the add/drop period.

LAW 825 v00 Estate Planning: Special Topics in Transfer Tax

LL.M Course (cross-listed) | 2 credit hours

This course supplements the two estate planning courses taught earlier in the fall semester, Income Taxation of Trusts, Estates, and Beneficiaries and Estate and Gift Tax. Like those courses, it is required for the Estate Planning Certificate and is a prerequisite for the Spring estate planning course, Advanced Private Wealth Transfer Seminar. This course addresses four areas of special concern in wealth planning: the distinction between common law and community property principles; valuation and business succession issues that arise in complex wealth planning; international aspects of wealth planning; and the generation skipping transfer tax or GST. Students will be evaluated primarily on the basis of a written paper; class participation and assigned short written exercises will also be given weight in determining the final grade.

Prerequisite: Federal Income Taxation (formerly Taxation I), Decedents’ Estates or equivalent, or concurrent enrollment in Wills & Trusts; Income Taxation of Trusts, Estates, and Beneficiaries; Estate and Gift Tax.

Note: Students pursuing the Estate Planning Certificate must attend a mandatory Introductory Session on 8/28 and take Income Taxation of Trusts, Estates and Beneficiaries (8/30-9/25), Estate and Gift Tax (9/27-10/30), and Special Topics in Transfer Tax (11/1-11/29). Students not pursuing the Certificate may take one or more of the classes, but also must attend the Intro Session even if they only take one class.

Withdrawals are permitted up until the last class for this specific course.

JD students: This course requires Professor Permission to enroll. Please contact Ellis Duncan via email at ged5@law.georgetown.edu no later than August 1, 2018 for permission to take this class.

LAW 164 v15 Ethics and Professional Identity Seminar: The Practicing Lawyer and the Poor

J.D. Seminar | 1 credit hour

This course will examine the moral obligations of the lawyer confronting the stark reality of poverty, particularly in the United States. Our starting point will be Roman Catholic teaching on the "preferential option for the poor," but similar beliefs and principles of other faith traditions and philosophies will be explored as well. Participation by those of any faith or no faith--including the suggestion of relevant readings--is welcomed.

We will look at the careers and lives of several individuals who have devoted themselves to the service of the poor, and the philosophical, spiritual, and professional values underlying their dedication. But we will also look at the situation of lawyers whose everyday professional work serves affluent individuals and institutions. One goal of the seminar is to help students assess the practice of law "from the bottom up," reflecting on how our work--no matter how or where we practice--impacts poor people. We will discuss ways in which the lawyer, in private practice or public interest work, may be called to assist and stand with the poor, including but also going beyond pro bono services.

We will read the equivalent of about three books. Each student will be expected to write several short reflection papers aggregating about 12-15 pages.

Note: THIS COURSE IS OFFERED FOR ONE CREDIT. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit. Students are required to attend all six class meetings and to write several short reflection papers during the course.

NOTE: This course will meet in the Fall 2014 semester from 5:45 p.m. to 8:00 p.m. on 9/10, 9/24, 10/8, 10/22, 11/5, and 11/19.

NOTE: This course does not fulfill the Professional Responsibility requirement.
Attendance at all class meetings is mandatory.

LAW 462 v00 EU Law: Selected Topics in ECJ Jurisprudence

J.D. Course (cross-listed) | 1 credit hour

The course examines the role the European Court of Justice plays in the shaping of European private law as it relates to the functioning of the EU Single Market. It focuses on the way in which the court has interpreted the EU Treaty in order to ensure effectiveness of EU law, and analyzes some of the landmark cases in that area. The course also shows how the court has dealt with the interpretation of directives, particularly in the field of consumer protection, and what impact this case law has on national law making.

Note: WEEK ONE COURSE. This seminar will meet for one week only, on the following days: Monday, January 7, 2019, through Thursday, January 10, 2019, 9:00 a.m. - 12:20 p.m. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 487 v02 EU Tax Law

LL.M Course (cross-listed) | 1 credit hour

Tax harmonization within the European Union is very difficult to achieve. Most legislative measures of the European Union in this area require the consensus of all 28 member states. The only real engine of harmonisation seems to be the European Court of Justice (ECJ). The ECJ itself cannot harmonize the tax systems, however, the Court can force the member states to open their tax systems for tax competition within Europe. The judgments delivered by the ECJ are most of the time very surprising, even to experts.

The course focuses on very recent judgments of the Court of Justice. By analysing some selected judgements, students should learn about the guiding principles of European tax law, as they have been developed by the ECJ on a case to case basis, and about the approach of the Court and the role the Court plays. Students should get an impression about possible future developments of European tax law.

Prerequisite: Students need to have taken a basic income tax course - either about the US tax system or about the tax system of another country. 

Note: WEEK ONE COURSE. This course will meet for one week only on the following days: Monday, January 7, 2019 through Friday, January 11, 2019, 9:00 a.m. - 11:35 a.m.

This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting their academic advisor in the Office of Graduate Programs. Withdrawals are permitted up until the last class for this specific course.

LAW 1391 v00 European Law and Policy in Times of Crisis

J.D. Course | 3 credit hours

The course will introduce students to basic areas of law and policy in the European Union (EU), with an emphasis on the changes that have been brought about through the management of three important crises: the euro crisis, the refugee crisis, and Brexit. During the first half of the course, we will focus on understanding the basic institutional and legal architecture of the EU, including basic substantive areas of law such as economic freedoms and fundamental rights. During the second half of the course we will study the causes and effects of this “perfect storm” of crises within the EU, and critically evaluate the EU’s regulatory response. The question of the EU’s future will be an organizing axis for our discussions throughout the course.

The course will allow students:

  • To develop a solid understanding of the EU’s basic institutions and functioning
  • To develop an understanding of the basic debates surrounding the nature of the EU (Is it a state? Is it a federation? Is it something all together different and new?)
  • To familiarize themselves with a selection of important EU legal texts and cases
  • To compare styles and forms of legal reasoning (US/EU)
  • To develop an understanding of the changes that are currently being brought about through the management of the biggest crises since the EU’s inception
  • To develop an understanding of the interaction between legal and political factors in the management of these crises and therefore an understanding of the “law in action” in the context of the EU

Mutually Excluded Courses: Students may not receive credit for both this course and European Union Law.

Note: This course is a first-year elective. First-year day students select an elective offered in the spring.

LAW 816 v00 European Union Law

J.D. Seminar (cross-listed) | 2 credit hours

This two-credit course aims to give students a comprehensive introduction to European Union law in the context of ongoing economic and political challenges facing the 28-country bloc – notably, the shadow of Brexit. The first half of the term covers the foundations of EU law, laying out key legal and political themes and principles associated with European integration and surveying the succession of treaties that have led to today’s Union. Next the course examines key features of the EU judiciary and perspectives on the EU legal order from the Court of Justice and national constitutional courts, followed by consideration of the EU’s increasingly important fundamental rights framework and a look at EU citizenship. The second half of the course covers in turn the basics of the EU’s internal market arrangements, data protection and associated law enforcement and security issues, and the law governing the external relations of the Union, before concluding with a look at legal issues stemming from Brexit and the prospects for the EU’s future.

Overall this survey offers a compressed look at the constitutional, administrative, human rights, economic, security and foreign relations law of the European Union, making comparisons to U.S. law as appropriate. The emphasis throughout is on institutional aspects and the relationship between different actors within the EU and between the Union and its member states. The required basic text is Robert Schütze, An Introduction to European Law, 2nd edition (Cambridge University Press, 2015).

Students will be assessed by a mid-term exam, a final paper of approximately 8-12 pages, and class participation.

Mutually Excluded Courses: Students may not receive credit for both this seminar and European Law and Policy in Times of Crisis.

LAW 816 v08 European Union Law: Foundations and International Reach

J.D. Seminar (cross-listed) | 2 credit hours

In the shadow of a fast-approaching Brexit, how can the United Kingdom and the European Union redesign a relationship in which EU law had come to permeate nearly every aspect of British life? Why has a new European privacy regulation become a centerpiece of Facebook’s efforts to rebuild trust in its global social network? What authorities, and constraints, bind EU agencies and courts when they confront U.S. multinational technology giants or security and surveillance programs? What legal tools can “Brussels” deploy to respond to challenges from Moscow, rein in countries that stray from the rule of law, and adapt to new worldwide trade and investment trends?

This two-credit survey tackles such questions in the course of providing a comprehensive introduction to the scope and operation of the law of the European Union. The first half begins by focusing on the key legal and political dimensions of European integration and the main features of the succession of treaties that have led to today’s Union. We then examine the EU judiciary and its relationship to national constitutional courts, followed by consideration of the EU’s increasingly important fundamental rights and citizenship framework. In the second half, we turn to the EU’s internal market arrangements, the law governing its economic and other external relations, and data privacy and associated security issues, before concluding with a look at legal quandaries stemming from Brexit and at the prospects for the EU’s future.

The course is led by instructors with long experience counseling the U.S. government and private sector in Washington and in Brussels on how to engage with and understand the EU and its governing institutions. (Views expressed by the instructors are their own, not attributable to their employers.) Ranging across EU constitutional, administrative, human rights, economic, security and foreign relations law, the course includes comparisons to U.S. legal concepts and cases as appropriate. Students also will gain a political appreciation for how EU bodies interact with each other and with member states. A research memorandum on a current EU law topic of the student’s choice is the principal form of assessment.

The course has no prerequisites. International Law or related courses may be useful at the margins. Students who have taken European Law and Policy in Times of Crisis are not eligible to enroll.

Mutually Excluded Courses: Students may not receive credit for both this seminar and European Law and Policy in Times of Crisis.

LAW 165 v01 Evidence

J.D. Course | 4 credit hours

This course studies the rules of evidence and the reasons underlying these rules. Included are the subjects of relevance, examination of witnesses, privileges, expert testimony, admission and exclusion of evidence, writings, the hearsay rule and its exceptions, presumptions and scientific evidence, among other subjects relating to the regulation of proof at trials.

Recommended: Prior or concurrent enrollment in Civil Procedure (or Legal Process and Society) or Criminal Procedure or Criminal Law.

LAW 165 v03 Evidence

J.D. Course | 4 credit hours

This course provides a general survey of the rules of evidence and the reasons underlying these rules. Included are the subjects of relevance, examination of witnesses, privileges, expert testimony, admission and exclusion of evidence, writings, the hearsay rule and its exceptions, and scientific evidence, among other subjects relating to the regulation of proof at trials.

Recommended: Prior or concurrent enrollment in Civil Procedure (or the equivalent Legal Process and Society) or Criminal Procedure or Criminal Law.

LAW 165 v04 Evidence

J.D. Course | 4 credit hours

This course is a study of the Anglo-American rules of proof, focusing on the Federal Rules of Evidence. The scope and function of the rules are examined against the backdrop of problems arising in the trial of issues of fact. Topics include relevance, impeachment, character evidence, hearsay and its exceptions, lay opinion and expert testimony, the best evidence rule and authentication.


In-class final exam.

Recommended: Criminal Justice and/or Criminal Law. Students who have a question about whether their prior course in these topics will provide sufficient background may contact Prof. Rostain at tr238@georgetown.edu.

Note: Laptop use is not permitted.

LAW 165 v05 Evidence

J.D. Course | 3 credit hours

This course involves a study of the rules of evidence as applied in civil and criminal trials in the United States. Our emphasis will be on the Federal Rules of Evidence. We will begin with basic, general principles such as when and how to object so as to preserve issues on appeal; the allocation of functions between judge and jury; and the rule of completeness. Next, we will study concepts of relevance; circumstantiated proof, writings, testimonial evidence; and the rules of witness examination including cross-examination, impeachment, and rehabilitation. We will examine in depth the hearsay rule with its exceptions and exclusions, along with confrontation theory and its effect on hearsay. Finally, we conclude with a discussion of developments involving opinions and expert testimony.

Students will be expected to participate in classroom discussions regarding the wisdom of some specific rules of evidence and of alternative reform proposals.

The examination in this course will be approximately three hours and will be “modified open book.” That means you will have access during the examination to your casebook, rules pamphlet, course handouts, and any material prepared by you such as outlines and notes. You may not bring with you treatises, hornbooks, commercial outlines, or other materials prepared by others

Recommended: Civil Procedure (or the equivalent Legal Process and Society); Criminal Justice (or the equivalent Democracy and Coercion or Criminal Procedure).

LAW 165 v06 Evidence

J.D. Course | 3 credit hours

This course provides a general survey of the rules of evidence and the reasons underlying these rules. Included are the subjects of relevance, examination of witnesses, privileges, expert testimony, admission and exclusion of evidence, writings, the hearsay rule and its exceptions, and scientific evidence, among other subjects relating to the regulation of proof at trials.

Recommended: Prior or concurrent enrollment in Civil Procedure (or the equivalent Legal Process and Society) or Criminal Procedure or Criminal Law.

LAW 165 v07 Evidence

J.D. Course | 3 credit hours

This course is devoted to creating in the students a thorough understanding of the Federal Rules of Evidence. While cases interpreting the rules will be studied, emphasis will be placed on creating in the students such a familiarity with these Rules that the students will be able to invoke them instinctively in the mere seconds a lawyer has to object to evidence. Understanding of each rule will be developed by the students applying each Rule to realistic problems. The professor, who was a judge, will attempt to create a courtroom in the class room and to teach the knowledge that a lawyer must have to try a case competently and in accordance with the Federal Rules of Evidence.

The learning objectives of this course are: (1) to understand the meaning and application of each of the Federal Rules of Evidence; (2) to appreciate how the courts have interpreted these Rules and what questions of their interpretation remain open and debatable; (3) to understand the restraints imposed upon the receipt of evidence by the constitutional rights to present a defense and to confront the witnesses against one self; (4) to have such a comprehensive understanding of the Rules and their application that the student will be able to object or respond to an objection to the receipt of evidence in the limited time permitted by the reality of trying a case to a jury; (5) to be able to try a case in a federal court competently because of one's knowledge of the Federal Rules of Evidence; (6) to appreciate the ethical requirement of being a competent trial lawyer and (7) to develop the knowledge necessary to be a competent lawyer in any proceeding where evidence is received.

Recommended: Civil Procedure (or the equivalent Legal Process and Society) or Criminal Procedure or Criminal Law.

LAW 165 v08 Evidence

J.D. Course | 2 credit hours

In this course we will study the basic rules and principles of American evidence law, focusing primarily on federal law (the Federal Rules of Evidence and cases interpreting them). Topics covered will include: relevance, the hearsay rule and its exceptions, character and propensity evidence, examination and impeachment of witnesses, authentication and best evidence rules, privilege, unfair prejudice, and some of the constitutional questions that arise in connection with evidence.

Recommended: Prior or concurrent enrollment in Civil Procedure (or Legal Process and Society) or Criminal Procedure or Criminal Law.

LAW 165 v09 Evidence

J.D. Course | 3-4 credit hours

This course will examine the rules of evidence with a particular focus on how these rules are practically applied by litigators in the courtroom. The course will focus primarily on the Federal Rules of Evidence, with additional consideration given to recent developments in constitutional law. Topics covered in this course will include relevance, hearsay (and its many exceptions), expert evidence, lay and expert opinion, character evidence, and impeachment of witness. We will consider these rules pragmatically with an eye toward crafting the most effective arguments for an audience of judges.

Learning Objectives:

  1. Students will analyze case law, including a close reading of cases and apply that law to fact
  2. Students will assess advocacy strategies by comparing the usefulness of different arguments in the courtroom
  3. Students will practice making and responding to objections with the goal of being able to quickly make such arguments in the courtroom
  4. Students will understand the policy arguments underlying the Rules of Evidence with the goal of being able to more fully understand their purpose.

Recommended: Civil Procedure (or the equivalent Legal Process and Society) or Criminal Procedure or Criminal Law.

LAW 165 v10 Evidence

J.D. Course | 4 credit hours

This course studies the Federal Rules of Evidence and the application of those rules in litigation. Included are the subjects of relevance, the hearsay rule and its exceptions, examination of witnesses, privileges, expert testimony, presumptions and scientific evidence, among other subjects relating to the regulation of proof at trials.

Learning Objectives

Provide students with a working knowledge of how the rules of evidence are applied in court so that they can use that knowledge to be better trial attorneys and to better prepare for the bar exam.

Recommended: Prior or concurrent enrollment in Civil Procedure (or Legal Process and Society) or Criminal Procedure or Criminal Law.

LAW 1487 v00 Executive Branch Legal Interpretation: The Separation of Powers and the Office of Legal Counsel

J.D. Seminar (cross-listed) | 2 credit hours

This two-credit seminar will explore selected topics in the separation of powers. It will focus on the way in which the Executive Branch, and in particular the Justice Department’s Office of Legal Counsel, has analyzed and interpreted some of the key separation of powers questions that arise in the daily interaction between the Executive Branch and Congress—questions that have in many instances been the subject of only limited judicial interpretation. Topics to be addressed include the Recommendations and Appointments Clauses, the President’s authority to use military force without prior congressional authorization, the President’s authority to conduct diplomacy and foreign affairs, the scope and nature of the President’s obligation to Take Care that the laws are faithfully executed, the concept of prosecutorial discretion, lapses in appropriations, and Congress’s authority to compel testimony from Executive Branch officials.
 

The seminar will begin with an overview of the concept of the separation of powers, the sources of OLC’s authority, and the nature of OLC’s role in the Executive Branch. It will then examine a series of specific separation of powers topics, focusing on OLC opinions and academic writings addressing these subjects. The seminar may also consider separation of powers issues, such as those that would be raised by a congressional failure to raise the debt ceiling, on which there are no published OLC opinions, asking students to assume the role of OLC lawyers and develop advice on what possible courses of might and might not be lawfully available to the President. The seminar will end by considering some of the debates about the appropriateness of OLC’s role, OLC’s effectiveness as a legal interpreter, and proposals for reforming the Office.
 

The seminar has two main objectives. First, through study of selected OLC opinions and other writings, students will gain substantive familiarity with some of the main separation of powers issues that arise in practice within the Executive and Legislative branches, and with OLC’s jurisprudence on these subjects. Second, through this study, students will develop a concrete sense of how OLC functions as a legal interpreter, and will thus have a basis on which to begin to develop an informed view of OLC’s strengths and weaknesses in this role.
 

Learning Goals:

Students will develop familiarity with, and fluency at reading and analyzing, OLC opinions.
 

Students will develop a substantive understanding of some of the most important separation of powers-related issues that arise in practice between the Executive and Legislative branches, and a substantive understanding of OLC’s jurisprudence on these subjects.
 

Students will gain familiarity with areas of law, such as the appropriations process, that are critical to the operation of the federal government, but are not part of the standard core law school curriculum.
 

Students will develop an informed, concrete sense of how OLC functions as a legal interpreter, and will thus be equipped to develop informed views about the characteristics, and the strengths and weaknesses, of OLC as a source of Executive Branch legal interpretation.

Prerequisite: Constitutional Law I: The Federal System (or Democracy and Coercion).

Mutually Excluded Courses: Students may not receive credit for both this seminar and Separation of Powers Seminar.

LAW 1491 v00 Externship I Seminar (J.D. Externship Program)

J.D. Seminar | 3-4 credit hours

This seminar is designed for students participating in Georgetown Law's J.D. Externship Program in Summer 2018.

In the J.D. Externship Program, students work under the supervision of a field supervisor attorney to gain substantial lawyering experience that is reasonably similar to the experience of a lawyer advising or representing a client or engaging in other lawyering tasks outside of the law school. Working in collaboration with their supervising attorneys, students establish individualized learning goals for their experience and receive ongoing feedback in a real world practice setting. At the Law Center, students participate in a companion seminar to reinforce their field placement experiences. Through the seminar, students consider essential topics involving professionalism, ethics, professional identity, legal problem-solving, work-life balance, and the role of a lawyer. Through regular classroom engagement, students enhance their learning at the field placement and develop critical reflective practices that they will use throughout their careers.

Please refer to the J.D. Externship website for detailed program information.

Identifying a Placement

Students are responsible for finding their own judicial, governmental, or 501(c)(3) nonprofit field placements. Advisors from the Office of Public Interest and Community Service (OPICS) and the J.D. Externship Office are available, by appointment, to discuss potential externship opportunities. You can also review the Student Extern Manual for additional advice on finding an externship placement.

Fieldwork Requirements

J.D. externships are only permitted in government, judicial, and 501(c)(3) non-profit entities. Students are responsible for finding their own placements.

Students must be supervised by a licensed attorney or an individual otherwise qualified to supervise a legal extern at the field placement. Georgetown Law defines “an individual otherwise qualified to supervise” as someone qualified to assign, review, and give substantive feedback on a student’s legal or policy work. All fieldwork must be performed at the externship placement site, i.e., students are not permitted to work remotely in the J.D. Externship Program.

Students may not be compensated for their fieldwork at externship placement, nor may students work on pro bono matters at a for-profit entity. During the summer session, students are permitted to extern at judicial, government, or 501(c)(3) nonprofit entities anywhere in the United States.

Fieldwork Credit Options

Students receive either 2 or 3 fieldwork credits for 110 or 165 hours worked, respectively, over 6 weeks, i.e., 18.5 or 27.5 hours/week for at least 6 weeks, during the summer session.

Note: Students can begin working toward their hours requirement (110 or 165 hours total) from the first day of the Summer Session. Students must complete their hours requirement by the last day of classes.

Note: Students must be fully eligible to start work at their field placement (i.e., security clearances and/or background checks complete) by the last day of summer registration or they will be dropped from the Summer 2018 J.D. Externship Program and companion seminar.

Seminar Requirements

In addition to their field work, students participate in a one credit, graded seminar that meets weekly (six times total) during the summer session. Attendance is mandatory at all six class sessions. All enrolled students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must timely attend each class session in its entirety.

To receive academic credit, students must, at a minimum: (i) fulfill their applicable fieldwork hours requirement by the last day of classes; (ii) attend, participate in, and timely complete all assignments for the six externship seminar classes; (iii) receive a satisfactory Field Supervisor End-of-Semester Evaluation; and (iv) complete and submit all administrative assignments in a timely manner, including but not limited to:

Additional, detailed course mechanics and requirements will be outlined in the seminar syllabus.

Grading

The fieldwork components of externships are mandatory pass/fail offerings and do not count towards the seven-credit limit on pass/fail courses. The one-credit seminar is graded.

Application Process

To participate in the Summer 2018 J.D. Externship Program, students must submit the externship application, after they have secured a qualifying placement. In the application, students will provide their companion seminar preferences. Students are not guaranteed their top seminar choice. Students will be enrolled in the externship program on a first-come, first-served basis.

The guaranteed, summer externship application will open on Monday, April 9, 2018 and will close on Friday, April 27. Any eligible J.D. students who apply during this period with a qualifying externship placement will receive a seat in the summer externship program, although we cannot guarantee that the proffered seat will be in the student’s top seminar choice. Beginning Monday, April 9, the summer application link will be available on the J.D. Externship website.

To the extent that there are still available seats in the summer externship program after April 27, the waitlist, summer application will open on Monday, April 30. 

Canvas

The J.D. Externship Program uses Canvas to administer this course, so comfort with that platform is essential. All course materials will be posted to your seminar's Canvas page. You will upload all assignments through Canvas, using the "Assignments" drop box for your seminar. If you encounter difficulty navigating Canvas and/or need a refresher on using the site, please contact IST at lawhelp@georgetown.edu.

Prerequisite: Students must have completed one year of study as a full-time or part-time student BEFORE their externship begins to participate in the J.D. Externship Program.

Note: One Externship I seminar section is taught, via Zoom, using a distance learning model, so J.D. students enrolled in that section must have completed a minimum of 28 credit hours by the beginning of summer session. One Externship I seminar is a traditional, in-class seminar for those students who have completed one year of part-time study but have not yet earned 28 credits. Students who have completed 28 credits or more can participate in the traditional, in-class seminar section, but preference for seats in that section will be given to externship students who have not yet earned 28 credits

Mutually Excluded Courses: Students may not concurrently enroll in this course and a clinic, fieldwork practicum, or other externship course.

This course is mutually exclusive with the Government Lawyering (Fieldwork Practicum) and all prior D.C. Advantage practicum courses.

LAW 1491 v01 Externship I Seminar (J.D. Externship Program)

J.D. Seminar | 4 credit hours

In the J.D. Externship Program, students work under the supervision of a field supervisor attorney to gain substantial lawyering experience that is reasonably similar to the experience of a lawyer advising or representing a client or engaging in other lawyering tasks outside of the law school. Working in collaboration with their supervising attorneys, students establish individualized learning goals for their experience and receive ongoing feedback in a real world practice setting. At the Law Center, students participate in a companion seminar to reinforce their field placement experiences. Through the seminar, students consider essential topics involving professionalism, ethics, professional identity, legal problem-solving, work-life balance, and the role of a lawyer. Through regular classroom engagement, students enhance their learning at the field placement and develop critical reflective practices that they will use throughout their careers.

Fieldwork

Students work for 10 or 15 hours per week for at least 11 weeks (110 or 165 hours total) in a judicial, governmental, or nonprofit field placement. Students must be closely supervised by a licensed attorney (or someone otherwise qualified to supervise). Students are responsible for finding their own placements. Students may not be compensated for the work at their placement, nor may students work on pro bono matters at a for-profit entity. Students earn 2 pass/fail credits for 10 hours of fieldwork/week or 3 pass/fail credits for 15 hours of fieldwork/week.

Note: Students can begin working toward their hours requirement (110 or 165 hours total) from the first day of regular, semester-long classes. Students must complete their hours requirement by the last day of classes.

Note: Students must be fully eligible to start work at their field placement (i.e., security clearances and/or background checks complete) by the day before Add/Drop ends or they will be dropped from the J.D. Externship Program and companion seminar.

Seminar

In the externship seminar, students develop the tools necessary to fully participate in and learn from their contemporaneous field placement experiences. Additionally, students will become more adept at reflecting on and evaluating their practical experiences to ensure the lessons learned during the externship can assist with the development of future professional goals. Students will participate in a biweekly, interactive seminar, incorporating multiple opportunities for student performance of various professional lawyering skills and development of professional competencies that are universal to numerous legal settings. Portions of the seminar will be taught using a flipped classroom model. Attendance is mandatory at all class sessions. Students receive 1-credit for the seminar, which is graded on a letter grade basis.

Prerequisite

Students must have completed one year of study as a full-time or part-time student BEFORE their externship begins.

Registration

To register for the Externship Program, students must first complete the externship application. The Fall 2018 Externship Application will open after pre-registration results are released. Upon application approval, students must then enroll and/or waitlist themselves, via MyAccess, for an externship seminar. 

For additional information on the externship enrollment process and deadlines, please see the 2018-19 Student Extern Manual. 

For Fall 2018, the guaranteed application deadline is Tuesday, July 31, 2018. For Spring 2019, the guaranteed application deadline is Wednesday, January 2, 2019. 

Note: This seminar is only open to J.D. students participating in the J.D. Externship Seminar for the first time. If you’ve previously received academic credit for an externship through the J.D. Externship Program, you must enroll in the Externship II Seminar.

Note: Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. A student wishing to withdraw from the course will be withdrawn from both the seminar and fieldwork components.

Registration for the J.D. Externship Program will remain open until there are no seats left in the program or through the last day of Add/Drop (for each semester), whichever occurs first.

Please refer to the J.D. Externship website for more detailed program information.

Identifying a Placement

Students are responsible for securing their own judicial, governmental, or nonprofit field placement. The Office of Public Interest and Community Service (OPICS) is available, by appointment, to discuss potential externship opportunities. In addition, the J.D. Externship program has resources to help you identify an externship placement.

Note: Additional, detailed course mechanics and requirements will be outlined in the seminar syllabus.

Grading

The fieldwork components of externships are mandatory pass/fail offerings and do not count towards the seven-credit limit on pass/fail courses. The one-credit seminar is graded.

Mutually Excluded Courses: Students may not concurrently enroll in this course and a clinic, fieldwork practicum, or other externship course.

This course is mutually exclusive with the Government Lawyering (Fieldwork Practicum) and all prior D.C. Advantage practicum courses.

LAW 1492 v00 Externship II Seminar (J.D. Externship Program)

J.D. Seminar | 4 credit hours

This seminar is designed for students participating in Georgetown Law's J.D. Externship Program in Summer 2018.

In the J.D. Externship Program, students work under the supervision of a field supervisor attorney to gain substantial lawyering experience that is reasonably similar to the experience of a lawyer advising or representing a client or engaging in other lawyering tasks outside of the law school. Working in collaboration with their supervising attorneys, students establish individualized learning goals for their experience and receive ongoing feedback in a real world practice setting. At the Law Center, students participate in a companion seminar to reinforce their field placement experiences. Through the seminar, students consider essential topics involving professionalism, ethics, professional identity, legal problem-solving, work-life balance, and the role of a lawyer. Through regular classroom engagement, students enhance their learning at the field placement and develop critical reflective practices that they will use throughout their careers.

Please refer to the J.D. Externship webpage for detailed program information. 

Identifying a Placement

Students are responsible for finding their own judicial, governmental, or 501(c)(3) nonprofit field placements. Advisors from the Office of Public Interest and Community Service (OPICS) and the J.D. Externship Office are available, by appointment, to discuss potential externship opportunities. You can also review the Student Extern Manual for additional advice on finding an externship placement.

Fieldwork Requirements

J.D. externships are only permitted in government, judicial, and 501(c)(3) non-profit entities. Students are responsible for finding their own placements.

Students must be supervised by a licensed attorney or an individual otherwise qualified to supervise a legal extern at the field placement. Georgetown Law defines “an individual otherwise qualified to supervise” as someone qualified to assign, review, and give substantive feedback on a student’s legal or policy work. All fieldwork must be performed at the externship placement site, i.e., students are not permitted to work remotely in the J.D. Externship Program.

Students may not be compensated for their fieldwork at the externship placement, nor may students work on pro bono matters at a for-profit entity. During the summer session, students are permitted to extern at judicial, government, or 501(c)(3) nonprofit entities anywhere in the United States.

Fieldwork Credit Options

Students receive either 2 or 3 fieldwork credits for 110 or 165 hours worked, respectively, over 6 weeks, i.e., 18.5 or 27.5 hours/week for at least 6 weeks, during the summer session.

Note: Students can begin working toward their hours requirement (110 or 165 hours total) from the first day of the Summer Session. Students must complete their hours requirement by the last day of classes.

Note: Students must be fully eligible to start work at their field placement (i.e., security clearances and/or background checks complete) by the last day of summer registration or they will be dropped from the Summer 2018 J.D. Externship Program and companion seminar.

Seminar Requirements

In addition to their field work, students participate in a one credit, graded seminar that meets weekly (six times total) during the summer session. Attendance is mandatory at all six class sessions. All enrolled students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must timely attend each class session in its entirety.

To receive academic credit, students must, at a minimum: (i) fulfill their applicable fieldwork hours requirement by the last day of classes; (ii) attend, participate in, and timely complete all assignments for the six externship seminar classes; (iii) receive a satisfactory Field Supervisor End-of-Semester Evaluation; and (iv) complete and submit all administrative assignments in a timely manner, including but not limited to:

Additional, detailed course mechanics and requirements will be outlined in the seminar syllabus.

Grading

The fieldwork components of externships are mandatory pass/fail offerings and do not count towards the seven-credit limit on pass/fail courses. The one-credit seminar is graded.

Application Process

To participate in the Summer 2018 J.D. Externship Program, students must submit the externship application, after they have secured a qualifying placement. In the application, students will provide their companion seminar preferences. Students are not guaranteed their top seminar choice. Students will be enrolled in the externship program on a first-come, first-served basis.

The guaranteed, summer externship application will open on Monday, April 9 and will close on Friday, April 27. Any eligible J.D. students who apply during this period with a qualifying externship placement will receive a seat in the summer externship program, although we cannot guarantee that the proffered seat will be in the student’s top seminar choice. Beginning Monday, April 9, the summer application link will be available on the J.D. Externship website.

To the extent that there are still available seats in the summer externship program after April 27, the waitlist application will open on Monday, April 30. 

Canvas

The J.D. Externship Program uses Canvas to administer this course, so comfort with that platform is essential. All course materials will be posted to your seminar's Canvas page. You will upload all assignments through Canvas, using the "Assignments" drop box for your seminar. If you encounter difficulty navigating Canvas and/or need a refresher on using the site, please contact IST at lawhelp@georgetown.edu

Prerequisite: Students must have completed one year of study as a full-time or part-time student BEFORE their externship begins to participate in the J.D. Externship Program.

Students must obtain permission from the Associate Dean of Academic Affairs and the Assistant Dean for Experiential Education to participate in a second externship for academic credit. Students request permission through the externship application.

Students must have taken a prior externship seminar i.e., Externship I, Diverse Placements, or one of the subject matter externship seminars (Civil Rights, Environmental, Financial, Judicial, Policy and Legislative, or Prosecution) before enrolling in this course.

Strongly Recommended: Note: This seminar is only open to J.D. students participating in the J.D. Externship Program for the second time. If you are participating in the J.D. Externship Program for the first time, you must enroll in the Externship I Seminar.

Note: The Externship II Seminar will be taught, via Zoom, using a distance learning model, so J.D. students enrolled in those sections must have completed a minimum of 28 credit hours by the beginning of summer session. 

Mutually Excluded Courses: Students may not concurrently enroll in this course and a clinic, fieldwork practicum, or other externship course.

This course is mutually exclusive with the Government Lawyering (Fieldwork Practicum) and all prior D.C. Advantage practicum courses.

Note: Experiential Course Requirement

This course counts toward the 6 credits of experiential coursework required of J.D. students matriculating as first-year students in Fall 2016 or later.

LAW 1492 v01 Externship II Seminar (J.D. Externship Program)

J.D. Seminar | 4 credit hours

Students must obtain permission from the Associate Dean of Experiential Education and the Director of the Externship Program to participate in a second externship for academic credit. Students request permission through the externship application.

Students must have taken a prior externship seminar i.e., Externship I, Diverse Placements, or one of the subject matter externship seminars (Civil Rights, Environmental, Financial, Judicial, Policy and Legislative, or Prosecution) before enrolling in this course.

Registration

To register for the Externship Program, students must first complete the externship application. The Fall 2018 Externship Application will open after pre-registration results are released. Upon application approval, students must then enroll and/or waitlist themselves, via MyAccess, for an externship seminar. 

For additional information on the externship enrollment process and deadlines, please see the 2018-19 Student Extern Manual. 

For Fall 2018, the guaranteed application deadline is Tuesday, July 31, 2018. For Spring 2019, the guaranteed application deadline is Wednesday, January 2, 2019. 

Note: This seminar is only open to J.D. students participating in the J.D. Externship Program for the second time. If you are participating in the J.D. Externship Program for the first time, you must enroll in the Externship I Seminar.

Note: Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. A student wishing to withdraw from the course will be withdrawn from both the seminar and fieldwork components.

Registration for the J.D. Externship Program will remain open until there are no seats left in the program or through the last day of Add/Drop, whichever occurs first.

Please refer to the J.D. Externship website for more detailed program information.

Identifying a Placement

Students are responsible for securing their own judicial, governmental, or nonprofit field placement. The Office of Public Interest and Community Service (OPICS) is available, by appointment, to discuss potential externship opportunities. In addition, the J.D. Externship program has resources to help you identify an externship placement.

Note: Additional, detailed course mechanics and requirements will be outlined in the seminar syllabus.

Grading

The fieldwork components of externships are mandatory pass/fail offerings and do not count towards the seven-credit limit on pass/fail courses. The one-credit seminar is graded.

Mutually Excluded Courses: Students may not concurrently enroll in this course and a clinic, fieldwork practicum, or other externship course.

This course is mutually exclusive with the Government Lawyering (Fieldwork Practicum) and all prior D.C. Advantage practicum courses.

LAW 611 v01 Extradition Simulation: International Law, Human Rights, and Effective Advocacy

J.D. Course | 1 credit hour

This Week One simulation features an attempt by the United States to secure the extradition of two suspected terrorists who have been indicted in federal court for participating in terrorist acts on U.S. soil. In the initial indictments, the United States seeks the death penalty, a punishment which is likely to make it difficult for the countries in which the defendants now reside – France and Russia – to extradite under the international human rights treaty to which their nations are parties. Even life without parole may create extradition difficulties. Students will be assigned the role of counsel for one of the defendants or one of the governments and will be asked to evaluate whether the European Convention on Human Rights bars extradition in the circumstances of the cases. Throughout the four-day simulation, students work independently in small teams (with guidance from their teaching fellow) to interview the defendants, develop their arguments, and hone their oral advocacy skills in preparation for a mock oral argument before the European Court of Human Rights (played by practicing lawyers from Georgetown Law's alumni network). Through this rich fact pattern, students will not only learn to read and interpret international and foreign law texts and gain an understanding of the international human rights landscape, but they will have the opportunity to engage in essential lawyering skills, including fact development and analysis, interviewing, problem solving, and oral advocacy skills.

Note: FIRST-YEAR WEEK ONE COURSE: This course will meet on the following days: Monday, January 8, 2018, through Thursday, January 11, 2018.

This course is mandatory pass/fail, and does NOT count against the 7-credit pass/fail limit for J.D. students.

This optional, elective course is for first-year J.D. students only, who are enrolled through a lottery process.

ATTENDANCE AT ALL CLASS SESSIONS IS MANDATORY. All enrolled students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety. For more information see Week One webpage.

Due to the intensive nature of the course, the small-group, team, and individual work that is involved, and the preparation that is necessary to ensure a positive student experience, students who wish to drop the course after they have accepted a seat must drop by Friday, December 1, at 3:00 p.m. After that point, permission to drop from the course professor and Assistant Dean for Experiential Learning is required. Students who are enrolled but do not attend the first class session will be withdrawn from the course.

LAW 173 v01 Family Law I: Marriage and Divorce

J.D. Course | 3 credit hours

This course examines the domestic relationships of adults, married and unmarried. Topics covered include marriage and other intimate relationships, divorce, custody disputes, alimony, child support, and division of property.

Prerequisite: Civil Procedure (or Legal Process and Society).

Recommended: Prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties.

LAW 173 v03 Family Law I: Marriage and Divorce

J.D. Course | 3 credit hours

This course examines the legal regulation of the domestic relationships of adults, married and unmarried. Topics covered include marriage and other intimate relationships, divorce, custody disputes, alimony, child support, and division of property. We will aslo spend sometime thinking about Assisted Reproductive Technologies and the changes they might bring to traditional Family Law. Please note that there is a midterm examination for this course, which consists in a divorce negotiation exercise. The midterm counts for 50% of your final grade. For the purposes of the exercise you will be required to meet once outside of the classroom with your partner in preparation for the negotiation and once more with your partner and opposing counsels in preparation of the final settlement agreement.

Note: There is a graded midterm exercise in this course.

LAW 173 v04 Family Law I: Marriage and Divorce

J.D. Course | 3 credit hours

This course examines the domestic relationships of adults, married and unmarried. Topics covered include marriage and other intimate relationships, divorce, determining parentage in marital and nonmarital families, and determining custody, visitation, alimony, child support, and property division.


The course will have a shortened in-class exam. The other major grading component of the course will derive from writing memos in conjunction with an exercise negotiating a separation agreement. Professor Polikoff will explain, in more detail in her syllabus and in her first class meeting, the plan for the negotiation exercise and the associated written memos.

Recommended: Prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties.

LAW 174 v00 Family Law II: Child, Parent, and the State

J.D. Course | 3 credit hours

This course examines who makes decisions. It considers the the distribution of power and responsibility among child, parent, and the state through the study of selected topics, including procreation, education, medical decision making, child abuse and neglect, emancipation, and adoption. Family Law I is not a prerequisite.

Recommended: Prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties.

LAW 174 v01 Family Law II: Child, Parent, and the State

J.D. Course | 3 credit hours

This course examines decision-making within diverse family structures. It considers the relational distribution of power and responsibility among child, parent, and the state. It will consider these broader questions through the study of selected topics including procreative decision-making, informed consent within the family unit, child abuse and neglect, reproductive technologies, and adoption. These topics address some of the most current, multi-faceted, and dynamic areas of modern family law to study. These areas are changing rapidly and profoundly in law, society, and politics. This course intersects with many other areas of law in complex ways, such as Torts, Contracts, Constitutional Law, and Professional Responsibility and provides great depth and breadth in job opportunities and law reform initiatives.

By the completion of this course, you should be able to:

· Analyze legal issues governing decision-making within family structures;

· Contextualize family decision-making using multi-faceted lenses grounded in social, economic, and policy considerations and recognizing the implications of legal frameworks across cultures, communities, and diverse family structures;

· Construct persuasive client narratives to achieve specific client goals;

· Advise clients regarding their rights and responsibilities as parents;

· Read and interpret statutory provisions regulating the family unit and analyze their constitutionality, their policy implications, and their effect on prospective clients.

Recommended: Prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties.

LAW 1318 v00 Family Law Seminar: Children of LGBT Parents

J.D. Seminar | 3 credit hours

This seminar examines some of the most cutting-edge legal issues in family law. Specifically, the course covers the following: how to define a parent and what constitutional rights parents have; custody and visitation issues arising for children born within heterosexual marriages when a parent later comes out as lesbian, gay, bisexual or transgender; family formation through adoption, foster parenting, sperm and egg donor insemination, and traditional and gestational surrogacy; whether/when the marital presumption of parentage applies to same-sex spouses; arguments about the well-being of children that have come up in litigation, legislative efforts, and ballot initiatives about same-sex marriage and parenting; interstate and federal recognition of parentage; custody and child support disputes when same-sex couples split up; and demographic and social science research on children with gay or lesbian parents, with attention to issues of race, class, and gender.

Recommended: Family Law I: Marriage and Divorce.

Note: Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The 2 credit section has a take-home exam.

LAW 1345 v00 Farm Law and Policy Seminar

J.D. Seminar (cross-listed) | 2 credit hours

Rules governing agriculture have a dramatic impact on the cost, availability, nutritional quality, and safety of food, the fate of farmers and farm workers, and the environmental impacts of crop and livestock production. This course will cover the policies, rules, and laws that govern agriculture, including laws and regulations related to farm subsidies, farm stewardship, biotech regulation, food safety, food labeling, food assistance, farm labor, animal welfare, agricultural trade, and antitrust issues related to crop and livestock production.

The Farm Law and Policy Seminar complements other courses offered by the Law Center, including courses on Food Law and Environmental Law.

Recommended: A course in food law or environmental law.

LAW 193 v03 Federal Banking Regulation: Modern Financial Institutions and Change

J.D. Course (cross-listed) | 4 credit hours

Banking Regulation today is at the cutting edge of federal power and regulatory experimentation. The financial collapse of 2008 was a near-death experience for federal banking regulators. We approach the subject with an intense focus on the dynamics of three critical pieces of the recent financial crisis: first, the development and growth of private markets for financial products; second, experimental regulatory strategies for controlling private risk taking and its effects on the integrated global financial system; third, the reemergence of areas of unique forms of hybrid power that combines private markets and government regulation.


This course examines the regulation of financial intermediaries. The stated goal of regulation is to ensure systemic stability and to pursue consumer protection. We will ask how well the balance between systemic stability and consumer protection had been maintained before the crisis of 2008. The course is devoted to federal regulation of banks, bank holding companies, financial holding companies and their affiliates. Topics include restrictions on activities of banks, holding companies and their affiliates, the history of and policy rationales for geographic restrictions on banking; special antitrust regulation of banks, debates about the role of capital adequacy requirements, community reinvestment requirements, bank supervision, and failed banks. With the market and legal changes of the past decade, the traditional market barriers between commercial banks and other financial institutions were largely dismantled. We will ask, did the federal response to the crisis produce a new paradigm for financial regulation? If it did not, why not?


The global financial crisis of 2008 provides a fertile laboratory for examining the fractured financial regulatory system, and the proposals for reform. The course will examine selected topics from the legislative agenda for reforming the financial regulatory system. These topics include among others, the role of subprime home mortgage lending and mortgage-backed securities in creating systemic risk, the consumer regulatory responsibilities of the Federal Reserve. We will identify some questions arising from the role of private credit rating agencies and securitizations in precipitation the financial collapse. and the competing claims of fairness, executive compensation and systemic risk, global financial responses.


The course begins with the basic overview of concepts applicable to financial intermediaries and ends with an assessment of the framework for future reform. We will pay special attention to the role of predatory consumer lending in sparking the collapse of banks. We will look at the fate of proposals to create a Consumer Financial Protection Agency, with independent rule making authority.

Mutually Excluded Courses: Students may not receive credit for both this course and Federal Regulation of Financial Institutions or Banking and Financial Institutions Regulation.

Note: All students are expected to attend class regularly.

LAW 193 v05 Federal Banking Regulation: Modern Financial Institutions and Change

J.D. Course (cross-listed) | 4 credit hours

Regulation of financial institutions today is at the cutting edge of federal power and regulatory experimentation. The financial collapse of 2008 was a near-death experience for federal banking regulators. We approach the subject with an intense focus on the dynamics of three critical pieces of the recent financial crisis: first, the development and growth of private markets for financial products; second, experimental regulatory strategies for controlling private risk taking and its effects on the integrated global financial system; third, the reemergence of areas of unique forms of hybrid power that combines private markets and government regulation.

This course examines the regulation of financial intermediaries. The stated goals of regulation is to ensure systemic stability and to pursue consumer protection. We will ask how well the balance between systemic stability and consumer protection had been maintained before the crisis of 2008, and whether post-crisis reform has done a better job. The course is devoted to federal regulation of banks, bank holding companies, financial holding companies and their affiliates. Topics include restrictions on activities of banks, holding companies and their affiliates, the history of and policy rationales for geographic restrictions on banking; special antitrust regulation of banks, debates about the role of capital adequacy requirements, community reinvestment requirements, bank supervision, and failed banks. With the market and legal changes of the past decade, the traditional market barriers between commercial banks and other financial institutions were largely dismantled. We will ask, did the federal response to the crisis produce a new paradigm for financial regulation in the United States, Europe, and the rest of the world? Where it did not, why not?

Mutually Excluded Courses: Students may not receive credit for both this course and Federal Regulation of Financial Institutions or Banking and Financial Institutions Regulation.

Note: All students are expected to attend class regularly.

LAW 178 v02 Federal Courts and the Federal System

J.D. Course (cross-listed) | 3 credit hours

This course addresses the role of the federal courts in our system of government, focusing on relevant constitutional and statutory provisions and jurisdictional doctrines and concepts. Representative topics include justiciability, congressional power to regulate the jurisdiction of the Supreme Court and lower federal courts, Supreme Court review of state court judgments, sovereign immunity, abstention, and habeas corpus.

Recommended: Constitutional Law II: Individual Rights and Liberties.

LAW 421 v00 Federal Income Taxation

J.D. Course | 4 credit hours

This is an introductory course in federal income taxation which considers the principles and policies of the Internal Revenue Code regarding the taxation of individuals and businesses. Major topics include the definition of income, deductions and exclusions, assignment of income, accounting, and issues of timing. Emphasis is placed on the use of the Internal Revenue Code and administrative and judicial material.

Mutually Excluded Courses: Students may not receive credit for this course and the graduate course, U.S. Income Tax: Policies and Practices.

LAW 421 v01 Federal Income Taxation

J.D. Course | 4 credit hours

This is an introductory course in federal income taxation which considers the principles and policies of the Internal Revenue Code focusing on the taxation of individuals. Major topics include the definition of income, deductions and exclusions, credits, recognition and related issues. Emphasis is placed on the use of the Internal Revenue Code and administrative as well as judicial material.

Mutually Excluded Courses: Students may not receive credit for this course and the graduate course, U.S. Income Tax: Policies and Practices.

LAW 213 v00 Federal Indian Law Seminar

J.D. Seminar | 2 credit hours

This seminar examines the body of law dealing with the status of the Indian tribes, their special relationship to the federal government, and the governmental policies underlying it. It will also focus on the legal interrelationships among tribal, state, and federal governments, tribal gaming and economic development, and tribal rights to natural resources.

LAW 1005 v01 Federal Investigations and Prosecutions

J.D. Seminar (cross-listed) | 2 credit hours

This seminar will explore the legal and practical considerations involved in the federal criminal process from initial investigation through sentencing as viewed from the perspectives of law enforcement agents, the U.S. Attorney, and defense counsel. It will provide an overview of federal criminal law and procedure concerning the techniques of investigation with search warrants and electronic surveillance, the charging decision, detention and bail issues, the grand jury process, plea negotiation, pretrial discovery, trial strategy, and sentencing factors. The seminar also explores related issues such as conflict situations faced by defense attorneys, problems of prosecutorial misconduct such as selective and vindictive prosecutions, jury selection, burden of proof, admission of physical evidence, cross-examination, and closing argument. These subjects will be explored through the hypothetical case file of United States v. Long regarding a drug enforcement prosecution. Law enforcement agents, federal prosecutors, and defense attorneys will be guest lecturers. Students will be required to observe the proceedings of a criminal trial in federal court. A final paper consisting of 20-25 pages is required.

This two-credit seminar course is designed for the student who is considering a federal judicial clerkship, an internship or employment with a federal or state prosecutor, employment with a federal or state law enforcement agency, or a criminal defense practice. The seminar will be limited to 18 students.

Recommended: Prior or concurrent enrollment in Evidence.

Mutually Excluded Courses: Students may not receive credit for both this class and Advanced Criminal Procedure; Advanced Criminal Procedure and Litigation; Role of the Federal Prosecutor; Anatomy of a Federal Trial: The Prosecution and Defense Perspective; or Federal White Collar Crime.

LAW 530 v00 Federal Legislation Clinic

J.D. Clinic | 10 credit hours

Please see the Federal Legislation Clinic website for more detailed information about the program.

For registration-specific supplemental materials, please see the Federal Legislation Clinic PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course.

LAW 722 v02 Federal Limitations on State and Local Taxation

LL.M Seminar (cross-listed) | 2-3 credit hours

As an instrument of federalism, the U.S. Constitution plays a vital role in defining state and local governments’ taxing powers. In some instances this is accomplished by express Constitutional provisions; in others, by express or implied grants of authority to the legislative, executive or judicial branches of government. This advanced state and local tax course will explore and analyze Constitutional provisions that limit (and sometimes expand) state and local taxing powers. It will include a historical review of Supreme Court jurisprudence that underscores the inherent complexities and tensions precipitated by the intersection of federalism and the underlying goals embodied within the Commerce Clause, Equal Protection Clause, Import-Export Clause, Privileges and Immunities Clause, and Supremacy Clause, among others. The course also will explore how issues of federalism have shaped various Federal statutory enactments, as well as pending pieces of federal legislation. For example, it will analyze how federalist tensions and statutory dynamics were balanced in a recently proposed congressional bill concerning state and local tax incentives. Additionally, the course will explore the impact of Treaties and international trade laws, as well as their related enforcement mechanisms, which continue to spawn new issues implicating the States’ powers to tax.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Note: Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.

LAW 1166 v00 Federal Litigation Practice: Litigating Challenges to Federal Agency Decisions

J.D. Seminar | 3 credit hours

The majority of civil cases involving the federal government arise from challenges to agency decisions ranging from contractor selection by government procurement officials to project approvals by both civilian and military agencies under various regulatory schemes implementing the nation’s health, finance, and environmental laws. This one-semester, three credit course will provide students with the opportunity to learn in a variety of factual contexts how to litigate federal cases challenging agency decision making on the administrative records prepared by agencies to support their decisions. Each class will focus on a particular stage in the litigation process. Students will be given reading and related litigation exercises that will be carried out in class. The class will culminate in arguing a motion for summary judgment on the administrative record before a federal judge in an actual courtroom setting.

This class is designed for students who are interested in gaining practical experience in litigating for or against the federal government. It will be of special help to students who are seeking internships or careers working for the Department of Justice, agencies, or private firms that focus on litigating over government regulatory decisions. This class is open to upper-level students who have taken Civil Procedure. Completing a class involving administrative law is helpful but not required.

Learning Objectives:

Develop and enhance analytical, writing, and oral argument skills associated with litigating on behalf of or against federal agencies.

Prerequisite: Civil Procedure (or Legal Process and Society).

Recommended: Administrative Law.

LAW 635 v00 Federal Money: Policymaking and Budget Rules

J.D. Course (cross-listed) | 3 credit hours

Ostensibly neutral budget rules have come to dominate Federal policymaking; indeed, the budget procedure is arguably more crucial to a proposal’s success in the Congress or the Administration than a majority of the votes or the support of a Cabinet member. Unfortunately, the budget process is poorly understood by most observers, advocates and even the Members of Congress themselves. This course will survey the fundamentals of budget process and the uses and abuses of it. Topics will include Federal grants funding, entitlement spending, “tax spending,” and “off-budget” spending, as well as the budget aspects of current controversies such as health reform, tax policy, Social Security, defense spending, and economic stimulus spending.

Note: No accounting or budget background is needed.

LAW 1608 v00 Federal Practice Seminar: Contemporary Issues

J.D. Seminar | 2 credit hours

This seminar will explore selected topics in Civil Procedure, Federal Courts, and Administrative Law in depth.  The seminar will focus on topics that have recently gained attention in the Supreme Court or that may arrive in the Supreme Court in the near future.  Each class will relate to only one or two such topics.  Examples of possible topics include representative proof in class actions, personal jurisdiction in federal court on extraterritorial claims, the standing of States, congressional power to create standing, the status of prudential standing, nationwide injunctions, Chevron deference, Auer deference, the major questions doctrine, the constitutional status of ALJs, and the constitutional status of independent agencies.  Depending on the topic, we may read Supreme Court decisions, scholarly literature, or Supreme Court briefs.  There will be one major writing assignment, a paper of approximately 20-30 pages in length that addresses a topic in civil procedure, federal courts, or administrative law. In addition, students will prepare a short reaction paper of several paragraphs that is due before each class relating to the topic(s) to be discussed in that class.  The grade in the course will be based on the final paper, but that grade may be adjusted upward or downward one-half grade based on the reaction papers and class participation. 

LAW 1631 v00 Federal Practice Seminar: Contemporary Issues

J.D. Seminar | 2 credit hours

This seminar will explore selected topics in Civil Procedure, Federal Courts, and Administrative Law in depth.  The seminar will focus on topics that have recently gained attention in the Supreme Court or that may arrive in the Supreme Court in the near future.  Each class will relate to only one or two such topics.  Examples of possible topics include representative proof in class actions, personal jurisdiction in federal court on extraterritorial claims, the standing of States, congressional power to create standing, the status of prudential standing, nationwide injunctions, Chevron deference, Auer deference, the major questions doctrine, the constitutional status of ALJs, and the constitutional status of independent agencies.  Depending on the topic, we may read Supreme Court decisions, scholarly literature, or Supreme Court briefs.  There will be one major writing assignment, a paper of approximately 20-25 pages in length that addresses a topic in civil procedure, federal courts, or administrative law. The grade in the course will be based on the final paper, but that grade may be adjusted upward or downward one-half grade based on class participation.  

LAW 386 v01 Federal Prosecution

J.D. Seminar | 2 credit hours

This course explores decision-making in federal prosecution. Class sessions focus on the environments constraining and shaping the decisions made by federal prosecutors throughout the stages of investigation and prosecution. Drawing on cases, statutes, guidelines, and ethical rules,we will examine the legal, policy, practical, organizational, cultural, and ethical considerations that provide for or constrain the decisions taken by prosecutors. The course will also examine variations in these constraints in different locations, as well as the interaction among federal, state, and foreign jurisdictions as competing sovereigns in the investigation and prosecution of criminal conduct.

Learning Objectives:

Students are expected to come away with:

  • A deeper understanding of the organizational environments within which federal prosecution takes place, including the recognition that prosecution is very much shaped by organizations and actors with distinct agendas and distinct interests;
  • A working familiarity with the basic statutory frameworks that govern federal prosecution of violent and organized crime, especially the federal racketeering laws;
  • A working familiarity with the basic investigative tools used by law enforcement agencies and prosecutors to investigate crime;
  • An understanding of the practical significance of modern discovery obligations and the impact those have on prosecutorial decision-making; and
  • An appreciation for the range of activity that takes place within federal prosecution, a goal that we meet in part by bringing in a number of guests with a wide range of experience.

While we also expect that students will come away with considerable knowledge that would be of use in preparing for criminal trial, we firmly believe that this is not a course in trial advocacy. The overall focus is instead to open students’ eyes to the entire process of federal prosecution, with an emphasis on identifying different factors that shape decision-making throughout that process.

Prerequisite: Prior or concurrent enrollment in Criminal Law.

Mutually Excluded Courses: Students may not receive credit for both this course and Anatomy of a Federal Trial: The Prosecution and Defense Perspective.

LAW 193 v01 Federal Regulation of Financial Institutions

J.D. Course (cross-listed) | 2 credit hours

This is a two-hour lecture and discussion course covering federal regulation of modern-day financial services providers. It will address the recent crisis in financial services and possible legislative/regulatory changes. In particular, the course will focus on financial holding companies, bank and thrift holding companies, commercial banks and thrifts. Secondary attention will be paid to credit unions and state-chartered financial institutions. The course examines the role that different institutions play in the economy, the purposes of regulation and the approach of federal financial services regulators such as the Federal Reserve Board, Office of Comptroller of the Currency, Office of Thrift Supervision, and Federal Deposit Insurance Corporation. We also will discuss the involvement of the Securities Exchange Commission and Treasury Department in the regulation of these financial organizations. Additionally, we will study the chartering, regulation, supervision and product/geographic expansion of these institutions, with special emphasis on the banking, insurance and securities operations of these kinds of companies. Some attention also will be given to antitrust and international issues affecting these firms. Grades in this course are determined by the final take-home examination.

Recommended: Prior or concurrent enrollment in Administrative Law and Corporations.

Mutually Excluded Courses: Students may not receive credit for both this course and Federal Banking Regulation: Modern Financial Institutions and Change, or the LL.M. course, Financial Regulation and Financial Crises.

LAW 765 v00 Federal Taxation of Bankruptcy and Workouts

LL.M Course (cross-listed) | 2 credit hours

Provides a basic background in tax issues that arise under the Bankruptcy Code. The course will emphasize the treatment of tax claims in bankruptcy and the litigation of tax liabilities in bankruptcy court. Additionally, the course will cover the tax consequences that can flow from transactions while a case is pending under Title 11 or when a taxpayer engages in an insolvency workout. This includes discharge of indebtedness, carryover of net operating losses, and corporate reorganizations in bankruptcy cases. The focus is on Chapter 11 proceedings and corporate debtors. However, there will be some discussion of the tax effects on individuals and partnerships.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Recommended: Prior or concurrent enrollment in Corporate Income Tax Law I or Corporate Taxation (formerly Taxation II).

LAW 752 v00 Federal Taxation of Financial Institutions

LL.M Course | 2 credit hours

Examines the taxation of commercial banks, thrift institutions, regulated investment companies, real estate investment trusts, property and casualty insurance companies, and life insurance companies. The course analyzes the applicable special tax provisions in light of the economic function and operation of those institutions. Additionally, the course examines the taxation of mutual fund and REIT shares, annuities and life insurance, and considers alternatives to insurance products, such as self-insurance, captive insurance companies, and risk retention groups. Consideration is given to why financial institutions are treated differently from other taxpayers and to differences in the treatment accorded to the various types of financial institutions and products.

Prerequisite: Federal Income Taxation (formerly Taxation I).

LAW 455 v00 Federal White Collar Crime

J.D. Course | 4 credit hours

This advanced criminal law course covers selected substantive and procedural areas of importance in "white-collar" criminal practice. A portion of the class will be devoted to the study of certain statutes and their applications, including examinations of mail and wire fraud, conspiracy, false statements and money laundering prosecutions. We will also study the United States Sentencing Guidelines and will explore the principles governing entity liability. The balance of the class will be devoted to an examination of subjects of particular concern to prosecutors and defense counsel in "white-collar" or business crime cases, including investigative and grand jury practices, privileges applicable in a corporate setting, immunity, plea bargaining, cooperation agreements, and the interplay between civil and criminal proceedings.


Students will be required to complete a number of short written assignments relating to the application of the Sentencing Guidelines, and the class will conclude with an examination.

Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Recommended: Criminal Law.

Note: Students may take this course and Advanced Criminal Procedure, but it is not recommended.

LAW 455 v02 Federal White Collar Crime

J.D. Course (cross-listed) | 3 credit hours

This is an advanced course for the serious student interested in this area of law. It will cover procedural, substantive and practitioner oriented “tactical” considerations of “white-collar” criminal law. A student should have prior demonstrated interest in the subject area by having taken courses such as Evidence; Criminal Procedure; Constitutional Law or participated in one of the many GULC litigation clinics. The class will cover the principal federal “white collar” statutes, e.g., mail fraud, conspiracy, securities law, false statements, obstruction of justice and money laundering. Corporate criminal liability will be a course focus, covering necessarily related subjects, e.g., attorney-client privilege issues; “internal” investigations; government sponsored “Voluntary Disclosure” programs; litigation under the False Claims Act (Qui Tam); grand jury practice, document production, immunity, plea bargaining, co-operation agreements, discovery, and the interplay between civil and criminal proceedings, i.e., “parallel proceedings”. We intend to limit the class size to maintain active class participation of interested students.

The class will conclude with a take home examination.

Prerequisite: Criminal Justice (or Democracy and Coercion), or Criminal Procedure.

Recommended: Criminal Law and Evidence.

Mutually Excluded Courses: Students may not receive credit for both this course and Role of the Federal Prosecutor. Note: It is not recommended that students take this course and Advanced Criminal Procedure.

Note: Laptops may not be used during class sessions.

LAW 455 v07 Federal White Collar Crime

J.D. Course (cross-listed) | 3 credit hours

This advanced criminal law course covers selected substantive and procedural areas of importance in "white-collar" criminal practice. A portion of the class will be devoted to the study of certain statutes and their applications, including examinations of mail and wire fraud, conspiracy, false statements and money laundering prosecutions. We will also study the United States Sentencing Guidelines and will explore the principles governing entity liability. The balance of the class will be devoted to an examination of subjects of particular concern to prosecutors and defense counsel in "white-collar" or business crime cases, including investigative and grand jury practices, privileges applicable in a corporate setting, immunity, plea bargaining, cooperation agreements, and the interplay between civil and criminal proceedings.

Students will be required to complete a number of short written assignments relating to the application of the Sentencing Guidelines, and the class will conclude with an examination.

Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

Recommended: Criminal Law.

Note: Students may take this course and Advanced Criminal Procedure, but it is not recommended.

LAW 1514 v00 Federalism in Practice: The Role of Governors in Advancing Public Policy (Fieldwork Practicum)

J.D. Practicum | 4 credit hours

In fieldwork practicum courses, students participate in weekly seminars and conduct related fieldwork at outside organizations. This fieldwork practicum course explores the legal and practical dimensions of policymaking at the state level, with a focus on the role of governors. Students will participate in a two hour/week seminar and also undertake 10 hours/week of fieldwork with the National Governors Association, a bipartisan organization of the nation’s governors through which governors share best practices, speak with a collective voice on national policy, and develop innovative solutions that improve state government and support the principles of federalism.

SEMINAR: This seminar will provide an overview of the constitutional underpinnings of federalism and the legal frameworks applicable to policy development and implementation (e.g., in healthcare, homeland security, emergency response, infrastructure and transportation); case studies on the challenges and opportunities of federal, state, and local cooperation; and practical guidance on the operation of governors’ offices and state agencies. It will also examine the role of the “Big Seven” associations in driving state and local interests at the federal level, and in facilitating the adoption of best practices across government. Students will be trained in written and oral communication for an audience of policymakers, and become skilled at distilling complex legal issues into actionable recommendations for senior officials. During the semester, students will hear from guest speakers who serve or have served in governors’ offices and state agencies, or who otherwise offer unique insight and expertise in topical issues. By the end of the course, students will understand how “good” public policy (ethical and effective) happens in the real world and the practical ways in which research/science, politics, ideology, tradition, and the law help to shape it.

FIELDWORK: Depending on students’ interests and the organization’s needs, students may be placed in NGA’s Center for Best Practices (Homeland Security & Public Safety Division; Health Division; Environment, Energy & Transportation Division; Education Division; or Economic Opportunities Division), NGA’s Office of Government Relations, NGA’s Office of Management Consulting & Training, or NGA’s Office of General Counsel. It is possible that students may also be placed with state/local agencies in Washington, D.C., Northern Virginia, or Southern Maryland, or with other “Big Seven” state/local associations, such as the National Conference of State Legislators, National Conference of State Courts, National Association of Attorneys General, National District Attorneys Association, or Council of State Governments. Students will work with the organization’s staff and state officials to resolve legal questions and develop recommendations for state policymakers, such as: (1) writing a model cyber vulnerability disclosure policy for state agencies; (2) providing guidance on the legal implications of health reform; (3) constructing a model framework for addressing citizen privacy in homeland security policy; (4) identifying and analyzing novel legal issues raised by the deployment of the National Public Safety Broadband Network; (5) updating legal and procedural guidance for governors’ legal counsel; and (6) developing advocacy strategies for federal legislation that affects state interests.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Recommended: No other courses are required, but background coursework in constitutional law, administrative law, and statutory interpretation may be helpful.

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and an externship or a clinic or another practicum course.

Note: This practicum course is open to LL.M. students, space permitting. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.

This course is suitable for evening students who can attend the weekly seminar and conduct 10 hours of fieldwork/week during normal business hours.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits for approximately 10 hours of fieldwork per week, for a minimum of 11 weeks, to be scheduled with the faculty. The fieldwork must be completed during normal business hours. The two-credit seminar portion of this practicum will be graded. The two credits of fieldwork are mandatory pass/fail. Students will be allowed to take another course pass/fail in the same semester as this practicum.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and fieldwork components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 175 v00 Federalism Seminar

J.D. Seminar | 3 credit hours

The so-called “federalism revolution” of the past 30 years, reflected in a series of controversial Supreme Court decisions, has engendered reams of commentary and provoked widespread litigation challenging a range of federal statutes under constitutional provisions including the Commerce Clause, the Spending Clause, and the Tenth and Eleventh Amendments.


Rarely has so complex a body of interrelated law developed so quickly. The seminar will trace the development of the Court’s recent federalism jurisprudence both from a doctrinal perspective and as a study in the dynamics of judicial decision-making. A critical aim of the course will be to understand the values underlying the federalism debate, and to observe judges and justices of all persuasions seeking to reconcile those values with other priorities and with the institutional limitations of the courts. We also will consider the extent to which the Court’s recent jurisprudence actually has altered the dynamics of federal-state relations and whether future decisions are likely to do so.


We will use the developing nature of the federalism jurisprudence as an opportunity to develop advocacy skills. Students will satisfy the writing requirement by writing a 25-page appellate brief in one of several cases designated in the syllabus. We will work closely with each student in developing the structure and argument of the brief, and in moving from draft to final product. Each of the decisions will also be the subject of a short, informal moot court presentation by the students briefing that case. There will be no additional writing or research required for these presentations, which are designed to focus our dialogue.

LAW 189 v05 Feminist Jurisprudence Seminar

J.D. Seminar | 3 credit hours

This seminar focuses on the role of law in the subordination of women and the potential and perils of using law to challenge or end that subordination. We will look at various areas of law--including criminal law, constitutional law, torts, and contracts--from a range of feminist perspectives, including liberal feminism, radical feminism, cultural feminism, African-American feminism, and post-modern feminism.


This class satisfies the Upperclass Legal Writing Requirement.

LAW 1331 v00 Feminist Philosophy and Law Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar will explore through philosophical and legal readings as well as outside speakers on a number of topics of interest to contemporary feminism. Topics will include (subject to change) the experience of and legal response to sexual assault and sexual harassment at work, in school, at home, and in cyberspace, the regulation of reproduction, workplace equality and discrimination law, the experience of maternity and its legal regulation, transgender identity, legal intersections with intimacy, the campaign for marriage equality and the gaps between personal and legal judgments.

The course will alternate its venue between the main campus and law center (we shall provide the GUTS bus schedule for shuttling between campuses, but the metro also works and car rides may be arranged.)

During the first two thirds (approximately) of the semester, we will read recent philosophical and legal scholarship on these and related themes. Each week, the author of the particular article under review will join the seminar, present the piece and answer questions. During the last third of the semester, students will present their papers. During one of the last three or four seminar meetings, each student will have at least a half hour (maybe more depending on the enrollment numbers) to share their work, and hear questions and feedback from seminar participants.

LAW 1310 v00 Film Production for Lawyers

J.D. Seminar | 2 credit hours

Video production has rapidly become an important component in all industries, including law. Videos can serve as a powerful tool for social justice when collecting visual evidence, recording depositions, and creating engaging legal presentations to complement more detailed written reports. This course introduces film as a tool for social justice through hands-on video production as well as screenings and discussions. The course examines significant social issues through film analysis and discussion, and through video production. Students will learn to become proficient in film through producing short projects and through developing a critical eye. In-class excerpts will be screened and discussed. Attendance and class participation are integral parts of the class and will be a factor in the final grade. Students are expected to complete all reading, screening and production assignments. We may have one or two guest filmmakers during the semester.

Readings consist of books, film articles and reviews. Books include: The Bare Bones Camera Course for Film and Video by Tom Schroeppel, Documentary Storytelling by Sheila Curran Bernard, Writing for Story by Jonathan Franklin, and Screening Justice: The Cinema of Law by Rennard Strickland, Teree E. Foster, and Taunya Lovell Banks.

There will be three assigned productions, and students will work in groups of 2-3 people. All productions must receive approval by the instructor before students can begin.

Students will need a Netflix membership (or comparable online access) and will have access to the Williams Law Library DVD collection.

LAW 271 v00 Finance of Real and Personal Property

J.D. Course (cross-listed) | 3 credit hours

This general survey course covers the basic elements of financing commercial real estate and income-producing assets, with an emphasis on income-producing commercial real property. The financing concepts covered include the basic elements and techniques of financing, the lender-borrower relationship, and the role of capital markets in financing of commercial real property and other assets. The emphasis is on large commercial real estate financing transactions. Substantial attention is given to mortgages/deeds of trust, indentures and other security devices, priority rights between lenders and occupancy tenants, pre-foreclosure enforcement rights, post-foreclosure redemption and deficiency limitations, prepayment and defeasance, leasing as a method of financing, alternatives such as joint ventures, mezzanine loans and preferred equity, and creditor’s rights. Attention is also given to the basic economics of commercial financings, tax advantages of depreciable investment property, yield and cash flow analysis, loan syndications, special purpose entities, nonrecourse “carve-out” guaranties, environmental laws, recording and title insurance, the broker’s role, resolution of troubled/defaulted financings, construction loans, and purchase and sale agreements. This course will review complex financing techniques and will not emphasize math, but rather practical understandings and concepts involving the business and legal framework for financing real and personal property.

Mutually Excluded Courses: Students may not receive credit for both this course and Introduction to the Capital Markets and Financing of Income-Producing Property.

LAW 2040 v00 Financial Derivatives Taxation

LL.M Course | 2 credit hours

Examines the income tax issues associated with the taxation of financial products found in the modern securities markets. The course will involve discussion of products resulting from the unbundling of traditional securities, such as stocks and bonds, into their separate components; the recombination of unbundled pieces of traditional security interests into new financial products; and products, such as swaps, caps, collars, and floors, which allow the hedging of, or speculation in, the risks associated with commodity prices, interest rates, and currency exchange rates. Class participation is expected.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35369. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All resident LL.M. students may not enroll in this course on a distance basis.

LAW 769 v00 Financial Products in a New Regulatory Environment

LL.M Seminar (cross-listed) | 2 credit hours

The market turmoil of the past several years and public debate over its causes have highlighted inequities in the regulation of financial products. The regulation of products issued by banks, mutual fund complexes, insurance companies and others differ for historic reasons embedded in the Investment Company Act of 1940, other federal and state securities laws, federal and state banking laws, state insurance laws and the potential overlay of ERISA. This course takes a close look at the "unlevel" playing field in the regulation of financial products and considers the impact of the Dodd-Frank Act and continuing Congressional and regulatory proposals for structural solutions to market issues.

Learning objectives:

This class presents the developmental history of financial product regulation as a predicate for making judgments related to current regulatory debates. It addresses how to approach interstitial legal analysis in the regulation of financial products, analyze complex legal principles and clearly articulate and support a legal conclusion orally and in writing. It provides a forum for debating differing points of view and for reaching legal conclusions by balancing different policy factors.

Strongly Recommended: Securities Regulation.

LAW 193 v04 Financial Regulation and Financial Crises

LL.M Course (cross-listed) | 2 credit hours

The global financial crisis of 2008 was the result of developments in the financial system during the first decade of the 21st Century which the regulatory system had failed to keep pace with. The government's immediate response to the crisis, however, drew upon emergency powers that were first created by Congress in 1913 and 1934 in response to the Panic of 1907 and the Great Depression that began in 1929. Like those crises, this crisis also generated a major piece of financial reform legislation, the Dodd-Frank Wall Street Reform and Consumer Protection Act, which has altered the regulatory playing field on which financial institutions will operate in the future.  

This course will review the historical development of the United States banking industry, and of the regulatory structure governing it, so as to give students an appreciation of the economic and political forces that have shaped the regulation of our financial system.  This will include reviewing past financial crises and the responses to them, including the development of the Federal Reserve System, deposit insurance and other major reforms.  The course will then focus on the forces that produced a financial and regulatory system as complex as the one that led to the 2008 global financial crisis and that Dodd-Frank seeks to reform. This will include examining the rise of the shadow banking industry and the growth of derivatives, and the causes of and responses to the 2008 crisis, including the role of individual accountability for behavior that contributed to the crisis.    

Whether the Dodd-Frank reforms adequately address the causes of the most recent crisis and will prevent the onset of another crisis remains an open question and one which this course will examine.  The course  will also consider the financial stability implications of post-crisis developments such as cryptocurrencies and fintech.  The course will emphasize understanding the broader forces that have shaped regulation of our financial sector  rather than the specifics of the regulations themselves.  

Students will be evaluated on the basis of class participation (15% of the grade), a short paper during the course of the semester (15% of the grade) and a final examination (70% of the grade). The final examination will focus on traditional "issue spotting" to test the acquisition of basic concepts as well as on the comprehension of the historical material included as part of the readings. The short paper, which will call for policy analysis as well as legal analysis, will help students internalize the material and prepare for the final examination.

Prerequisite: Corporations.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course, Federal Banking Regulation: Modern Financial Institutions and Change.

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35370. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 804 v04 Financial Reporting and Accounting

LL.M Course (cross-listed) | 2 credit hours

This course will examine traditional accounting topics with emphasis on their practical application to the practice of law. It will do so based on the development of an understanding of corporate financial statements and the underlying accounting concepts used in preparing those statements and related accounting records. Issues will be considered against the backdrop of current SEC and professional requirements. Particular attention will be paid to current issues and enforcement trends raised by the SEC and to the latest pronouncements of the FASB, AICPA and SEC. Selected public filings will be analyzed to give students additional insights on the actual quality of reported earnings and financial condition of the reporting company, and the apparent effect of various alternative accounting methods.

Learning objectives:

Upon completion of this course, you will have a fundamental understanding of the basic architecture of financial reporting and a working knowledge of the federal regulatory framework for public companies, as administered primarily by the U.S. Securities and Exchange Commission. You will learn the history of this framework, its primary goals, and its basic requirements. You will see how basic principles of administrative law regulate the financial reporting of public companies. You will become familiar with the structure of a Balance Sheet and Income Statement and the essentials of Generally Accepted Accounting Principles.

Prerequisite: Prior enrollment in Securities Regulation.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. courses: Accounting Concepts for Lawyers; Accounting for Lawyers; Introduction to Accounting; or the graduate courses: Accounting for Securities Lawyers; or Basic Accounting Concepts for Lawyers.

LAW 545 v01 Financial Restructuring and Bankruptcy

J.D. Course (cross-listed) | 4 credit hours

This course is a general introduction to business bankruptcy law. Bankruptcy provides a background term for nearly all business transactions. The possibility that a counterparty may not be able to fulfill its obligations is a critical factor in shaping deals. This course reviews the fundamentals of debt contracting, including the role of events of default, covenants, representations and warranties, debt priority, and security interests. It covers private and public orderings of debt restructuring: private workouts and bankruptcy reorganizations and liquidations. Topics to be covered include the distressed debt market, exchange offers, property of the estate, the automatic stay, the avoidance of prebankruptcy transactions, the treatment of executory contracts, the debtor's governance structure during bankruptcy, asset sales, the financing of operations of bankrupt companies, the distressed debt market, the process of negotiating, voting, and confirming a plan of reorganization, and transnational and sovereign issues in bankruptcies.

Mutually Excluded Courses: Students may not receive credit for this course and Bankruptcy or Bankruptcy and Creditors' Rights or Bankruptcy and Corporate Reorganizations.

LAW 1442 v00 Fintech Law and Policy

J.D. Seminar (cross-listed) | 2 credit hours

Technology-driven disruption has upended many industries – retail, entertainment, transportation, to name just a few – and now we are seeing it redefine financial services. The rise of Fintech is perhaps the most interesting industry transformation to study from a legal perspective because of the way it impacts complex financial services regulations. Regulatory frameworks that were created decades ago are being challenged by the rise of Internet and mobile-driven financial services providers. This course will hone in on a few areas where the US financial regulatory structure is being challenged by technological innovation and may require fresh thinking.

Financial services can be broken down into three distinct subsectors: 1) Insurance; 2) Retail Banking; and 3) Investment/Advisory Banking. This course will focus on how technology is transforming both retail and investment/advisory banking. Retail banking law was designed for a world of brick and mortar banks that accepted deposits and leveraged those deposits to provide commercial and personal loans. Investment/advisory banking law was designed for a world of a relatively small number of sophisticated investors. This traditional schema is being transformed, rapidly.

The smartphone is replacing the retail bank as the method by which a small business or consumer conducts their day-to-day banking activity. A 2015 report by Goldman Sachs found that 33% of millennials do not think they will need a traditional bank in the next five years. In fact, 73% of millennials reported that they are more excited about new offerings in the financial services space from the likes of Google, Apple and Amazon.

Moreover, in the financial services industry lines are blurring – financial tech companies are expanding financial services ecosystems and traditional financial services companies are expanding their digital capabilities. New business models are being created that leverage the data and capabilities afforded by the Internet, and seemingly diverse industries ranging from telecom to traditional banks are competing over similar financial services activities.

Crowdfunding, mobile payments, online lending, robo-advisors, and Bitcoin are new phenomenon that challenge existing regulatory structures. The SEC, Treasury Department, Office of Comptroller of Currency, Financial Industry Regulatory Authority, Federal Deposit Insurance Commission, Federal Reserve Bank, Consumer Financial Protection Bureau, and Federal Trade Commission are just a few of the regulatory bodies that are increasingly exploring Fintech developments. Moreover, the courts have been faced with challenges to several federal and state laws that were written before modern technological innovations took hold and challenged existing concepts of Federalism. This class will focus in on these particular challenges, will question existing regulatory bodies, approaches and standards, as well as discuss the practicalities of alternative regulatory structures and rules.

The class will proceed in 4 parts. Part 1 will be an introduction to retail banking law and disruptions that are occurring due to Fintech. Part 2 will be an introduction to investment/advisory banking law and disruptions that are occurring due to Fintech. Part 3 will address cross-cutting horizontal disruptions. And, finally Part 4 will involve a high-level assessment of regulatory structures and approaches for Fintech. After this course, students should have a strong baseline knowledge of the myriad of legal and policy issues that exist in the Fintech arena.

LAW 1208 v00 Food Law Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This seminar introduces students to the laws and regulations that govern our food. The seminar will primarily cover law at the federal level, including but not limited to such topics as the legal definition of food, rules on food labeling, standards for food safety, and regulation of genetically modified organisms. Beyond the law itself, we will consider the scientific, economic, and ethical principles implicated by legal decisions concerning food.

Prerequisite: Administrative Law or the first-year course, Government Processes, or the first-year electives, The Regulatory and Administrative State, Congress and the Administrative State, Legislation and Regulation, or The Regulatory State.

Note: FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class.

LAW 089 v03 Foreign Relations Law

LL.M Seminar (cross-listed) | 2 credit hours

This is an advanced course on constitutional principles bearing on U.S. foreign relations: primarily, separation of powers, federalism and judicial review of Executive acts and congressional legislation. It focuses on some of the most challenging issues that have divided the American polity from the inception of the Republic and continue to do so today, e.g., the allocation of foreign affairs power between the Executive and Congress; the scope of Presidential power to protect the nation in times of danger; and the proper role of the courts in deciding legal issues relating to national security. We will study historical materials that inform the legal arguments on both sides of the current clash between the President and the courts on the doctrine of judicial deference and incorporate discussion of other foreign relations issues under judicial review in 2018. We also discuss the power to make treaties and executive agreements, the Supremacy clause and application of customary international law by U.S. courts.

Recommended: There are no prerequisites, but familiarity with basic principles of U.S. government is important.

Mutually Excluded Courses: Students may not receive credit for this course and the J.D. courses, Constitutional Aspects of Foreign Affairs Seminar or U.S. Foreign Relations and National Security Law or Foreign Relations Law.

Note: Attendance at one of the first two class sessions is mandatory. All enrolled and waitlisted students must be in attendance at the start of either the first or second class session in order to be eligible for a seat in the class. Students are strongly encouraged to attend the first class even if wait listed.

LAW 089 v04 Foreign Relations Law

J.D. Course (cross-listed) | 2 credit hours

This course addresses the constitutional issues that arise in the conduct of U.S. foreign relations. Topics include: Congress’ power to legislate with respect to foreign relations; the respective roles of the President and Congress in initiating and conducting war and other uses of force; the President’s power to conduct diplomatic relations; the scope of the power to make and enforce treaties and other international agreements; the status of treaties and customary international law as United States law; the role of the States in foreign relations; and the role of the courts in foreign relations.

Prerequisite: Constitutional Law I: The Federal System.

Mutually Excluded Courses: Students may not receive credit for this course and the J.D. upperclass course, Constitutional Aspects of Foreign Affairs Seminar, or the graduate course, Foreign Relations Law.

LAW 052 v01 Fourteenth Amendment Seminar

J.D. Seminar | 3 credit hours

This seminar is designed to encourage students to think critically and creatively about the appropriate constitutional role for the principles of equality and liberty and, more broadly, about the manner in which Supreme Court functions as an institution. These goals will be accomplished by "reinventing" fourteenth amendment jurisprudence, free from the constraints imposed by the actual decisions of the Court. At the beginning of the semester, students will be assigned to individual "courts," which will meet to decide cases assigned every other week throughout the semester. The "courts" will be expected to vote on how the cases should be decided and to prepare written majority, dissenting, and concurring opinions as appropriate. Each student will be graded in part on the basis of the quality of any opinion that the student agrees to sign. By citing as authority only those cases previously decided by that court, each court will develop a body of hypothetical case law over the semester that must be distinguished, amplified, or, if necessary, overruled in dealing with the next set of cases. Students will be encouraged to remain in role and to attempt to develop a consistent judicial philosophy. Every two weeks, two of the “courts” will become “law firms,” which will analyze the case law developed by a third court, write briefs, and conduct an oral argument before the third court. Although little reading will be required for this seminar, students will be expected to produce a substantial amount of written work and to devote a substantial amount of time to meeting with other members of their court.

Note: Once enrolled, no student may be excused from the seminar without the permission of the professor.

LAW 832 v00 Fraud and Fiduciary Duties Under the Federal Securities Laws

LL.M Course | 2 credit hours

A survey of the law of securities fraud with particular emphasis on litigation under Rule 10b-5. Explores the changing standards of fraud under the federal securities laws and the application of those standards to participants in the securities market, such as underwriters, broker-dealers, investment advisers, corporate officers, tender offerors, and persons engaged in insider trading.

Prerequisite: Securities Regulation.

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 13630. This course is open to both on campus and distance students. However, only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 196 v02 Free Press Seminar

J.D. Seminar | 2 credit hours

"Congress shall make no law . . .," the First Amendment commands, "abridging the freedom . . . of the press." But Congress, the Executive Branch, and the courts have promulgated a host of laws governing both print and electronic media. This survey of mass media law explores such current topics as prior restraints on publication, defamation, privacy, newsgathering liability, media liability for unlawful conduct of third parties, compelled disclosure of sources, and access to information. Practical aspects of representing media clients are examined along with public policy implications of existing legal doctrines and proposals for change.

Recommended: Constitutional Law II: Individual Rights and Liberties.

LAW 1624 v00 Gender and the Political Economy Seminar

J.D. Seminar | 2-3 credit hours

This seminar will examine the relationship between the regulation of gender and the political economy of liberal states. The goal of the seminar is to help students acquire tools that can illuminate the economics and distributional consequences of regulating gender, especially in a global context.

In the first part of the seminar we will study different theories of gender and gender relations, focusing especially on feminist and post-modern perspectives. We will also develop a basic understanding of economic theories and their implicit or explicit understanding of gender, especially in regards to the family and its regulation. Finally, we will look at the emergence of the basic legal split between the family, the market and the state in a historical perspective. In the second part of the seminar we will delve deeper into selected topics that will help us observe some of the theoretical ideas about gender and the political economy in action. Topics will include: the regulation of paid and unpaid care work, the family business, the organization of the welfare state, sex work and human trafficking, reproductive markets, gender in economic development.   

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 2065 v00 Gender and U.S. Foreign Policy

LL.M Seminar (cross-listed) | 2 credit hours

In recent years, the U.S. has developed a comprehensive policy framework that recognizes gender equality as a pillar of U.S. foreign policy and international law. This class will introduce and analyze these policies, including the U.S. National Security Strategy; the Women, Peace and Security Act of 2017; the U.S. Strategy to Prevent and Respond to Gender-Based Violence Globally; State Department and USAID policy guidance on gender. We will examine the legal basis for women's human rights, as well as the body of evidence linking women's advancement to development, prosperity, and stability. Issues covered will include gender and economic growth, peace and security, political participation, health and education, gender-based violence,  and international institutions and treaties.

This class will be featuring prominent guest speakers in the field that will be announced at the first class session.

LAW 1071 v00 Gender, Sexual and Reproductive Health and International Human Rights Law (Project-Based Practicum)

J.D. Practicum | 4 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professor. This project-based practicum course will focus on the interaction between international human rights law and sexual and reproductive health. Students will participate in a two hour/week seminar and carry out 10 hours/week of project work under the direction of the course professor.


SEMINAR: The seminar will begin by providing an overview of international human rights law as it pertains to sexual and reproductive rights. The course will then focus on access to reproductive health from an international perspective, examining States’ obligations on a variety of issues, such as maternal mortality. Finally, students will learn through coursework about other sexual and reproductive health issues linked to the right to dignity, autonomy and bodily integrity, such as rape as a means of torture and forced sterilization. Analyzing recent decisions emerging from regional and international human rights bodies, such as the European Court of Human Rights, the Inter-American Commission and Court on Human Rights and the CEDAW Committee (UN Committee on the Convention on the Elimination of All Forms of Discrimination against Women), the seminar component will provide a solid legal foundation for students to develop their experiential/field placement projects.


PROJECT WORK: Students will work with external partners on legal and policy projects related to sexual and reproductive health. Some of the projects may include drafting amicus briefs for cases currently pending before international bodies, and drafting briefs assessing a particular State's compliance with human rights law regarding sexual and reproductive rights to be filed in front of UN bodies (shadow reports). Through these projects, students will learn how to conduct an analysis of existing legal and regulatory frameworks for sexual and reproductive health from a human rights perspective. Students will also learn how to use epidemiological data to support and craft compelling human rights law arguments for advancing public policy on, for example, maternal mortality and sexual violence prevention and eradication. By working with external civil society organizations, the course will give students the opportunity to develop practical projects using international human rights law to advocate for the advancement of sexual and reproductive health rights. In the past, external partners have included: the Center for Reproductive Rights, Women’s Link Worldwide, Human Rights Watch (Women’s Rights Division), IPAS, and Southern Africa Litigation Centre, among others.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Mutually Excluded Courses: Students may not concurrently enroll in this practicum course and a clinic or another practicum course. Students may concurrently enroll in this practicum course and an externship.

Note: This practicum course is open to LL.M. students, space permitting. Interested LL.M. students should email Louis Fine (fine@law.georgetown.edu) to request admission.

Evening students who work during the day are encouraged to reach out to the professor to discuss whether this practicum course would be compatible with their schedules.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits will be awarded for approximately 10 hours of supervised project work per week, for a minimum of 11 weeks. Both the seminar and the project work will be graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1298 v00 Global Anti-Corruption Seminar

J.D. Seminar (cross-listed) | 2 credit hours

In 1977, the United States adopted the Foreign Corrupt Practices Act (“FCPA”) to combat bribery of foreign public officials. As with many U.S.-led initiatives, it was seen at the time as naïve, quixotic, myopic, and doomed to failure. A little more than 20-years later, the Organisation for Economic Co-operation and Development (“OECD”) adopted its Convention on Combatting Bribery of Foreign Public Officials, and as required by the Convention, the countries of Western Europe promptly adopted organic statutes modeled, in large measure, on the FCPA.

In the ensuing decade and a half, prosecutions of corporations for foreign bribery have become perhaps the most important prosecutorial priority for the Department of Justice (“DOJ”) and Securities & Exchange Commission (“SEC”) and certainly the most financially lucrative U.S. prosecution initiative. Transnational investigations have become a staple of these prosecutions. All 10 of the largest FCPA prosecutions have occurred since 2008; of these, eight have involved foreign corporations.

This course will cover the development of U.S., international, and foreign initiatives against public-official bribery. Because (at least in the US) most of these cases have been resolved without litigation, we will focus on critical, unresolved issues, such as the FCPA’s definition of a foreign “instrumentality” and a “foreign official,” as well as the scope of U.S. extra-territorial jurisdiction. In addition to addressing the substance of foreign and international laws and conventions, we will explore the critical issues that arise from the growing trend in trans-national investigations and prosecutions, including double jeopardy, res judicata, and international data collection.

We will explore these issues through fact-based, real-world scenarios drawn, in large part, from the “Bonny Island” case, which involved a scheme by four international corporations to bribe three successive Nigerian presidents (as well as a constellation of lower-ranking officials) to secure multi-billion dollar contracts for the construction of an LNG facility in Nigeria. We will use this factual setting to frame class participation and in-class exercises and projects, with the goal of sharpening critical thinking, tackling complex legal questions in concrete factual settings, and honing advocacy skills.

Learning Objectives:

We have the following expectations of learning outcomes:

  1. We expect each student to achieve mastery of the basic concepts underlying the US Foreign Corrupt Practices Act, including the basic statutory terms, the elements of the various offenses, and the scope of U.S. jurisdiction. In our experience, it is impossible to fully understand and discuss more challenging questions about the scope or application of the statute without mastery of the fundamentals.
  2. We expect each student to gain an understanding of the roles and policies of the U.S. enforcement authorities, the Department of Justice and the Securities and Exchange Commission, and the manner in which FCPA cases are investigated, prosecuted, and defended, as well as how the U.S. enforcement agencies would approach a problem and what outcomes are likely to result.
  3. We expect each student to gain an understanding of the global enforcement landscape for anti-corruption. Students are expected to achieve a basic understanding of the OECD Convention on Bribery, other international anti-bribery conventions, and the leading state laws, including the Brazil Clean Companies Act, the UK Bribery Act, and the French Sapin II. Students will also gain an understanding of the role of the World Bank and other multi-lateral development banks in the worldwide scheme.
  4. We expect students to learn the basic principles of anti-corruption compliance programs, and the manner in which anti-corruption compliance impacts the prevention, detection, investigation, and prosecution of FCPA cases, as well as violations of similar foreign laws.
  5. Through scenario-based learning, we expect students to gain a facility in applying law to fact and an understanding of how governments and defense counsel approach challenging question of jurisdiction, enforcement, and punishment in a multi-jurisdictional, cross-border setting.

Mutually Excluded Courses: Students may not receive credit for this seminar and International Efforts to Combat Corruption Seminar.

LAW 531 v01 Global Cities and Urbanization Seminar: Mixed Income Housing Development

J.D. Seminar | 3 credit hours

Community Economic Development is the work of revitalizing communities to assist poor, unemployed, underemployed, and otherwise marginalized populations through the development of low income housing, integrated social services, microbusinesses, workforce training, and community job growth. Having its roots in social movement and community empowerment initiatives in the sixties, community economic development provides a unique opportunity to integrate social theory and practice within the context of real grassroots efforts to serve marginalized communities.

This course is designed for students interested in learning more about or perhaps someday working in the field of community economic development, as lawyers and/or consultants on a fulltime or pro bono basis. The skill sets developed cut across the business/legal divide and expose students to substantive subject matters ranging from startup ventures, real estate finance and development, and regulatory frameworks for micro lending, affordable housing, and new market development. Student papers will focus on problems encountered by entities engaged in community economic development, providing a unique opportunity to understand the industry from the inside out. Community activists and various economic development experts in law, business, and public policy will be invited to discuss their work across the semester, affording students the opportunity to develop and/or expand their networks in the field.

This class satisfies the Upperclass Legal Writing Requirement.

Recommended: Previous exposure to community organizing and economic development is helpful but not required.

LAW 733 v00 Global Commerce and Litigation

LL.M Course (cross-listed) | 2 credit hours

This survey course covers both basic and advanced concepts in the evolving rules governing modern international sales, distribution and investment transactions. The conduct and structure of international litigation that can arise from these transactions, as well as ways to avoid such international litigation, are also examined. Emphasis is on practical problem solving. Specific areas to be covered will include INCOTERMS, the U.N. Convention on Contracts for the International Sale of Goods, payment mechanisms for international sales, international electronic commerce, the structure of international acquisitions, U.S. and European merger notification controls, foreign ownership restrictions, export controls, corruption, and cross-border litigation and arbitration. There will be an open book final exam.

Prerequisite: Contracts (or the equivalent Bargain, Exchange, and Liability) or for foreign-educated LL.M. students, Foundations of American Law, Introduction to U.S. Legal Methods or a Contracts equivalent course from the home country.

LAW 726 v00 Global Competition Law and Policy

LL.M Seminar (cross-listed) | 2 credit hours

This seminar will examine the development of antitrust law around the world, starting with a basic understanding of U.S. and EC competition principles and then reviewing the application of those principles in developing and transition economies including China, India, Africa and Latin America. Particular emphasis will be on merger control and regulation of dominant firm conduct (monopolization/abuse of dominant position). We will also consider the role of competition policy in economic and political development generally. Grading will be based on a paper and an assessment of class participation.

Prerequisite: For J.D. students: Antitrust Law or Antitrust Economics and Law. LL.M. students should have some previous work experience or coursework in U.S. antitrust law or competition regulation in other jurisdictions; otherwise professor's approval required before enrolling.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement for JD students. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement for JD students.

LAW 726 v01 Global Competition Law and Policy

LL.M Seminar (cross-listed) | 2 credit hours

This seminar will examine the development of competition laws around the world, differences in substantive standards among the major enforcement jurisdictions, the possible consequences of those differences, and the means to address them. We will start with a basic understanding of U.S. and EC competition principles, and then compare and contrast these with the principles applied in developing and transition economies, such as China, India, and South Africa. Particular emphasis will be on current issues and trends, multi-jurisdictional merger control, and regulation of dominant firm conduct. We will also consider the role of competition policy in economic and political development generally.

Prerequisite: for J.D. students: Antitrust Law or Antitrust Economics and Law. It is recommended that LL.M students have some previous coursework or work experience in competition law in the U.S. or another jurisdiction.

LAW 2007 v02 Global Cybercrime Law

LL.M Seminar (cross-listed) | 2 credit hours

This course will examine the key legal and policy issues associated with cybercrime – i.e., crimes in which computers and the Internet serve as targets, as storage devices, and as instrumentalities of crime – as a global phenomenon. As the Internet has become a truly global medium for commerce and communication, nations are gradually recognizing that new technology can not only expand the reach and power of traditional crimes, but foster new forms of criminal activity as well, throughout the world. The course will adopt an explicitly comparative legal approach to the problem of cybercrime, focusing principally on nations in North America, Europe, and Asia, and address pertinent international legal issues where appropriate. It will first address basic issues in comparative criminal law, as well as background information on computing and Internet technology. It will then address some of the most prominent topics in the substantive law of cybercrime (e.g., pornography and obscenity, "hate speech," cyberstalking, hacking, fraud, intellectual property offenses such as software piracy and economic espionage, and other issues associated with privacy and anonymity on the Internet). It will then turn to major issues in the procedural law of cybercrime (e.g., surveillance technologies such as Carnivore and legal standards for interception of electronic communications). Given the rapid pace of developments in computing and Internet law, the course will incorporate the most current materials available online and in hard copy. Students will be expected to use the Internet for intraclass communications and access to certain course materials, but need not have a detailed knowledge of computing or the Internet.

Prerequisite: Criminal Law.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. seminar, Computer Crime Seminar, or the J.D. course, Computer Crime.

LAW 3034 v00 Global Derivatives Law and Regulatory Policy

LL.M Seminar (cross-listed) | 2 credit hours

This course explores the global legal and regulatory framework for futures, swaps, options, and other derivatives, with a focus on the ways that technology and innovation are changing how these markets function and are regulated. High-frequency trading (HFT) firms now use algorithmic trading robots to place trades in futures contracts and other financial instruments in fractions of a second, while the markets for futures and other derivatives are witnessing the rise of digital intermediaries – computers and software programs – that perform the role of traditional intermediaries. Likewise, blockchain technology offers the prospect of settling transactions in a manner that is fundamentally different to the financial industry’s current approach of using overlapping centralized ledgers. Students will analyze the unique challenges that the increasing use of these and similar technologies present for U.S. and international policymakers, regulators, and market participants. Students will learn the overall structure and key provisions of the US regulatory framework and policy perspectives, which will be compared and contrasted with those of other jurisdictions, such as the EU and its member countries, with an emphasis on how the statute, regulations, and precedent are addressing (or not addressing) issues brought about by technological advances, such as market manipulation by algorithmic robots. Class participation is expected. Students will be graded on one long paper and several smaller writing assignments.

Recommended: Securities Regulation

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35371. This is an online-only section for distance-learning students, and there are no live on-campus sessions. The class is asynchronous but requires weekly assignment submissions. Only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may register for this course. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 3028 v00 Global Drug Law and Regulation

LL.M Seminar (cross-listed) | 2 credit hours

Globalization and the international trade of drugs and medical products have progressed beyond any single regulatory authority’s ability to effectively ensure the quality, safety, and effectiveness of these products. In the U.S., the importation of foreign sourced products has increased tremendously, accounting for over 80% of the active pharmaceutical ingredients. However, varying drug regulations have resulted in gaps in oversight causing differing views on the acceptable level of risk in public health leading to drug quality related deaths and other serious harms. One clear reason for this compromised system is the differences in how these products are regulated from country to country. Nevertheless, the pharmaceutical and related industries are thriving in the global marketplace. This course is intended to be the first comparative survey into the regulatory frameworks of certain key countries, both developed and developing markets, along with international institutions, such as the World Health Organization, involved in promoting the access and development of safe, effective and quality medical products. This course will also identify the major international non-governmental stakeholders, and the multi-lateral schemes and treatises in which they operate that are intended to assist in the convergence of pharmaceutical laws and regulations.

Recommended: Prior Enrollment in Food and Drug Law

LAW 1475 v00 Global Governance and Transnational Law

J.D. Course (cross-listed) | 3 credit hours

This course will explore the role of law in global governance and the global political economy from a transnational perspective. Based on problems and case studies, the course will examine the transnational perspective at play in areas such as investment, trade, development, business transactions, the family, the environment, human rights, labor, and drug trafficking. The course will show how effective lawyers, be they transactional lawyers, activists or regulators understand the mosaic of relevant legal materials and the levers they can use to structure a deal, promote a cause, or influence behavior of relevant actors.

Methodologically, we will explore how the transnational perspective helps us understand and address issues that involve multiple actors (states, corporations, NGOs, indigenous groups), multiple laws (national laws, international agreements, contracts) and multiple jurisdictions (national courts, international tribunals, supra national arbitration panels). We will also explore the limitations of the nation state as the primary source of law, looking at alternative and competing sources of norms such as private self-regulation, global indicators, or community customary laws.

Throughout the course we will reflect on what this perspective contributes to our understanding of global governance, including how new forms of regulation transform the relationship between public interest and private power, and challenge values such as national sovereignty, individual autonomy, traditional practices, distributive justice, and cultural diversity. We will discuss how this transnational perspective may help us see the role of law in structuring power relations and policy choices, pressing us to address important ethical and political questions.

LAW 493 v01 Global Health Law

LL.M Course | 3-4 credit hours

Global Health Law is the flagship course for Georgetown University Law Center’s O’Neill Institute for National and Global Health Law. This course is open to both Georgetown JD and LLM students and is a compulsory unit in the Global Health LLM.

No longer an emerging field, global health law encompasses international law and policy that directly or indirectly affects global health, including treaties, regulations, global strategies and other non-binding standards, national and international jurisprudence etc. The field of study includes both legal instruments designed to protect public health as well as the interaction between legal instruments from other international legal regimes and public health considerations and concerns. This course provides a strong foundation in these laws and policies, including governance of the World Health Organization, the International Health Regulations, the WHO Framework Convention on Tobacco Control, international trade and investment law, and human rights treaties such as the International Covenant on Economic, Social, and Cultural Rights.

In examining the application and effectiveness of global health law, this course provides a normative foundation for global health issues including infectious diseases (such as Ebola, HIV/AIDS, tuberculosis, malaria, and influenza) and noncommunicable diseases (such as diabetes, cancer and cardiovascular disease and their causes, including obesity, tobacco, and alcohol).

In this course, students will hear from leading voices in global health and the law and benefit from the expertise of Georgetown Law’s O’Neill Institute.

Text

The compulsory text for the course is Gostin, “Global Health Law” (2014, Harvard University Press). Additional readings – including key legal instruments – will be assigned for each topic.

Recommended: Prior enrollment in International Law I.

Note: Required for the Global Health Law LL.M.

LAW 594 v00 Global Health Law: An Intensive, Problem-Based Exploration

J.D. Seminar (cross-listed) | 2 credit hours

In this intensive course, students will work with faculty and fellows at the O’Neill Institute for National and Global Health Law to gain an in­depth understanding of global health law through intensive examination and role play of one or more major problems in global health. Potential problems could include a naturally occurring infectious disease epidemic such as extensively drug resistant tuberculosis; a future epidemic such as pandemic Influenza (A) H5N; an intentional introduction of a lethal pathogen such as anthrax; and/or major chronic diseases caused by obesity or tobacco use. Students should come to this course with a basic level of understanding of global health law, including the major international health treaties and governing structures. When studying and role playing these kinds of problems, students will be asked to construct innovative methods of global health governance, drawing upon existing international health law and institutions, along with a vision for more ideal models. The course will also capitalize on materials developed in collaboration with faculty from the School of Nursing and Health Studies for use in the “health care situation room”.

Full attendance and participation is required at all sessions. Class sessions will consist of a combination of lecture, case simulations, and discussion. Grades are based on student participation, a daily journal to be kept by students, and a final paper.

Note: The first weekend of the course will be held at the Law School and the second weekend will be on the Main Campus at St Mary's at the School of Nursing and Health Studies.

A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety. This course requires full participation at all class sessions.

LAW 900 v01 Global Indirect Tax: The VAT

LL.M Seminar (cross-listed) | 2 credit hours

During this century, the United States has raised revenue chiefly through the income tax, which is a per capita or direct tax. In many other countries, fiscal authorities rely far more heavily on indirect taxes. With the pace of globalization accelerating, U.S. tax professionals increasingly advise foreign clients, for whom indirect taxes may constitute a large percentage of aggregate tax liability. A basic knowledge of how these taxes work is thus a valuable asset for any lawyer doing corporate or international tax work.

This course will introduce students to indirect taxation, exemplified by the European Union’s Value Added Tax (“VAT”) and Canada’s Goods and Services Tax (“GST”), two of the fastest-growing indirect taxes globally. The course will examine the economic and policy rationales for such taxes and study in detail how different types of value added taxes work, including tax calculations and cross-border aspects. Finally, the course will compare the VAT with the retail sales taxes imposed by many U.S. state and local governments and will consider the feasibility of adopting some version of a VAT in the United States. At the end of the course, students will have a broad technical understanding of indirect taxes and an appreciation of the policy concerns that animate legislative and academic discussion of this important subject.

This two-credit course will be divided into nine 3-hour class sessions. All sessions will be taught by global indirect tax professionals from KPMG’s Washington D.C. office.

Prerequisite: Federal Income Taxation (formerly Taxation I).

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 661 v00 Global Law Scholars Seminar I: Building an International Skill Set

J.D. Seminar | 1 credit hour

This one-credit (7 session) seminar is designed to provide participants in the 2L year of the Global Law Scholars program with a concrete introduction to some of the specific skills used by practitioners in the fields of international and transnational law. Sessions are presented by a mixture of Georgetown Law faculty and outside practitioners. In addition to an overview of the basic features of international negotiation, arbitration and litigation, and an introduction to comparative law, emphasis is given to research, technical writing, fact-finding and advocacy skills. Skill development is taught through a variety of mechanisms (i.e., case studies, workshop style methods, role-playing, etc.). Student preparation for the various sessions includes readings on both skills and theoretical background. Student evaluation at the end of the course is based on class participation and completion of a short piece of technical writing (i.e. white paper).

Learning goals for this course: Ability to research and write/present a substantive legal topic. Ability to work together as a group on an advanced level topic. Awareness of relationship between international and domestic law.

Prerequisite: This course is open only to second and third year Global Law Scholars.

Note: This course is offered on a mandatory pass/fail basis. This course does not count toward the seven credit pass/fail limit. This class meets for seven sessions in the fall semester. Dates to be announced.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 662 v00 Global Law Scholars Seminar II: Applying an International Skill Set

J.D. Seminar | 1 credit hour

This one-credit (7 session) seminar is designed to build on the experiences of the fall 2L GLS seminar (“Building an International Skill Set”) by affording participants an opportunity to apply the specific skills used by international and transnational lawyers in the context of a specific substantive area chosen by them. For 2013/14, the 2L GLS focused on constructing an international trade mechanism to promote corporate accountability in developing countries, specifically addressing environmental and human rights concerns. For 2014/15 the 2L group wrote an assessment of corporate compliance W.R. of 1502 of Dodd Frank in the area of conflict minerals. For 2015/16, the group conducted an in-depth analysis of implementation review mechanisms (CIRMs) in multilateral agreements. In 2016/17 the chosed topic was on use of armed force in outer space. Preparation for the group sessions includes background readings on the theoretical, practical and legal aspects of the relevant issues. Under the guidance of Georgetown faculty, participants determine in advance the goal of their work (for example, an analytical “white paper” on a particular substantive issue, a conference involving noted academics and experts, an advocacy effort, etc.). Student evaluation at the end of the course is based on class participation, contribution to the chosen goal, and completion of a short piece of technical writing.

Prerequisite: This course is open only to second and third year Global Law Scholars.

Note: This course is offered on a mandatory pass/fail basis. This course does not count toward your seven credit pass/fail limit. This class will meet for seven sessions in spring semester. Dates to be announced.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 068 v01 Global Revolutions, Civic Activism, and Civil Society

J.D. Seminar (cross-listed) | 1 credit hour

Governments are cracking down on protests, NGOs, and dissent. We'll not only discuss events in the news, but we'll also speak to people making the news. For example, previous classes have spoken to protest leaders, UN Special Rapporteurs, and lawyers for NGOs allegedly engaged in terrorism.

The seminar will provide a global tour of the legal frameworks governing civil society and civic activism. We'll explore international law and national legislation in Europe, Africa, the Middle East, Asia, Latin America, and the US. We'll also have some fun, playing the role of UN Ambassadors, government officials, and NGO leaders in interactive exercises to explore this cutting-edge field of international law.

The seminar will provide contacts and skills to help you pursue a career in international human rights law. Internships are also available for eligible students at the International Center for Not-for-Profit Law, which works in 100 countries to advance civic freedom.

Learning Objectives:

By the end of the semester, you should have the ability to:

  1. Analyze international law governing the freedoms of association and assembly;
  2. Evaluate the extent to which national legislation complies with international law;
  3. Craft arguments to bring national legislation closer to international law and good practice;
  4. Communicate effectively with diplomats, government officials, and civic activists;
  5. Analyze ethical aspects that arise in crafting laws that affect the freedoms of association and assembly; and
  6. Assess the impact of law on nonprofit organizations, social movements, and protests.

Note: Space is limited. ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.

Withdrawals are permitted up until the last class for this specific course.

LAW 750 v01 Global Securities Offerings

LL.M Course (cross-listed) | 2 credit hours

In this course, students will learn how to structure and execute global securities offerings. The course begins with a brief examination of the process of an SEC-registered offering in the U.S., and the ongoing requirements of SEC reporting companies, and then continues by examining how to conduct offerings, both domestically and internationally, outside of SEC registration. Topics include the registration requirements of 5 of the Securities Act, the various exceptions from registration, including Sections 4(a)(1), 4(a)(2) and 4(a)(7) of the Securities Act, the safe harbors pursuant to those exemptions, including Regulation S, Regulation D, Rule 144, Rule 144A, and the changes to certain of those rules and regulations by recent legislation, including the JOBS Act and the FAST Act. In addition to a thorough review of the rules and regulations in the course materials, this course seeks to give students insight into how those rules and regulations are used in practice, and into the mechanics of conducting various types of securities offerings, so that upon completing the course students are better prepared to address these topics in practice. The course was jointly developed by a senior SEC staffer and a private practitioner. Note that there is no pre-requisite for this course.

LAW 1232 v01 Global Teaching Fellow: Anti-Corruption Senior Fellow

J.D. Course | 1 credit hour

Students who have been Global Teaching Fellows (Fellows) in the past may, if selected again, receive academic credit for the same problem they worked on previously, if they meet the following additional requirements: (i) they receive the faculty member's permission to serve as a "Senior Global Teaching Fellow;" and (ii) they complete a 10-15 page research paper on a topic related to the problem and agreed to by the faculty member. Students are also responsible for the other Fellow responsibilities, including attending all meetings and class sessions. Please refer to the Global Teaching Fellows webpage (http://www.tinyurl.com/GeorgetownGlobalTeachingFellow) for further information including the application deadline, Fellow responsibilities and requirements, and options for receiving credit.

Prerequisite: Senior Fellows must have previously served as Global Teaching Fellows in the problem being taught. Please note: Students do not need to have taken the first-year J.D. course “Week One: Law in a Global Context” to apply.

Mutually Excluded Courses: Students who are enrolled in a Spring clinic should determine when any mandatory clinical trainings or meetings will take place during Week One and be sure their service as a Senior GTF will not conflict with these meetings.

Note: WEEK ONE COURSE. In addition to the fall semester time commitment, this course will meet for one week only, on the following days: Monday, January 11, 2016, through Thursday, January 14, 2016 during the hours described on the Fellow webpage (http://www.tinyurl.com/GeorgetownGlobalTeachingFellow). This course is mandatory pass/fail, and therefore does NOT count against the 7-credit pass/fail limit for J.D. students. This course requires professor permission to enroll. Interested students should contact Margaret Gerety at meg239@law.georgetown.edu.

LAW 061 v00 Globalization and Systemic Risk Seminar

J.D. Seminar (cross-listed) | 3 credit hours

This course explores the impact of globalization on systemic risk and international financial regulation. Our focus this year will include law and international monetary policy and its implications for the regulation of international finance. The course will also examine past and present financial crises and in the process address some of the measures recently taken by national regulators, international standard setters and market participants to address these risks.

Students will be expected to read with precision and care between 100-150 pages a week and to provide for each class a one page analysis of the reading, which will be distributed to students via Courseware. Additionally, at least once during the semester, each student will either individually or with other students, direct class discussion on one of the assigned readings. Students taking the class for 3 will be required to write a seminar paper meeting the upper level writing requirement, though may lead a class discussion on their seminar paper in lieu of discussing an assigned reading.

Readings will include Lords of Finance, In Fed We Trust, Globalizing Capital and others. We will additionally discuss other assigned readings from various law reviews, think tank reports and policy initiatives by international standard setting bodies.

Recommended: Corporations, Securities Regulation, Secured Transactions, International Law.

Note: The 3 credit section of this course requires Professor Permission to enroll. Interested students should email Professor Brummer (chris.brummer@law.georgetown.edu) by June 2, 2014 with a one-page description of their proposed research project outlining the topic and argument they are considering. Students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 419 v00 Governance of Nonprofit Organizations

J.D. Seminar (cross-listed) | 1 credit hour

This seminar will examine the rapidly developing field of governance “best practices” for nonprofit organizations. Recent crises and resulting reforms at leading nonprofit organizations will be used as case studies and the course will also consider the impact of government legislation and tax policies. Guest speaker participants will include governance experts who have led reform studies for nonprofit organizations and senior executives of local nonprofits.

Learning goals for this course: Give students an overview of the governance challenges faced by nonprofit organizations and how they are resolved. Uses case studies of specific governance crises at a variety of nonprofit organizations.

Prerequisite: Prior or concurrent enrollment in Corporations.

Recommended: Federal Income Taxation (formerly Taxation I).

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

LAW 1434 v00 Governing Automated Decisions

J.D. Seminar | 2-3 credit hours

Many important decisions historically made by people are now made by computers. Software influences people’s life chances in a growing range of contexts, impacts access to basic rights, and mediates core mechanisms of justice. Algorithms control access to welfare and healthcare benefits, target citizens or neighborhoods for police scrutiny, inform bail and sentencing decisions, select taxpayers for IRS audit, and grant or deny immigration visas, among a growing list of other key decisions.

The legal standards and accountability mechanisms to govern decisions like these have not kept pace with changing technology. In this seminar, we will explore how automated decisions are made, the unique governance challenges that they pose, and the emerging suite of legal and policy responses to these new challenges. We will focus on automated decisions that wield state power, because it is in these decisions that the unmet need for public understanding, and democratic governance, is most acute.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 202 v00 Government Contracts

J.D. Course (cross-listed) | 2 credit hours

This course analyzes the basic considerations in contracting with the federal government, including the sovereign's power to contract, the applicable statutes, regulations and executive orders, and sovereign immunity. Material covers methods of acquisition: sealed bidding or negotiation (competitive proposals); requests for quotations; Multiple Award Schedule (MAS) contracting; the problems of offer, acceptance, and consideration; as well as the authority of government agents to contract. The materials also focus on the problems of contract performance, including changes; delays and suspensions of work; contract termination either for contractor default or for government convenience; and equitable adjustments and allowable costs. There is emphasis throughout the course on the practical as well as the substantive problems, including the dispute procedures before the boards of contract appeals and appeals to the U.S. Court of Federal Claims, as statutorily mandated by the Contract Disputes Act of 1978; extraordinary rights and remedies, including recovery for defective pricing and Public Law 85-804 requests; and bid protest proceedings before the agencies, Government Accountability Office (GAO), and the U.S. Court of Federal Claims. The course also includes a discussion of the changes to the government contracting process, to allow for "commercial item" contracting, as a result of the Federal Acquisition Streamlining Act of 1994 and the Federal Acquisition Reform Act of 1996.

Prerequisite: Contracts (or Bargain, Exchange, and Liability).

LAW 1110 v00 Government Enforcement Investigations: A Study at the SEC

J.D. Course (cross-listed) | 2 credit hours

Government enforcement programs are more vigorous than ever, and lawyers on all sides of an issue need to be able to investigate and understand what happened. Investigative skills are an essential part of the toolkit of any attorney. Fact-finding and analysis are core elements of all legal work, but too often, lawyers are left to develop crucial, practical skills without guidance or training.

Government investigations – such as those into violations of the federal securities laws – require a unique skill set, above and beyond substantive knowledge of legislation and rules. Enforcement attorneys need skills to identify key documents, review large amounts of information, interview witnesses and then summarize their work in writing. The private attorneys representing companies and individuals need to do similar work.

The course attempts to provide practical skills in the context of broader ideas about how to investigate and about how the Securities and Exchange Commission investigates. This will include some substantive law and some academic critique of the SEC, but it will concentrate on practical issues like how to gather information, how to analyze it against substantive law, how to deal with lies, and why lawyers must make themselves comfortable with technical subjects.

Through this course, students will learn about how lawyers investigate through the lens of the SEC Enforcement Division’s securities enforcement investigation. Students will consider the life cycle of an Enforcement Division investigation – from the first tips through collecting information through deciding whether a violation has occurred – and gain an appreciation of how to use investigative powers responsibly. The course will rely heavily on publicly-available primary documents, including lawyer work product like subpoenas, transcripts, court orders, complaints and motions. The course will also include case studies for students to try their hand at making decisions.

The course will focus on the goals and tools of law enforcement, including how to start, plan and conduct an investigation. It will contrast those investigations with similar efforts by journalists, investors, and other government agencies. It will also examine investigations from the perspective of defense lawyers – both conducting their own investigations and responding to the government – so that students may learn how to act on behalf of private clients. We want students to think about and prepare for the investigations that they’ll do in their careers.

Recommended: We do not assume students have taken any other classes. Prior or concurrent enrollment in Securities Regulation may give you some familiarity with issues covered in this class, but it is not necessary.

LAW 1432 v00 Government Lawyering (D.C. Advantage Practicum)

J.D. Practicum | 9 credit hours

In a D.C. Advantage practicum course, students participate in a weekly seminar and work for either 25 or 30 hours/week in a related placement they have secured themselves. This D.C. Advantage practicum is designed to teach law students to take their academic knowledge and adapt it to a practice of law in the federal government. Representing the government, either in litigation or in a regulatory or transactional practice, carries with it unique advantages and challenges. This course explores doctrinal topics from a government perspective and discusses some of the ethical challenges that face government lawyers. This course will give students a window into being a government lawyer, as well as enhance research, writing, and oral advocacy skills. Although the professor’s background and experience is largely in litigation, the class will cover topics that any government lawyer will face in his or her position.

SEMINAR: This seminar will focus on topics with which professionals working in government lawyering jobs must be familiar. Topics will include setting professional goals, identifying the government lawyer’s “client,” government privileges, cultural competence, Freedom of Information Act and the use of online communications in legal practice, ethics, litigating against the government, and work-life balance. Students will also produce a paper on a topic closely related to their fieldwork, and will present to the class on that topic. Students will earn 3 graded credits for the seminar.

FIELDWORK: Students in this program will work for either 25 or 30 hours per week, for at least 11 weeks, in a law-related government placement, and must be closely supervised by an attorney from that office. Students are responsible for finding their own placements, and must have the placement offer when applying to the program. They will earn either 5 pass/fail credits for 25 hours of fieldwork or 6 pass/fail credits for 30 hours/week of fieldwork.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Required co-requisite: Every student taking a D.C. Advantage practicum must concurrently enroll in at least one additional course that relates to the fieldwork he or she will be doing.

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and a clinic, externship, or another practicum course.

This course is mutually exclusive with all other D.C. Advantage practicum courses and the externship program (that is, a student may do only one D.C. Advantage practicum while at Georgetown Law and may not do both a D.C. Advantage practicum and an externship during his or her time here.) Students who completed one externship before Fall 2016 (when this rule went into effect) are eligible to take this course. Under no circumstances may participants in this course concurrently or subsequently enroll in an externship.

Note: This course is open to J.D. students only.

Students must apply to this program through an online application that will be made available during the Fall 2016 semester. We will update this page with a link to the application as soon as it is available.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. A student wishing to withdraw from the course will be withdrawn from both the seminar and fieldwork components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar, or one week of unexcused absences from the fieldwork or project work, may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1432 v01 Government Lawyering (Fieldwork Practicum)

J.D. Practicum | 9 credit hours

In fieldwork practicum courses, students participate in weekly seminars and perform fieldwork at outside organizations. This fieldwork practicum course is designed for students who will be working for either 20, 25, or 30 hours/week in a government lawyering placement that they have secured themselves and who wish to take an intensive three-credit companion seminar on government lawyering. Every participating student must also enroll in an additional course that relates to the fieldwork s/he will be doing.

SEMINAR: Representing the government, either in litigation or in a regulatory or transactional practice, carries with it unique advantages and challenges. This course explores doctrinal topics from a government perspective and discusses some of the ethical challenges that government lawyers face. This course will give students a window into being a government lawyer, as well as enhance research, writing, and oral advocacy skills. Although the professor’s background and experience is largely in litigation, the class will cover topics that any government lawyer will face in his or her position. Students will produce a paper on a topic closely related to their fieldwork, and will present to the class on that topic. Students will earn 3 graded credits for the seminar. Attendance is mandatory at all class sessions.

FIELDWORK: Students will work for either 20, 25, or 30 hours per week, for at least 11 weeks, in a law-related government placement, and must be closely supervised by an attorney from that office. Students are responsible for finding their own placements, and must have the placement offer when registering for the course. They will earn either 4 pass/fail credits for 20 hours of fieldwork/week, 5 pass/fail credits for 25 hours of fieldwork/week, or 6 pass/fail credits for 30 hours/week of fieldwork/week.

  1. Students can begin working toward their hours requirement (220, 275, or 330 hours over the semester) from the first day of regular, semester-long classes and must complete their hours requirement by the last day of classes.
  2. Students must be fully eligible to start work at their field placement (i.e., security clearances and background checks complete) by the day before Add/Drop ends or they will be dropped from the course.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. A student wishing to withdraw from the course will be withdrawn from both the seminar and fieldwork components.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Mutually Excluded Courses: This course is mutually exclusive with all externship courses; that is, you may not do an externship before or after taking this course. This course is also mutually exclusive with all D.C. Advantage practicum courses.

Students may not concurrently enroll in this course and a clinic, fieldwork practicum, or other externship course.

Note: This course is open to JD students only.

Students are responsible for securing their own government lawyering field placements. Students must be closely supervised by a licensed attorney (or someone otherwise qualified to supervise). Students may not be compensated for the work at their placement, nor may students work on pro bono matters at a for-profit entity. The Office of Public Interest and Community Service (OPICS) is available, by appointment, to discuss potential externship opportunities. You can also visit this webpage for additional advice on finding a placement.

Depending on the number of fieldwork hours completed, this is either a seven, eight, or nine credit course. Three graded credits will be awarded for the three-hour weekly seminar. Students will earn an additional four pass/fail credits for 20 hours/week of fieldwork, five pass/fail credits for 25 hours/week or fieldwork, or six pass/fail credits for 30 hours/week of fieldwork.

Every enrolled student must concurrently enroll in at least one additional course that relates to the fieldwork he or she will be doing.

THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Beginning June 6 (for both the fall and spring semesters), please email Professor Swinton (nms7@georgetown.edu) 1) the name of the office where you will be working 2) the name of your supervisor 3) your supervisor’s position within the organization 4) a brief (one paragraph) description of the work you will be doing and confirmation that this work is legal in nature 5) the number of hours per week you will be working (20, 25 or 30) and 6) the name of the additional course you will be taking to complement your fieldwork. Students will be admitted on a rolling basis until all seats are filled.

Please note that this course may be cancelled if fewer than 9 students enroll. In the event the course is cancelled, registered students will be offered seats in the Externships I seminar. Students in the Externships I seminar earn one graded credit for the seminar and either 2 or 3 pass/fail credits for either 10 or 15 hours/week of fieldwork.

LAW 008 v03 Government Processes

J.D. Course | 4 credit hours

This course examines the various instruments the legal system has to deal with social problems. It seeks to identify the advantages and disadvantages of each instrument as a means of dealing with social problems and to provide students with an understanding of why one rather than another instrument is chosen. This year the course will use the mortgage crisis as the vehicle for examining the different potential approaches. Upon analyzing the various options, the course will then undertake an in depth analysis of the regulatory state. The emphasis will be on institutional analysis, exploring the institutional roles of public and private actors in the regulatory state and the procedural framework within which those various institutional actors operate.

Note: This is a required course for first year students only.

LAW 341 v02 Great Philosophers on Law, Human Rights, and Obligations

J.D. Course | 2 credit hours

The course has a double purpose. It is designed to provide historical information about the developments in the meaning of “law” within the system of major philosophers and to offer the opportunity to the students “to do” philosophy in various historical and cultural context. In the first part of the semester the lectures and discussions focus on Antiquity; that is on the doctrine of Plato, Aristotle, Roman and Jewish thinkers, and Aquinas. In the second part they center on Modernity; that is, on the theories of Locke, Kant, Marx, as well as of representatives from the Positivist and Analytical Schools. The lectures intend to show that each of the selected thinkers made significant contribution toward the development of legal philosophy. The discussions and exercises are meant to help the students to finbd their own legal philosophy and to become philosopher-lawyers; that is, independently thinking advocates of justice – of justice rooted in the rich soil of the wisdom of all ages past and present.

LAW 1273 v00 Guantanamo Detentions Seminar

J.D. Seminar | 3 credit hours

In this seminar, students play the roles of law clerks to a judge on the U.S. District Court for the District of Columbia, shortly after the Supreme Court handed down its decision in Boumediene v. Bush. The students/law clerks are faced with a single habeas petition from a detainee at Guantanamo Bay. Drawing from their newfound knowledge of the Supreme Court’s Guantanamo precedents, previous habeas cases, and other sources, they will draft two opinions in the case. The first will decide the procedures to be used in the habeas hearings. The second will decide the merits of the case. Through this experience, students will both develop a deep knowledge of the body of Guantanamo case law and will gain a simulated clerkship experience, with a particular focus on opinion-drafting skills.

Prerequisite: Civil Procedure (or Legal Process and Society), Constitutional Law I: The Federal System (or Democracy and Coercion), and Legal Practice: Writing and Analysis.

LAW 1028 v00 Health Care Fraud and Abuse Seminar

J.D. Seminar (cross-listed) | 2 credit hours

One-fifth of the U.S. economy centers around health care industry sectors. This seminar examines criminal, civil and administrative tools used by federal and state enforcement authorities to police the U.S. healthcare system. We will focus on cases brought under federal and state False Claims Acts (FCA), the Anti-Kickback Statue (AKS), Stark laws, Federal Food Drug and Cosmetic Act (FDCA), and Foreign Corrupt Practices Act (FCPA). The seminar provides a survey of the enforcement activities of the U.S. Department of Justice (DOJ), the Office of Inspector General at Department of Health and Human Services (OIG), and state Medicaid Fraud Control Units (MFCUs) in matters against pharmaceutical and medical device manufacturing companies, physicians, hospitals, clinical practices, nursing homes, laboratories, and others. The seminar materials thoroughly cover the statues, safe-harbors, and regulations that govern the health care industry. We will also discuss risk mitigation strategies and compliance program best practices across industry sectors to provide insight into the impact enforcement has on (1) clinical decision-making, (2) costs to providers, payers, and patients, (3) patient safety, and (4) quality of care. In an effort to maintain a broad perspective with the diverse and frequently changing legal landscape in the area, in addition to the case book, materials discussed and presented in this course draw from news reports, trade publications, and U.S. government agency materials.

The class requires a paper of approximately 20-25 pages in length.

Recommended: Criminal Justice (or Democracy and Coercion) or Criminal Procedure.

LAW 2037 v00 Health Information Technology and the Law

LL.M Seminar (cross-listed) | 2 credit hours

Health care decision-making and innovation are increasingly driven and made possibly by vast stores of data. The importance of data has created an inevitable push-pull dynamic between concerns for confidentiality and demands for medical progress and cost containment. Data is both a privacy risk and a tremendous asset. This course will explore the legal and ethical issues at the intersection of health information, including where data comes from, how it is and should be protected, how it can be used, and risks to its integrity and security. In doing so, this course will cover a range of topics including health information privacy, future use of data assets, and conflicts of interest.

LAW 627 v00 Health Justice Alliance Law Clinic

J.D. Clinic | 10 credit hours

Please see the Health Justice Alliance Law Clinic website for more detailed information about the program.

For registration-specific supplemental materials, please see the Health Justice Alliance Law Clinic PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course.

LAW 206 v03 Health Law and Policy

J.D. Course (cross-listed) | 4 credit hours

Health law is a vast and expanding field. No single course can survey it all. This course focuses on the organization, financing, and provision of medical care, with an eye toward issues not yet resolved by courts, legislators, regulators, and American society. It also considers some related ethical questions. Topics and themes include the economics of health insurance and managed care, regulatory responses to the market's perceived failures, medical tort law, access to care, consumer choice and patient autonomy, defining and assessing quality, health care providers' conflicts of interest, privacy and confidentiality, and socio-economic and racial disparities in health and medical care.

LAW 2076 v00 Health Law and Regulation

LL.M Course (cross-listed) | 3 credit hours

Beyond health insurance and the delivery of health care, goods and services related to individual and public health are highly regulated in the United States, and often serve as a basis for international regulations. These goods and services are a large and growing part of the U.S. and world economy, with some estimates being that more than one-quarter of U.S. food and medical products are regulated by the FDA alone. This regulation is carried out directly by a variety of State and Federal agencies (such as the FDA, the CDC, and the NIH) as well as indirectly through the purchasing power of federally financed programs, such as Medicare.

This course will include an introduction to the basic legal and regulatory frameworks within public health and an overview of the Constitutional limits and policy choices that have led to current law. The course will then move to a review of several major fields of regulation. From a high-level, this includes the regulation of health professionals, health systems, and medical or food products impacting human health. The course will then conclude with an examination of several contemporary problems, such as the safe and effective use of human drug products, infectious-disease prevention and control, ethical research practices, and rationing and allocation of limited resources.

The primary objective of the course is to teach students about the regulation of public health at the intersection of state and federal levels, recognizing that such regulatory frameworks often become the template for international policies. Students will be called on to learn the basics of two fundamental statutes—the Public Health Service Act (PHSA) and the Food, Drug and Cosmetic Act (FDCA). Students will also be called upon to follow examples of administrative change under these statutes, each year analyzing a new set of proposed regulations and sub-regulatory guidance documents. By the end of the course, students will be able to describe the major means by which goods and services used in both personal and public health are controlled, as well as areas in which future changes are likely.

Currently, there is no text or case book on this subject. The primary readings will be assigned by the professor.

LAW 1220 v00 Health Law Policy and Practice: Representing Providers

J.D. Seminar | 2 credit hours

This course will provide an introduction to the skills necessary to represent health care providers before Congress, regulatory agencies and the courts—skills that are translatable to many other areas of practice. During the course of acquiring these skills, students will obtain a working knowledge of those provisions of federal and state law that are critical to the representation of health care providers in today’s changing environment, including federal and state anti-kickback laws; restrictions on physician ownership of health care facilities; the application of the false claims act to health care providers; federal and state health care privacy laws; and federal laws related to tax exempt organizations. Some of these topics will be presented by guest lecturers who have particular and practical expertise in the issues involved.

After an introduction to each topic, students will be called upon to use the knowledge obtained to represent mock “clients.” Simulations will call upon students to write opinion letters, lobby “legislators”; comment on proposed regulations; and negotiate deals with each other as opposing counsel. Students will also take their turns as clients, legislators, and regulators, in order to gain insight into the challenges faced by health care providers and their counsel.

LAW 1500 v00 Hebraic Jurisprudence: From the Bible through the Rabbis

J.D. Course | 1 credit hour

Jewish law is among the most, if not the most, ancient legal systems in the world, which remains active in contemporary times. Moreover, doctrines and principles of Hebraic jurisprudence have had a lasting influence on the Western legal tradition. While some of its innovations have been incorporated into general legal thought to a degree that they seem obvious to most, other conceptions of Jewish law remain unique, and fundamentally diverge from prevailing legal theories. Thus, the contribution of Hebraic jurisprudence is not merely historical; it retains the power to challenge our legal world by exposing new directions in legal thought.

In this course, we will focus on two of the formative periods of Jewish law – biblical law and rabbinic law – as well as the transition between these periods. We will highlight some of the main legal themes which were formed and crystallized during these periods, and which still possess the power to provoke creative legal thought even today. Among the topics we will discuss are the following: the jurisprudential tension between revelation and wisdom; the status of natural law; various theoretical models of legal development; the role of legal pluralism; the difference between a rights-based discourse and a duty-based discourse; and the concept of ownership.

The purpose of the course is to analyze Hebraic jurisprudence on these topics, while comparing it to contemporary jurisprudential theories. In this manner, we shall attempt to provoke new directions of thought on familiar legal issues.

Note: This course will meet on Mondays and Wednesdays, 9:00 a.m. - 11:00 a.m. on the following dates: 1/29, 1/31, 2/5, 2/7, 2/12, 2/14 and Thursday, 2/22 (Monday classes meet on this day).

LAW 845 v00 Hedge, Private Equity and Other Private Funds

LL.M Course (cross-listed) | 2 credit hours

This course will provide an in-depth look at the structure of, and law applicable to private funds, which are pooled investment vehicles designed to operate outside of the scope of the U.S. Federal securities laws. Among the investment vehicles to be studied are hedge funds, private equity funds, and venture capital funds. The course will begin with an examination of the exclusions and exceptions under the U.S. Federal securities laws on which private funds and their managers seek to rely in operating beyond the reach of those laws. The course will then turn to a consideration of the ever-increasing regulations from private funds formed under U.S. law and their sponsors and managers cannot escape. The next segment of the course will center on business, tax and marketing considerations faced when organizing and operating private funds. The last segment will include a “how-to” class devoted to the drafting of the documents underlying private funds and a class examining “hot button” issues of the day for private fund sponsors and managers. [Formerly titled "Non-U.S. Regulated Investment Vehicles" and “Hedge Funds, Private Equity Funds and Other Similar Investment Vehicles”]

Prerequisite: Securities Regulation.

Note: DISTANCE STUDENTS REGISTER FOR CRN#: 35372. This course is open to both on-campus and distance students. DISTANCE STUDENTS WILL BE REQUIRED TO ATTEND LIVE VIA ZOOM VIDEOCONFERENCING AT THE SPECIFIED MEETING TIMES. Only students enrolled in the Executive LL.M. in Taxation, the Executive LL.M. in Securities & Financial Regulation, and the MSL programs may take this course on a distance basis. All J.D. students and resident LL.M. students may not enroll in this course on a distance basis.

LAW 311 v01 Higher Education and the Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

Higher education plays a singular role in our society. Colleges and universities are complex organizations and institutions with unique missions to discover, create and transmit knowledge, and to further social mobility. Higher education intersects with the law in a myriad of ways. This course examines the legal issues that shape higher education, particularly in the United States. The course covers the distinctions between public and private colleges and universities, religion and higher education, accessibility to and financing of higher education, academic freedom, shared governance, admissions, free expression, privacy and freedom of association, campus safety with a particular focus on sexual assault, and issues of race, disability, gender and sexual orientation. We will consider student rights and responsibilities, faculty issues concerning research ethics and the classroom, and the roles of presidents, governing boards, and university general counsels. Materials include relevant statutes and cases as well as readings from related fields. Our goal throughout the course will be to understand the breadth of issues faced by higher education in the United States in pursuing its mission, and the ways in which legal rules and norms relate to these issues.

Recommended: Prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 216 v02 Historic Preservation Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

In recent decades, the preservation of historic buildings, neighborhoods, and landscapes has become a significant basis for regulation of private property, as well as an important motive for public and charitable ownership. In the District of Columbia, for example, there are over 25,000 buildings and 43 historic districts protected. This seminar examines the theory and practice of historic preservation. The practical focus of the course will be on the nationally significant law and institutions in the District of Columbia and how they might be improved. Students will have opportunities to hear from recognized preservation experts and architects, visit several districts, attend public proceedings of the DC Historic Preservation Board, and meet with actual participants in controversial preservation battles. Each student must complete a substantial original research paper, as the seminar satisfies the upperclass writing requirement.

Recommended: Constitutional Law and/or Land Use Law.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.
Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 1410 v00 History of Modern Legal Thought

J.D. Course (cross-listed) | 1 credit hour

Legal thought is influenced by political, intellectual and cultural trends and fashions. The aim of this course is to provide an overview of the history of modern legal thought, in Europe and North America, and link developments in legal thought to political and cultural changes. The first part of the course will focus on the emergence of modern legal thought in continental Europe and England in the last decades of the eighteenth century and the first half of the nineteenth century. Among the topics that will be discussed will be codification, the Historical School of Law, and mid-nineteenth century evolutionary theories of law. Most of the second part of the course will be devoted to the history of American legal thought, discussing late-nineteenth century legal science, early twentieth century anti-formalist approaches, and finally interwar and postwar American legal thought. Grades will be based on class participation and a take-home exam. The course may be taken on a pass/fail basis.

Note: This course will meet in Fall 2016 on Wednesdays and Fridays, 9:00 am - 11:00 am on the following dates: 10/5, 10/7, 10/14, 10/19, 10/21 (class will meet from 9:00 am - 12:00 pm), and 10/26.

LAW 220 v02 Homelessness, Poverty, and Legal Advocacy Seminar

J.D. Seminar | 2 credit hours

This seminar will explore the many facets of homelessness and poverty and the role of legal and community advocacy in addressing its causes and alleviating its consequences. Students will be introduced to the myriad societal problems and individual challenges that intersect in homelessness and will work on developing solutions to those problems and challenges. Throughout the semester, the class will be building towards developing a strategic advocacy plan to address one of these problems/issues. Students will develop the skills needed to lay the groundwork for such plan to become a reality. The course will be very skills focused, exploring the variety of tools in a public interest lawyer's tool box that stretch beyond traditional notions of legal practice.

Throughout the semester, students will engage in a number of in-class problem solving exercises which will require students to identify a client's problem(s) or issue(s); define the client's goals; and develop advocacy strategies to help the client attain those goals.

Each student is required to commit to a brief "service-learning" activity, connecting directly with a person or people who are homeless or at risk of homelessness. This could include serving a meal at a soup kitchen; taking a "Street Sense" vendor to lunch; helping a job-seeker prepare a resume; or another activity which is of interest to the student and well-suited to the student's talents and gifts.

In lieu of one research paper, students will develop a portfolio of written materials to advance an advocacy strategy centered around a substantive topic of the student's choosing. The portfolio will include: strategic advocacy plan; sign-on or "dear colleague" letter; advocacy letter; fact sheet; testimony; social media materials; outreach materials and a plan for a community meeting.

Learning Objectives:

Our objective is for students to gain an understanding of the complex legal and social issues that intersect in homelessness, as well as the different ways lawyers can address such issues. We want students to think "outside the box" of a traditional law practice and become familiar with other tools that can help clients achieve their goals. Students will learn about the considerations that go into developing an advocacy strategy and how to prepare the materials needed to implement that strategy, crafting advocacy messages for varied audiences and decision-makers.

LAW 1403 v00 Hot Topics in Antitrust

J.D. Seminar (cross-listed) | 2 credit hours

Antitrust is dynamic. In regulating business strategy, competition law is only as effective as its understanding of each industry’s idiosyncrasies. Novel business practices reflect changing technologies, market conditions, and strategies. Antitrust lawyers do not simply master doctrine. Fluent in the basic principles of antitrust law and economics, they understand industry conditions and the enforcement agencies’ agendas. Above all, they stay abreast of cutting-edge developments in the law.

This seminar bestows that understanding. We will discuss today’s most hotly debated antitrust questions, explore how foreign jurisdictions’ competition laws and enforcement ideals deviate from U.S. practice, and delve into the industry-specific issues that arise in fields ranging from healthcare to wireless technology.

Major points of focus include the evolving relationship between antitrust law and intellectual-property rights. We shall discuss post-Actavis issues in the pay-for-delay space, including no-authorized-generic promises by pioneer-drug manufacturers and whether the continuation of infringement litigation immunizes a reverse payment. Outside of the life sciences, urgent questions involve antitrust limits on IP aggregation by patent-assertion entities and practicing firms. Further, when does a “privateering” agreement between a practicing entity and a PAE implicate competition law? Does the owner of a standard-essential patent violate antitrust law in seeking to enjoin a technology user despite its prior assurance to license on reasonable and nondiscriminatory terms? We shall also address antitrust limits on patent licensing and refusals to deal. Agency guidelines overseas, such as in China, and enforcement actions in Asia more broadly hint at the direction of international antitrust in this area.

In the larger field of antitrust and technology, some commentators argue that big data and privacy may implicate competition policy. In 2016, Germany’s Federal Cartel Office accused Facebook of abusing its dominance based on privacy and big-data theories. Do those allegations hold water? A recurring problem in antitrust, which has emerged anew in the pharmaceutical industry, is predatory innovation. A separate development goes to the nature of actionable conspiracies where the lines between vertical and horizontal agreements become blurred. The Apple e-Books saga, which came to an end in March 2016 when the Supreme Court denied cert., has important repercussions for the law in this space. We shall also address the ongoing debate about the reach of Section 5 of the FTC Act, which allows the FTC to reach beyond the Sherman Act to condemn unfair methods of competition. The FTC’s controversial 2015 statement of enforcement principles on Section 5 features here, and we shall ask whether it makes sense that the Justice Department and FTC can subject firms to distinct liability standards. We shall touch on pending legislation, the SMARTER Act, which touches upon those issues. A critical antitrust issue that remains unresolved is the scope of Noerr-Pennington immunity. Finally, we will discuss contemporary issues in healthcare-merger oversight.

Recommended: Prior or concurrent enrollment in a basic antitrust course.

LAW 209 v00 Housing Today: Lawyering Affordable Housing Seminar

J.D. Seminar | 2-3 credit hours

This seminar will examine how traditional lawyer skills are utilized and essential to provide affordable housing under today's federal housing programs. Emphasis will be on the economic and legal problems in producing affordable housing; this course does not cover owner-tenant relations and tenant rights issues. After an overview of current federal housing programs, the seminar examines the litigator's role in representing owners, and governmental bodies involved in HUD programs. Also examined will be the role of the tax, securities and business lawyer in the syndication of partnership interests in projects that qualify for the low income housing tax credit. The seminar also examines the role of the lawyer-lobbyist in shaping housing legislation, as well as the administrative lawyer in representing clients before the Department of Housing and Urban Development and other federal agencies. [This course is offered in alternate years with the Homelessness and Legal Advocacy Seminar.]

Recommended: Federal Income Taxation (formerly Taxation I); Property.

Note: This course requires a paper. Students must register for the 3 credit section of this course if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1603 v00 How to Regulate

J.D. Course | 3 credit hours

description forthcoming

Note: This course is a first-year elective. First-year day students select an elective offered in the spring.

LAW 1408 v00 Human Genetic Engineering: Law and Policy

J.D. Seminar (cross-listed) | 2 credit hours

This two-credit seminar will open a window into the fast-developing world of human genetic engineering. It begins with a review of international and regional efforts to ban or restrict human germline modification (HGM), along with a brief world overview of relevant laws and trends. It then focuses on cutting-edge techniques like CRISPR/Cas9 and organized research efforts, particularly in China, that may nonetheless spark a race to create designer babies within a decade or less, as regulation lags behind technology and human affairs. Next, we examine two more well-established reproductive technologies, mitochondrial replacement and pre-implantation genetic diagnosis (PGD), to identify forces that are likely to guide HGM regulation as relevant technologies become safer and more efficient. We'll study the U.K.'s recent adoption of mitochondrial transfer to reduce birth defects or enhance fertility and then learn about evolving U.S. policy. We'll follow the spread of PGD, initially used to identify embryos bearing genes causing incurable childhood diseases, first to other less serious conditions, then to the creation of "savior siblings" and finally to non-medical uses like sex selection. Then we'll return to HGM and view a sample of public policy proposals and religious views likely to influence the coming debate. Finally, we'll close with an introduction to futuristic impulses to implement theoretically limitless improvements to human capabilities, sometimes balanced by the desire to use HGM to improve human moral character and tempered by doubts regarding the moral status to be accorded new HGM creations.

LAW 1091 v00 Human Rights at the Intersection of Trade and Corporate Responsibility

J.D. Practicum | 5 credit hours

Over the past two decades, corporations have found themselves at the center of a growing discussion about their appropriate roles and responsibilities in addressing a range of human rights issues. Non-governmental organizations (NGOs) have led the push for stronger rules to govern the relationship between business and human rights.

At the same time, an increasing number of companies have engaged in a range of voluntary initiatives addressing workplace standards and labor practices, environmental stewardship, corruption concerns, and other issues. These companies have seen such initiatives as a framework for managing risk (including the threat to reputation and of regulation or litigation), a potential source of competitive advantage (given growing interest in industry “best practices”), and as promoting a more level playing field.

This class is designed to expose and involve students in addressing the challenges facing business in integrating the emerging international norms on corporate accountability. It will begin with several sessions designed to provide the foundations of relevant legal and policy developments. It will also include an examination of concepts of corporate responsibility and corporate accountability, the relationship between the rules governing trade and international labor standards, and the human rights challenges encountered in a global supply chain. Later sessions will focus on specific research assignments (as described below).

Throughout the course, students will be asked to examine the various approaches and differing roles of key stakeholders, including by taking on the roles of corporations, NGOs/civil society groups, and governments. The class will be divided into three groups for purposes of this “role playing” – with each section asked to adopt the three different set of perspectives during the course of the semester, both in students’ individual analysis of assigned readings and in group sessions during some of the classes.

Students also will approach these issues through hands-on “experiential” work with a new initiative under the auspices of one of the most well-established multi-stakeholder initiative, the Fair Labor Association (FLA), based in Washington. Thus, while covering the theoretical and practical issues involved in the ongoing discussion about business and human rights, students will also engage with a newly- established multi-stakeholder entity intended to promote more sustainable global supply chain policies and practices.

The Forum, established under the FLA, is designed to provide a space for discussion of human rights, labor, and environmental challenges associated with global business operations. The Forum will focus on supply chain challenges – including the impact on individuals, communities and the environment. It will receive requests from stakeholders that reflect a constellation of challenges – affecting both workers and communities. The Forum will work to identify gaps between existing legal/regulatory frameworks and any voluntary initiatives.

As a core element of the course, students will participate with Forum staff in issue framing, will conduct legal research on existing hard and soft law mechanisms and gaps, will conduct interviews with stakeholders, will help identify goals and impediments as well as areas of possible consensus, and will work to develop creative strategies to address these concerns. In doing so, the class seeks to develop students’ capacity to provide objective, critical analysis of regulatory gaps and implications for human rights, labor rights, and environmental protection.

Prerequisite: Students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective). There are no formal course requirements, but some basic familiarity with international trade and human rights law is assumed. The International Law II, International Trade, International Trade Law or World Trade Organization: Law, Policy and Dispute Settlement courses may be taken concurrently with this course – and, while not required as a prerequisite, will prove beneficial.

Mutually Excluded Courses: Students may not receive credit for both this practicum course and the seminar Human Rights at the Intersection of Trade and Corporate Responsibility or The iPad’s Human Cost Seminar: Corporate Accountability for Workers in the Global Supply Chain.


Students may not concurrently enroll in this practicum course and a clinic or another practicum course. Students may concurrently enroll in this practicum course and an externship.

Note: This is a 5 credit course. 2 credits will be awarded for the 2-hour weekly seminar and 3 credits for approximately 15 hours of supervised work per week, for a minimum of 11 weeks. Both the seminar portion and the supervised work will be graded.

THIS COURSE REQUIRES PROFESSOR PERMISSION.

Interested students should submit both a resume and a short statement of interest referencing any relevant course work, internships, field work, or other related experience to the professors via email by June 3, 2013 to: mer79@law.georgetown.edu (for Meg Roggensack); erb37@law.georgetown.edu (for Eric Biel); and saltschuller@foleyhoag.com (for Sarah Altschuller).

Students who enroll in this course will be automatically enrolled in both the seminar and practicum components and may not take either component separately. A student wishing to withdraw from the course will be withdrawn from both the seminar and field work components.

LAW 370 v02 Human Rights at the Intersection of Trade and Corporate Responsibility

J.D. Seminar (cross-listed) | 2 credit hours

Corporations today have a global scale as well as an impact that matches or sometimes exceeds that of governments. Their activities -- from sourcing of raw materials, to processing and production of intermediate or finished goods, to distribution and sale -- have major consequences not only for the human rights of their employees but also for the rights of the individuals and communities impacted by their operations. In many countries, government regulation and oversight are either absent or largely ineffective. Companies in turn struggle to define their responsibilities in the face of these "governance gaps" -- particularly where requirements under national law fall short of international standards in areas such as hours of work and safety and healthy.

A robust and often contentious debate over these issues culminated in the development of the U.N. Guiding Principles on Business and Human Rights (the “UNGPs”) under the leadership of Special Representative John Ruggie. These Principles establish a framework for considering the respective roles of governments and corporations and outline core concepts of human rights due diligence and effective remedy. In doing so, the UNGPs also inform and to some extent refocus efforts that have emerged over the past 20 years to address these governance gaps and have brought together stakeholders from business, labor, civil society, the investment community, and academia.

At the same time, in recent years there has been an increased push from civil society groups and certain governments to go beyond these "voluntary" efforts and develop a binding business and human rights treaty mechanism; this has met with strong opposition from business and many other governments, including the United States.

Even as "non-regulatory" approaches remain the predominant means of addressing various business and human rights challenges, there also has been a growing focus in recent years on tools through which national governments and international institutions could exercise greater leverage. This includes advocacy for stronger labor and other human rights language in trade agreements, one-way trade preference programs, procurement standards, and the rules and guidelines applied by international financial institutions -- coupled with more aggressive enforcement of those criteria. Expanded efforts to advance that "regulatory" approach in trade policy and elsewhere in some cases has been met with resistance from governments and business, but there also have been examples of emerging consensus among a diverse range of stakeholders.

This course introduces students to this quickly-evolving business and human rights landscape, including the diverse set of multi-stakeholder initiatives -- some, but not all, of which include government participation. We will discuss the guidance provided by the UNGPs and other instruments, the range of stakeholders and how they engage with one another, tools utilized by governments and corporations to implement human rights standards, and how all of these interact in the context of both sector-specific and cross-cutting legal and policy challenges.

Among the questions the course will examine are:

  • Which human rights standards are most relevant to business?
  • What are the appropriate linkages between business policies and practices and the promotion of human rights?
  • Which business and human rights approaches are emerging as “best practices" and perhaps even as recognized norms?
  • What tools to support those are being used by governments and corporations?
  • Who are the principal stakeholders and what are their roles and objectives?
  • What are the strategies for addressing business and human rights "governance gaps" at the national and international levels?
  • What are the opportunities for increased integration of labor/human rights and trade policies, and what are the limitations?
  • What mix of mandatory/regulatory and voluntary/“self-regulatory” approaches has been utilized in different situations to advance human rights objectives? Which approaches have been most effective?
  • How are various business and human rights challenges playing out in specific sectors, and how do these inform the debate about different approaches?

To address these and other key questions, the course will begin with several sessions setting out the relevant legal and policy developments, with special attention to the UNGPs. It will also include a review of different stakeholders and their roles and interests, and examination of concepts of corporate responsibility and corporate accountability, and an analysis of the various approaches to business and human rights advanced by companies, governments, labor, civil society, and through multi-stakeholder initiatives. The second half of the semester will then focus on how these concepts are being applied in particular sectors to address specific business and human rights challenges.

Throughout the course, students will be asked to examine the various approaches and differing roles of key stakeholders, including by playing the roles of those addressing the key issues from the perspectives of corporations, civil society and unions, and governments. The class will be divided into three groups for purposes of this “role playing” -- with each asked to adopt all three perspectives during the course of the semester, both in students’ individual analyses of assigned readings and in group sessions during certain classes.

Learning Objectives:

Introduction to business and human rights landscape, including legal and policy developments, particularly the UN Guiding Principles on Business and Human Rights. The course reviews different stakeholders and roles, examines concepts of corporate responsibility and accountability, and analyzes various approaches to business and human rights advanced by stakeholders. The course will also familiarize students with sector specific business and human rights challenges.

Recommended: There are no formal course requirements, but some basic familiarity with international trade and human rights law is assumed.

Mutually Excluded Courses: Students may not receive credit for both this seminar and the practicum course Business and Human Rights (formerly Human Rights and Multinational Business).

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 034 v07 Human Rights Fact-Finding (Project-Based Practicum)

J.D. Practicum | 6 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professor(s). This project-based practicum course is designed to support students participating in the Human Rights Institute (HRI) Fact-Finding Project. Through this course, students will gain the substantive background and skills needed to carry out a human rights investigation from beginning to end. Each year, the HRI Fact-Finding Project has focused on a policy-relevant human rights issue, including migrants’ rights, children’s rights, and the role of human rights in the global economy. In the fall, students will participate in a weekly two hour/week seminar and carry out 5 hours/week of project work under the direction of the professor. Over Week One, students will travel to carry out a fact-finding investigation. In the spring, students will participate in a two hour/week seminar every other week and carry out 10 hours/week of project work. For this course, students will work closely with the HRI Dash/Muse Fellow and Professor Fanny Gomez-Lugo in conceptualizing and implementing each step of the Project. Professor Gomez-Lugo is currently the Senior Director for International Policy and Advocacy for the Heartland Alliance’s Global Initiatives for Human Rights. Previously, she coordinated the work of the Rapporteurship on the Rights of Lesbian, Gay, Bisexual, Trans and Intersex (LGBTI) Persons of the Inter-American Commission on Human Rights.
 

SEMINAR: In the fall, the seminar will cover the substantive law and policy relating to the fundamental rights of LGBTI individuals in the Americas, as well as human rights fact-finding skills and methodology. In the spring, seminar classes will meet every other week and focus on the production of a human rights fact-finding report and the conduct of related advocacy. Seminar sessions will be designed to guide students through each step of the human rights fact-finding process.
 

PROJECT WORK: Students will research a human rights problem in depth, conduct extensive outreach and interviews on the subject, draft a comprehensive report on their findings, and engage in related advocacy. In January 2018, during ‘Week One,’ the group will travel on-site to conduct interviews with relevant stakeholders. Georgetown Law will cover travel expenses. Students will also be expected to meet on their own throughout the academic year.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).
 

Recommended: Courses such as International Law I and International Human Rights Law would be helpful to participants, but are not required.

Mutually Excluded Courses: Students may not concurrently enroll in this practicum course and a clinic or another practicum course. Students may concurrently enroll in this practicum course and an externship.

Note: This course is open to both J.D. and LL.M students.

This practicum course may be suitable for evening students with flexible work schedules. Interested evening students should contact Dash/Muse Fellow Ashley Binetti (ab2242@georgetown.edu) to discuss their particular situation.

THIS COURSE REQUIRES HUMAN RIGHTS INSTITUTE PERMISSION TO ENROLL. Applications (comprised of a statement of interest, a resume, and a writing sample) are due by 12:00 noon on Monday, April 10, 2017, the same day that clinic applications are due. Admitted J.D. students will be informed of HRI’s decision on their application before they are required to make a clinic decision. Selected students will be required to accept or decline an offer to join the project by COB on April 26, 2017. Students who have missed this deadline should contact Dash/Muse Fellow Ashley Binetti (ab2242@georgetown.edu) to inquire whether seats are still available. Selection criteria include but are not limited to: a demonstrated commitment to human rights, experience interviewing or working with individuals affected by human rights violations, ability to work independently and in a group, ability to complete complicated tasks on a deadline, and language skills. Additional information is available at www.humanrightsinstitute.net.

This is a six-credit course. Three credits will be awarded in the fall; two for the seminar and one for the approximately five hours of project work per week, for a minimum of 11 weeks. Three credits will be awarded in the spring; one for the seminar and two for the approximately 10 hours of project work per week, for a minimum of 11 weeks. Both the seminar portion and the project portion will be graded. One grade will be given for the fall semester and another grade for the spring semester.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar, or one week of unexcused absences from the fieldwork or project work, may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 034 v08 Human Rights Fact-Finding (Project-Based Practicum)

J.D. Practicum | 6 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professor(s). This project-based practicum course is designed to support students participating in the Human Rights Institute (HRI) Fact-Finding Project. Through this course, students will gain the substantive background and skills needed to carry out a human rights investigation from beginning to end. Each year, the HRI Fact-Finding Project has focused on a policy-relevant human rights issue, including migrants’ rights, children’s rights, LGBT rights, and the role of human rights in the global economy. In the fall, students will participate in a weekly two hour/week seminar and carry out 5 hours/week of project work under the direction of the professor. Over Week One, students will travel to carry out a fact-finding investigation. In the spring, students will participate in a two hour/week seminar every other week and carry out 10 hours/week of project work. For this course, students will work closely with the HRI Dash/Muse Teaching Fellow Ashley Binetti and Professor Melysa Sperber in conceptualizing and implementing each step of the Project. Professor Sperber is currently the Director of Public Policy & Government Relations at Humanity United and Humanity United Action. She advocates before Congress and federal agencies on policies to combat human trafficking and prevent violent conflict, and she oversees the foundation’s public policy and government relations portfolio. Previously, she was Director of Human Rights at Vital Voices Global Partnership, where she implemented programs in more than 20 countries to combat violence against women, including human trafficking, domestic violence, and sexual violence.

SEMINAR: In the fall, the seminar will cover the substantive law and policy relating to human trafficking, as well as human rights fact-finding skills and methodology. In the spring, seminar classes will meet every other week and focus on the production of a human rights fact-finding report and the conduct of related advocacy. Seminar sessions will be designed to guide students through each step of the human rights fact-finding process, including project design, interviewing, reporting writing, and advocacy.

PROJECT WORK: Students will research a human rights problem in depth, conduct extensive outreach and interviews on the subject, draft a comprehensive report on their findings, and engage in related advocacy. In January 2019, during “Week One,” the group will travel on-site to conduct interviews with relevant stakeholders. Georgetown Law will cover travel expenses. Students are also expected to meet on their own as a team throughout the academic year.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Recommended: Courses such as International Law I and International Human Rights Law would be helpful to participants, but are not required.

Mutually Excluded Courses: Students may not concurrently enroll in this practicum course and a clinic or another practicum course. Students may concurrently enroll in this practicum course and an externship.

Note: This course is open to both J.D. and LL.M students.

This practicum course may be suitable for evening students with flexible work schedules. Interested evening students should contact Dash/Muse Fellow Ashley Binetti (ab2242@georgetown.edu) to discuss their particular situation.

THIS COURSE REQUIRES HUMAN RIGHTS INSTITUTE PERMISSION TO ENROLL. Applications (comprised of a statement of interest, a resume, and a writing sample) are due by 12:00 noon on Monday, April 9, 2018, the same day that clinic applications are due. Admitted J.D. students will be informed of HRI’s decision on their application before they are required to make a clinic decision. Selected students will be required to accept or decline an offer to join the project by COB on April 25, 2018. Students who have missed this deadline should contact Dash/Muse Fellow Ashley Binetti (ab2242@georgetown.edu) to inquire whether seats are still available. Selection criteria include but are not limited to: a demonstrated commitment to human rights, experience interviewing or working with individuals affected by human rights violations, ability to work independently and in a group, and ability to complete complicated tasks on a deadline. Additional information is available at www.humanrightsinstitute.net.

This is a six-credit course. Three credits will be awarded in the fall; two for the seminar and one for the approximately five hours of project work per week, for a minimum of 11 weeks. Three credits will be awarded in the spring; one for the seminar and two for the approximately 10 hours of project work per week, for a minimum of 11 weeks. Both the seminar portion and the project portion will be graded. One grade will be given for the fall semester and another grade for the spring semester.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar, or one week of unexcused absences from the fieldwork or project work, may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1621 v00 Human Rights Seminar: The Role of Human Rights Defenders

J.D. Seminar (cross-listed) | 2-3 credit hours

Human rights defenders play a critical role in the protection and promotion of internationally recognized human rights and fundamental freedoms. Their work is essential to achieve the core objectives of the United Nations and its Member States at national, regional, and international levels. This seminar will explore the evolving international legal framework for the protection of human rights defenders. We will consider the realities that prompted the international community to establish norms, create mechanisms and processes, and formulate policies to ensure that human rights defenders can safely engage in their vital work under different political, economic, and social conditions. The seminar will also examine how the norms governing human rights defenders enrich the human rights protection framework as a whole—improving the chances of its implementation at the national level. This seminar will also consider the role and responsibility of key human rights agencies within the international system, such as the United Nations High Commissioner for Human Rights, and how the scope of their mandates accommodates development of the human rights defenders framework.

Note: This course requires a paper. J.D. students must register for the 3-credit section of the course if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the 2-credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1286 v00 Human Trafficking and Modern Slavery in the 21st Century: Legal Perspectives

J.D. Seminar (cross-listed) | 2 credit hours

Slavery has been a phenomenon that has existed since before written history, yet it is only in the last 200 years that efforts to abolish it have gained traction. Today, increasing mobility, global supply chains, and continued social discrimination have created the environment for ongoing human exploitation, even though the formal practice of chattel slavery, or the legal ownership of one human being by another, is illegal virtually everywhere. Indeed, some estimate that there are more slaves today than at any other time in human history. Most recently, efforts to eliminate severe forms of human exploitation are being made under the banner of ending human trafficking (formally trafficking in persons).

This course will provide students an overview of the multiple legal perspectives on combatting human trafficking and modern day slavery. This will include the definitional tensions between different perspectives, alternative approaches to addressing severe human exploitation, and an overview of the current U.S. legal framework for eradicating human trafficking and modern slavery. Attention will be paid to commonly recognized principles in human rights, criminal and labor law, but also in such areas as international business, international adoption and international humanitarian law. The class will use a range of materials, including international treaties, decisions of international tribunals, congressional testimony, and legislative history (including floor statements, committee reports, and multiple versions of legislation, among others). At the conclusion of the class, students should be able to recognize the pervasive nature of modern day human exploitation and be able to identify risks of human trafficking in most areas of practice they may choose in the future.

Recommended: A prior course in public international law or international human rights.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Human Trafficking in International and Transnational Law.

LAW 037 v00 Immigration Law and Policy

J.D. Course (cross-listed) | 3 credit hours

This course will examine the U.S. immigration system through legal and policy perspectives. We will explore the source, scope and constitutional limits of congressional power to regulate immigration; the executive branch implementation of immigration legislation, particularly procedures for entry and removal, and the extent of, as well as constitutional constraints on, Presidential power; and the administrative and judicial review of executive branch action. Close attention will be paid to how membership laws and policies are established and implemented: What laws and policies govern U.S. citizenship? Who is eligible to become a legal immigrant? How are annual admissions numbers set? How and why are family and employment priorities created? How does the U.S. protect refugees? With respect to the arrival of unaccompanied children from abroad, we will consider the laws and policies that govern how the U.S. government treats them. Unauthorized migration will also be examined to understand why some migrants do not use the legal route into the U.S. and what laws and policies the U.S. has in place to deter such unlawful movements at the border and presence in the interior. We will analyze the impact of the major 1996 immigration control legislation and its implementation, with particular attention to detention and removal. We will closely examine the role of the Justice Department’s Immigration Courts, with special attention to access to justice issues. We will explore the extraordinary need for, and challenges of, immigration law reform, as well as the particular situation of the Dreamers, children without lawful immigration status brought to and raised in the United States by their parents. Finally, we will examine issues of federalism with respect to states’ attempts to address unauthorized immigration and consider immigration law in the national security context. This is an exam course.

LAW 037 v02 Immigration Law and Policy

LL.M Course (cross-listed) | 2 credit hours

This class will cover the constitutional and political framework for the U.S. Immigration System, enforcement and adjudication agencies, immigrants, nonimmigrants, removals and deportations, detention and bond, immigration hearings, judicial review, grounds for removal and inadmissibility, “crimmigration,” immigration reform, “Chevron” deference, refugee and asylum status and other international protections. It will also include reading and analyzing major immigration cases like INS v. Cardoza-Fonseca, 480 U.S. 421 (1987) (well-founded fear) and Matter of Kasinga, 21 I&N Dec. 357 (BIA 1996) (female genital mutilation).

Mutually Excluded Courses: Students may not receive credit for both this course and National Security Law Through an Immigration Framework.

Note: This class will meet on the following Summer 2018 dates: 5/29, 5/31, 6/5, 6/7, 6/12, 6/14, 6/19, 6/21, 6/26. Withdrawals are permitted up until the last class for this specific course.

LAW 939 v00 Immunity Under International Law

LL.M Seminar (cross-listed) | 1 credit hour

The attempted extradition of Gen. Pinochet from the U.K. to Spain to account for torture and disappearances in Chile, a tragic car accident in Washington, D.C. in which a sixteen year old is killed by a Georgian diplomat, the alleged expropriation of your corporate client’s investment interests by a foreign government, a civil lawsuit against President Mugabe of Zimbabwe during a visit to the U.S., a criminal case in Chicago against a foreign consular officer for aiding and abetting a fugitive -- such cases bring into sharp relief the operation of international immunities. This mini-course aims to introduce students to the range of jurisdictional immunities recognized by international law and how they are implemented in domestic law. We will cover diplomatic and consular immunity, sovereign (or state) immunity, the immunities accorded to heads of state and government, and the special status of international organizations and their staff and member representatives, including the United Nations, its specialized agencies and individuals on special missions. Increasingly, practicing lawyers (especially those who represent governments and international organizations or who practice in places where embassies, consulates, missions and international institutions are located) need to be familiar with the reach of these rules and doctrines, and the exceptions thereto. Our focus will be on the practical application of the various international conventions, domestic statutes, and judicially crafted rules which define the law of international immunities.

Prerequisite: No prerequisites, but some familiarity with basic international law and the process of civil litigation would be desirable.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 2044 v00 Implementation of Financial Market Reform Legislation

LL.M Course (cross-listed) | 2 credit hours

The course will cover the major titles of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the implementation of over 300 required rulemakings across the federal financial market spectrum that are intended to increase transparency in US financial markets, reduce systemic risks, increase the safety and soundness of the US financial system, and provide new protections for consumers and market participants. The course will cover the sweeping new changes to regulation of over-the-counter derivatives markets, changes to federal banking laws (including systemic risk regulations, new capital and margin requirements, resolution authorities and the Volcker Rule), on-exchange securities and derivatives market reform, corporate control reform provisions, and new consumer protection rules. We will analyze financial market reform efforts and the role and ramifications of federal agency implementing regulations. We will review the major proposed and final regulations, and discuss effects to the US economy.

Learning objectives:

By the end of this course, I hope you will have a comprehensive overview of the implementation of the Dodd-Frank Act. You will gain a sense of the genesis and policy developments underpinning the Dodd-Frank legislation, an overview of fundamental aspects of financial reform in Dodd-Frank, its basic requirements, its overarching goals, and its upsides and downsides. You will not learn every detail of financial services regulation or every part of Dodd-Frank, but you should grasp the nature and structure of the central tenants of federal oversight of the financial services industry and its market participants.

Another aim of the course is skills-oriented. By participating in class discussions and preparing and presenting the Comment Letter Group Project, I hope you will hone your skills in speaking fluently and comfortably about legal issues. The Comment Letter Group Project is designed to give you real-world experience/exposure to what regulatory lawyers actually do in private and government practice in the financial services space. I want students to be able to identify an issue, think critically about how to solve it, employ legal reasoning to defend their approach, and practice legal writing. My specific expectations for the comment letter project are set out in the “Comment Letter Group Project” section of syllabus.

LAW 1032 v00 In-House Counsel: Law and Practice

J.D. Seminar (cross-listed) | 2 credit hours

This course will focus on aspects of the practice of law particular to lawyers serving as in-house counsel in businesses or non-profit organizations, including substantive legal issues and practical considerations relevant to lawyers for whom their employer is their only client. In-house counsel perform tasks that are often different from those performed by outside counsel and have certain advantages over outside counsel as well as well as different professional responsibility concerns. The seminar will be taught by Russell Stevenson, Jr., who has taught law, been in private practice, and served for twelve years in-house counsel for both public and private business corporations. There will be several guest presentations by general counsel and leading practitioners. The grade for the course will be based on class participation and a research paper. This course is limited to 22 students.

Prerequisite: Corporations and Securities Regulation.

Recommended: Prior or concurrent enrollment in Professional Responsibility.

Mutually Excluded Courses: Students may not receive credit for this course and Corporate Legal Department Practicum.

LAW 854 v00 Income Tax Accounting

LL.M Course | 2 credit hours

Covers accounting methods and accounting periods. The course examines a broad range of subjects concerning the timing of income and deductions under Subchapter E of the Internal Revenue Code. Topics include requests to change methods, inventories (including costing, valuation, and the requirements for maintaining inventories), principles of income recognition, prepaid income, cash equivalency and constructive receipt, special methods involving long-term contracts, depreciation, estimated expenses, prepaid expenses, and expensing versus capitalizing costs. These topics are analyzed from both a technical viewpoint and a tax policy perspective.

Prerequisite: Federal Income Taxation (formerly Taxation I), but a knowledge of financial accounting is not necessary for this course.

Note: This class, Income Tax Accounting, is required for U.S. trained students pursuing the Taxation LL.M., Executive Taxation LL.M., and M.S.L Taxation degrees. This class is not required for students trained outside the U.S. Please note that J.D. students MAY NOT register for the section of this course with Professor Smiley.

LAW 1629 v00 Independent Defense: Representing Defense Lawyers in First Amendment Cases (Project-Based Practicum)

J.D. Practicum | 5 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professors. In this practicum, students will work on all aspects of an innovative litigation strategy, using the First Amendment to fight the pervasive problem of judicial and political interference with public defenders across the country. Students will participate in a two hour/week seminar and carry out 15 hours/week of project work under the direction of the course professors.

SEMINAR: Civil Rights Corps (CRC) recently launched its Indigent Defense Initiative, through which Civil Rights Corps attorneys will (among other things) represent defense attorneys who are removed from indigent-defense panels because they vigorously advocate on their clients’ behalf. CRC’s first case, Willey v. Ewing, 18-CV-81 (S.D. Tex.), will serve as a model. In Willey, CRC’s client, a criminal defense attorney, was removed from cases to which he had been appointed and passed over for further appointments because he complained about unconstitutional practices on behalf of himself and his clients.

In the seminar, students will master the law of First Amendment retaliation, addressing the theoretical, procedural, and ethical dimensions of litigation in this area. Through the seminar, students will integrate the legal doctrine they learn into practical application of CRC’s ongoing litigation in the area of independent defense.

PROJECT WORK: Students will assist in investigating new cases and in all aspects of litigation on CRC’s clients’ behalf, from drafting complaints, investigating, writing motions, and doing legal research. In weekly seminars, students will prepare for this work by discussing the diverse legal topics that arise in the project’s litigation. Topics will include civil procedure, federal courts, and the First Amendment’s protection from employment retaliation. Students will build writing, research, and strategic skills through one-on-one feedback.

Prerequisite: Students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Recommended: Prior coursework on Criminal Procedure, First Amendment Law, and/or Employment Law are recommended but not required.

Mutually Excluded Courses: Students may not concurrently enroll in this course and a clinic or another practicum course. Students may concurrently enroll in this course and an externship.

Note: This course is suitable for evening students; project work does not need to be completed during business hours.

This is a five credit course. Two credits will be awarded for the two-hour weekly seminar and three credits will be awarded for approximately 15 hours of supervised project work per week, for a minimum of 11 weeks. Both the seminar portion and the project work will be graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 342 v02 Information Privacy Law

J.D. Course (cross-listed) | 2 credit hours

This course examines "information privacy," an individual's right to control his or her personal information held by others. The aim of the course is to understand how courts and the Congress seek to protect information privacy as new technologies and new institutional practices emerge. The course traces the origins of the right to information privacy in American law, through Constitutional law, tort law, and modern statutory law. Case studies of landmark privacy legislation illustrate how expectations of privacy are translated into legal frameworks. The course looks at recent controversies involving domestic surveillance, identification systems, social network sites, DNA databases, locational privacy, and drones. The course also considers the impact of the European data protection law, new business practices and investigative techniques, and the availability of cryptography and other Privacy Enhancing Technologies on the future of privacy law in the United States. Guest speakers include leading privacy officials from government and practitioners from the private sector. More information is available at the Privacy Law and Society website.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 342 v03 Information Privacy Law

J.D. Course (cross-listed) | 3 credit hours

This course provides an introduction to information privacy law both on the books and on the ground. Topics covered include the common law, constitutional, and statutory foundations of U.S. information privacy law; information privacy compliance, enforcement, and regulatory practice; international approaches to information privacy law; philosophical bases for privacy protection; and “privacy by design.”

Note: In addition to the final take-home exam, there will be a mid-term take-home exam. 

LAW 342 v04 Information Privacy Law

J.D. Course (cross-listed) | 3 credit hours

This course provides an introduction to information privacy law both on the books and on the ground. Topics covered include the common law, constitutional, and statutory foundations of U.S. information privacy law; information privacy compliance, enforcement, and regulatory practice; international approaches to information privacy law; philosophical bases for privacy protection; and “privacy by design.”

In addition to the final take-home exam, there might be a mid-term take-home exam.

LAW 1294 v00 Information Technology and Modern Litigation

J.D. Seminar (cross-listed) | 2 credit hours

This course builds upon the reality that what a lawyer must know about the influence information technology has had on litigation cuts across the traditional boundaries between law school courses and will deal universally with the impact information technology has had on the management and trial of criminal, civil and administrative cases.

The course will deal with all the topics usually encompassed in so-called e-discovery, such as the meet and confer responsibility, format of production, claw back of privileged information, Rule 502 of the Federal Rules of Evidence, and preservation and sanctions. There will be a particular emphasis on the science of technology assisted review and its relationship to the reasonableness search and the implicit certification a lawyer makes under Rule 26(g) the Federal Rules of Civil Procedure by producing electronically stored information in response to a demand for it.

Throughout the course there will be practical exercises such as mock meet and confer or drafting and responding to a letter demanding the preservation of electronically stored information. The course will attempt to equip students with the practical ability to handle a case involving electronically stored information from its conception to trial.

Finally, the course will deal with the often ignored implications of electronically stored information for criminal cases. The manner in which law enforcement gathers information will be examined with a heavy emphasis on the constitutional implications of the collection of large amounts of data by law enforcement.

Prerequisite: Civil Procedure (or Legal Process and Society).

Recommended: Prior or concurrent enrollment in Evidence.

Mutually Excluded Courses: Students may not receive credit for both this seminar and Introduction to Electronic Discovery and Evidence; or Technology in Legal Practice: A Practical Study of Electronic Discovery, Big Data, Cybersecurity and Beyond (formerly Electronic Discovery Seminar); or Electronic Discovery; or Topics in Electronic Discovery.

LAW 295 v00 Information Technology Transactions: Strategy, Negotiations and Drafting

J.D. Seminar | 3 credit hours

This class will consider commercial transactions structured around the transfer of information technology ("IT"), focusing primarily upon the software industry and data-centric businesses. Whereas traditional curricula have approached this subject matter as a species of intellectual property licensing, this course will emphasize the multi-disciplinary approach that tech lawyers must adopt in order to represent tech clients effectively, drawing upon from inter alia, contract law, commercial law/UCC and intellectual property law (but also from corporate law, consumer protection law, privacy law, antitrust, bankruptcy, accounting, export regulation and several international accords). The class is organized around archetypal models of commercial IT transfer; with each such model, students will study the interplay among statutory, regulatory and case law frameworks (as well as industry standard practices) that are relevant to shaping and structuring particular tech deals. At a practical level, key contractual provisions and negotiation strategies will be explored, and class assignments will include contract negotiation and drafting exercises.

Recommended: A basic intellectual property course or Copyright Law.

LAW 773 v00 Initial Public Offerings

LL.M Course (cross-listed) | 2 credit hours

The course will be a “soup to nuts” securities offering course, focusing on the legal aspects of conducting an IPO for a U.S. issuer on a Form S-1 and advising the issuer about its future responsibilities as a newly public company. Young lawyers entering a securities practice often find that their knowledge of securities-law principles does not always prepare them for day-to-day challenges of practice in this area. This course is designed to fill those gaps by providing students with an understanding of the securities offering process as well as the tools and skills needed to perform tasks required to work on securities offerings.

The major topics that will be covered include laws relating to securities offerings, listing on the New York Stock Exchange, underwriters and liabilities, underwriting agreements and the agreement among underwriters, financial statements, accounting issues, comfort letters, the securities act registration process (including the SEC comment and review process), law firm opinions and post-closing reporting obligations. The course will also provide an in-depth analysis of certain sections of the Form S-1, including the Management’s Discussion and Analysis of Financial Condition and Results of Operations section and the risk factors section.

Prerequisite: Corporations; Securities Regulation.

LAW 1612 v00 Innovative Policing: From Theory to Practice (Project-Based Practicum)

J.D. Practicum | 5 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professors. This practicum will focus on innovative efforts to transform policing and our criminal justice system. Students will participate in a two hour/week seminar and carry out 15 hours/week of project work under the direction of the course professors.

SEMINAR: Nationwide, high-profile police shootings and the documentation of patterns of police misconduct have triggered the emergence of broad-based protest and reform movements. Here in Washington DC, relations between DC’s Metropolitan Police Department (MPD) and the community it serves have been relatively positive compared to many other regions, but MPD nonetheless struggles to ensure it polices effectively, fairly and collaboratively in a diverse and changing city. What’s more, even “good” policing is part of a criminal justice system that both reflects and drives racial, ethnic and socio-economic rifts in American society.  Through this practicum, students will work with MPD and community groups to transform the training and education MPD provides its officers and new recruits.  Students will gain the skills and knowledge lawyers need to play an effective role in the effort to transform policing and our criminal justice system. 

PROJECT WORK: Students will research best practices in police training and education, write reports on their findings, and, under the supervision of the practicum instructors, lead discussion sessions for police academy recruits and MPD officers.  Students will help develop workshops and design law enforcement curricular modules for recruits and officers in Washington DC’s Metropolitan Police Department on one or more of the following topics: implicit bias, race and policing, use of force, persons in behavioral or mental health crisis, youth and policing, alternatives to arrest, active bystandership and other vital topics.  Students will adapt some of these modules so they can be adopted by other US police departments. Students also will help develop metrics through which to evaluate the impact of police training over time. 

This practicum will help support and expand the Georgetown Law-MPD Police for Tomorrow Fellowship Program, which has had a successful pilot run in 2017-18 with nineteen fellows selected from MPD sworn and civilian applicants. Students will help develop and carry out the second session of the Fellowship Program, even as they bring similar programming to a larger population of recruits and officers. Through this aspect of the program in particular, students will work directly with police officers and community groups to learn their perspectives on policing and our criminal justice system—a critical component of reform efforts.

Prerequisite: Students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).  

Recommended: Prior coursework or other experience on policing, criminal justice, or education is recommended but not required.

Mutually Excluded Courses: Students may not concurrently enroll in this course and a clinic or another practicum course. Students may concurrently enroll in this course and an externship.

Note: This course will be offered during both the Fall 2018 and Spring 2019 semesters. Students will be permitted to enroll in the course for one semester.

THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Interested students must submit to Professor Rosa Brooks (rosa.brooks@law.georgetown.edu) and Professor Christy Lopez (christy.lopez@law.georgetown.edu) (i) their resume; (ii) a statement of interest; and (iii) a statement indicating the semester (Fall 2018 or Spring 2019) they wish to enroll in the course by Monday, June 4, 2018. After June 4, if seats remain open in the course, students will be admitted on a rolling basis.

This practicum course is open to LL.M. students, space permitting.

This course is suitable for evening students; project work does not need to be completed during business hours.

This is a five credit course. Two credits will be awarded for the two-hour weekly seminar and three credits will be awarded for approximately 15 hours of supervised project work per week, for a minimum of 11 weeks. Both the seminar portion and the project work will be graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 528 v01 Institute for Public Representation Communications and Technology Clinic

J.D. Clinic | 12 credit hours

Please see the Institute for Public Representation website for more detailed information about the program.

For registration-specific supplemental materials, please see the IPR: Communications and Technology Clinic PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course.

LAW 528 v03 Institute for Public Representation Environmental Law Clinic

J.D. Clinic | 12 credit hours

Please see the Institute for Public Representation website for more detailed information about the program.

For registration-specific supplemental materials, please see the IPR: Environmental Law PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Prerequisite: Students must have completed a course in environmental or natural resources law before taking the clinic.  Students may take one of these courses concurrently with the clinic, but only in the evening.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course.

LAW 223 v02 Insurance Law: Litigation and Regulation

J.D. Course (cross-listed) | 2 credit hours

This course focuses on the law of insurance, the insurance of business, and the business of insurance. Questions concerning property and casualty insurance, including insurance for mass torts, product liability, directors’ and officers’ liability, and natural disasters are examined. The obligations of insurance companies to conduct their business according to state and, to some extent, federal regulation and the law of insurance bad faith are explored. Particular types of coverages that will be studied include homeowners insurance, comprehensive general liability (CGL) insurance, excess and umbrella insurance, D&O insurance, and property insurance (including business-interruption/lost-profits insurance). Students will develop sophisticated skills in analyzing the applicability of insurance to complex loss situations, the duties of insureds and insurance companies, and the ethical questions faced by lawyers sometimes caught in between.

Note: The course does not address life, disability, or health insurance, or ERISA.

Learning Objectives:

In this course, you will learn:

  1. Business context and objectives for insurance transactions.
  2. How to parse and interpret insurance-policy language.
  3. How property-casualty insurance responds to “real world” situations, involving losses to property including from natural disasters, mass tort claims, shareholder claims, and other situations.
  4. How courts and law makers create incentives for insurance companies to act in positive ways. This includes questions of insurance company “bad faith” or good faith, the obligation of an insurer to accept a reasonable settlement offer from a plaintiff, obligations of insurers to provide lawyers to defend the insured and the ethical limits on the role of the lawyer, including when the lawyer is selected by the insured rather than the insurance company.
  5. Through reviewing excerpts from briefs, students will gain a better appreciation of how to articulate insurance-law points and make appropriate argument.
  6. The reading material introduces the wide variety of relevant sources that may assist lawyers, such as cases, articles/treatises, attorneys-general opinions, bar-association ethics opinions, and actual insurance policies.

Prerequisite: Torts (or Government Processes), Civil Procedure (or Legal Process and Society), and Contracts (or Bargain, Exchange, and Liability).

Recommended: Corporations.

LAW 233 v01 Intellectual Property and Medicines

J.D. Seminar (cross-listed) | 3 credit hours

This course examines the special legal and policy issues arising from the use of intellectual property rights in the pharmaceutical and biotechnology fields. The course will cover: (1) U.S. case law impacting intellectual property, patents, trademarks and copyrights in the pharmaceutical and biotechnological arts; (2) the interplay of the regulatory approval process for therapeutic and diagnostic products with intellectual property rights; (3) the Hatch-Waxman Act and its impact on how patent rights for pharmaceuticals are procured and enforced ; and (4) major legislative developments affecting the use of intellectual property rights in the drug, biotechnology and medical device fields, such as the Biologics Price Competition and Innovation Act of 2009 and the America Invents Act of 2011. Other topics may be included depending on current judicial or legislative developments. A background in biologics or pharmaceuticals is not required, although completion of a basic patent law or a food and drug law course is recommended.

Students will have the option of taking this course for either two or three credits. The three credit option will require a paper that satisfies the upperclass legal writing requirement in compliance with Law Center regulations. The two credit option will require completion of several shorter legal writing samples on student-selected or assigned topics.

Strongly Recommended: Prior or concurrent enrollment in a basic patent law course or food and drug law course is highly recommended.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1295 v00 Intellectual Property Appellate Advocacy

J.D. Seminar | 2 credit hours

This course combines the study of appellate advocacy with the study of substantive intellectual property law. After an initial introduction to the principles of appellate advocacy and an overview of copyright law and patent law, we will conduct four in-depth case studies (four classroom hours each), of recent Supreme Court and en banc Federal Circuit cases in the areas of copyright and patent law. For each case, we will study the underlying substantive law and precedent, and how the advocates used that law to make their case, both in writing and at oral argument. Then, with the benefit of hindsight (provided by the decision in the case), we will discuss what the advocates could have done better. The remaining three or four class periods will be devoted to student presentations. Each student will be required to do a case study of a Supreme Court or en banc Federal Circuit case (chosen from a list provided by the faculty), present that study to the class, and then present 15 minutes of oral argument on behalf of the losing side to the class. The case study should be submitted as a draft prior to the class presentation, and in final form by the paper deadline announced by the Office of the Registrar.

Prerequisite: At least one course in Patent Law or Copyright Law, or instructors’ approval.

Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

LAW 1471 v00 Intellectual Property for Start-ups

J.D. Course | 1 credit hour

This seminar focuses on key concepts of intellectual property law as they pertain to the start-up business environment. We initially cover the basics of patent, trademark, copyright, and trade secret law. We discuss stages of a start-up business cycle and evaluate intellectual property goals relevant to each stage. We review best practices and common mistakes of start-ups in intellectual property. The seminar also focuses on client communication skills, including the clear articulation of complex intellectual property problems to a start-up client.

Note: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

This course will not fulfill the prerequisite for advanced courses that require prior enrollment in a course in intellectual property.

LAW 226 v00 Intellectual Property in World Trade

J.D. Course (cross-listed) | 3 credit hours

The knowledge, technological inventions, creative works and accumulated experience and expertise of the professional workforce increasingly drives the global economy. Unlike physical capital, this intellectual capital cannot readily be confined to the territorial setting of its origin. The development of cohesive norms to protect intellectual properties on a global basis has thus proven to be an enormous challenge. This course considers this effort by addressing the core international agreements governing intellectual property; norms and norm-making in the international intellectual property rights system; dispute settlement and the enforcement of rights; and tensions arising between intellectual property rights and distinct legal and cultural values.

Mutually Excluded Courses: Students may not receive credit for this course and International Intellectual Property and Development and the graduate course, International Protection of Intellectual Property Through the WTO.

LAW 293 v01 Intellectual Property Litigation: Pretrial Skills

J.D. Seminar | 2 credit hours

The objective of this course is to help students develop the skills necessary to handle intellectual property (patent/trademark/copyright) disputes in the federal courts and administrative agencies. By focusing on pretrial activities, the course provides the opportunity to examine a dispute from its beginning, including the types of investigations and filings that are made and consideration of alternative forums, through discovery and the filing of a summary judgment motion. By covering this period of the litigation cycle, students will have the opportunity to develop both written and oral skills necessary for a trial lawyer. The emphasis on the pretrial aspects of a case is beneficial because most new associates spend far more time in their first few years dealing with these aspects of litigation than they do participating in actual trials. The course includes practice in drafting pleadings, discovery and motions, as well as the opportunity to hone oral skills through taking discovery depositions. Because this course focuses on pretrial activities, it also is a good companion course to the patent trial advocacy course, which focuses on the trial phase of a proceeding.

Prerequisite: Civil Procedure (or Legal Process and Society) and Evidence.

Mutually Excluded Courses: Students may not receive credit for both this course and Civil Litigation Practice or Civil Litigation Practice: From the Complaint to the Courthouse Steps.

LAW 905 v00 Intelligence Reform and the Modern Intelligence Community

LL.M Seminar (cross-listed) | 2 credit hours

This course is an introduction to intelligence law as discussed in the context of changes to the Intelligence Community. The course focuses on changes to the law made in response to reviews and reports conducted following the attacks of September 11, 2001, and how those changes have been implemented in policy and practice. Students will examine legislative efforts to enhance information sharing and intelligence collection, such as the creation of the Director of National Intelligence, the modernization of the Foreign Intelligence Surveillance Act, and more recent proposals to reform surveillance laws and policies in the context of global discussions of privacy and civil liberties. In addition, the course will address complexities faced by national security lawyers in protecting classified information, and providing legal advice on intelligence operations, including domestic intelligence activities.

Recommended: Prior or concurrent enrollment in International Law I.

LAW 611 v02 Internal Investigation Simulation: Evaluating Corporate Corruption

J.D. Course | 1 credit hour

This Week One simulation involves an internal investigation by a French company that is in deal talks with a publicly-traded U.S. corporation. During its investigation, the French company uncovers evidence of bribe-like payments made as part of its operations in Africa. The French company is concerned that these payments may trigger liability under the Foreign Corrupt Practices Act (FCPA), a U.S. statute with a wide extraterritorial reach. Fearing criminal penalties and negative press, which in turn could threaten the viability of the potential deal, the French company has engaged outside counsel to evaluate the potential risks associated with these payments and to consider ways to mitigate those risks. Working as the outside counsel, students will interview key witnesses and assess the risks posed to their clients under the provisions of the FCPA. Students will then present their findings and recommendations to their client's general counsel, played by practicing lawyers from Georgetown Law's alumni network. By participating in this highly dynamic and realistic course, students will not only learn about statutory interpretation and the role of the FCPA in corporate transactions, but they will have the opportunity to engage in essential lawyering skills, including fact development and analysis, interviewing, counseling, teambuilding, project management, problem-solving, and presentation skills.

Note: FIRST-YEAR WEEK ONE COURSE: This course will meet on the following days: Monday, January 7, 2019, through Thursday, January 10, 2019. This course is mandatory pass/fail, and does NOT count against the 7-credit pass/fail limit for J.D. students.

This optional, elective course is for first-year J.D. students only, who are enrolled through a lottery process.

ATTENDANCE AT ALL CLASS SESSIONS IS MANDATORY. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety. For more information see the Week One website.

Due to the intensive nature of the course, the small-group, team, and individual work that is involved, and the preparation that is necessary to ensure a positive student experience, students who wish to drop the course after they have accepted a seat must drop by Friday, November 30, at 3:00 p.m. After that point, permission from the course professor and Assistant Dean for Experiential Learning is required.

LAW 2085 v00 International Agreements

LL.M Course (cross-listed) | 2 credit hours

The course begins by examining what is an international agreement under international law and distinguishes such agreements from other arrangements between States or international organizations that constitute political rather than legal commitments. Since there is interplay between domestic and international law in the operation of international agreements, it is important to understand how both systems of law work. To provide a domestic law framework, the first half of the course focuses on the treaty law of the United States. It addresses such matters as applicable Constitutional provisions, factors bearing on the decision as to the form in which a particular international agreement will be concluded and the respective roles of the Executive, the Senate, the Congress, and the courts concerning the conclusion, termination, and interpretation of international agreements. Students from other countries are encouraged to explain how their domestic systems handle similar issues, thus permitting the addition of a comparative element to the domestic law discussion. The second half of the course is devoted primarily to the international law rules reflected in the 1969 Vienna Convention on the Law of Treaties to which more than one hundred countries are parties and which is in most respects regarded as representing customary international law. In addition to the Convention, the course materials for the second half include recent cases decided by the International Court of Justice or by treaty-based arbitral tribunals and examples of important developments concerning the law of international agreements that have taken place since the entry into force of the Vienna Convention in 1980.

LAW 2079 v00 International and Comparative Antitrust Law

LL.M Seminar (cross-listed) | 2 credit hours

More than a hundred countries have enacted competition laws and modeled their laws either on the U.S. or on the EU system. This course will focus on the U.S. and the EU antitrust regimes by comparing and contrasting their principles and procedures. Some new jurisdictions at the center of the international antitrust arena, such as China and Brazil, will also be discussed. This course will start with an overview of the institutional design and of the substantive standards applied by the FTC/DOJ in the U.S. and by the European Commission in the EU, and will then delve into various areas of antitrust law, with particular emphasis on cartels, horizontal and vertical restraints, abuse of dominance, and mergers. This course will also examine process and procedures in the U.S. and the EU, and consider practices that facilitate international cooperation in antitrust investigations.

Learning objectives:

Students attending this course (i) will receive an overview of the international dimension of the various areas of antitrust law (horizontal agreements; monopolization/abuse of dominance; mergers); (ii) will learn to compare and contrast antitrust principles and procedures of the two systems (EU and U.S.) that most have influenced antitrust laws and institutions around the world; (iii) will familiarize with new actors and current challenges of the international antitrust arena. As a result, students will learn how to navigate multi-jurisdictional antitrust matters.

Prerequisite: for J.D. students: Antitrust Law or Antitrust Economics and Law. Prerequisite for LL.M students: None, although it is recommended that LL.M students have some previous coursework or work experience in competition law in the U.S. or another jurisdiction.

LAW 230 v00 International and Comparative Law on Women's Human Rights

J.D. Course (cross-listed) | 2 credit hours

In many parts of the world, women are discriminated against, abused, treated as property, and even murdered because they are women. But today, there is a substantial body of international and regional human rights law that can be used to change the national laws that permit these practices or fail to protect women against them. In addition, many countries have begun to give women equal rights in many fields. Thus, there is now a body of human rights and comparative law that advocates can use to advance equal human rights for women.

This course provides students with an overview of that law. It introduces them to the many forms of discrimination and violence women still face and teaches them about the major human rights treaties that can help women achieve equality with men. These include the Convention on the Elimination of All Forms of Discrimination against Women; the International Covenant on Civil and Political Rights; and the regional human rights treaties from Africa, the Americas, and Europe. Students study the work of the human rights bodies that measure state compliance with these treaties, including their guidelines and case law on issues affecting women. The course also examines comparative law on human rights issues such as sex-based discrimination in employment, inheritance, and family law rights, domestic violence and female genital mutilation, polygamy and its impact on women and children, and women’s lack of reproductive rights.

National court decisions from countries in both common law and civil law jurisdictions show how courts are using international and regional human rights law to help resolve domestic law issues. As some issues pose difficult conflicts between women’s right to equality with opposing assertions of religious and cultural rights to discriminate, the course also examines how human rights bodies resolve those conflicts and asks how they should be resolved.

Note: For J.D. Students: Students Enrolled in the International Women’s Human Rights Clinic must take this course as a pre- or co-requisite, but it is also open to other J.D. students and to LL.M. students.

LAW 629 v00 International Antitrust Law

J.D. Course (cross-listed) | 3 credit hours

Over the past three decades, more than a hundred countries have introduced antitrust / competition legislation. Much of this legislation has been sourced in the established legislative systems of the USA and the EU. This course examines the extent to which developing countries have adapted these models to their particular development needs. From this, the course seeks to determine possibilities of convergence of competition principles between developed and developing countries; in particular as to whether an overlapping consensus extends beyond cartel activity. Students will be invited to examine these questions not only through the prism of the USA and the EU but also India, China, South Africa, Brazil or other developing countries of their choice.

Note: This course will not meet on Tuesday, January 19, 2016. The professor will schedule a makeup class at a later date.

LAW 882 v00 International Arbitration

LL.M Course (cross-listed) | 2 credit hours

Examines United States, foreign, and international law and practice relating to international commercial and investment arbitration, including the U.S. Federal Arbitration Act, the New York Convention on the Recognition and Enforcement of Arbitral Awards, the ICSID Convention, the UNCITRAL Arbitration Rules, and the arbitration rules of major arbitral institutions such as the ICC, the AAA and the LCIA. The course focuses on the procedural law applicable to and the practical aspects of arbitration. It will cover such topics as enforcing arbitration clauses, conducting arbitration proceedings, judicial oversight of arbitration, choice of law, enforcing and setting aside awards, and particular issues arising in arbitrations against sovereigns.

Recommended: International Law I: Introduction to International Law (or the equivalent International Law I); International Business Transactions.

Mutually Excluded Courses: Students may not receive credit for both this course and International Commercial Arbitration, Introduction to International Commercial Arbitration, International Arbitration, or the J.D. seminar, International Commercial Arbitration Seminar (CTLS course)

LAW 882 v08 International Arbitration

LL.M Course (cross-listed) | 2 credit hours

Examines United States, foreign, and international law and practice relating to international commercial arbitration, including the U.S. Federal Arbitration Act, the New York Convention on the Recognition and Enforcement of Arbitral Awards, the UNCITRAL Arbitration Rules, and the arbitration rules of major arbitral institutions such as the ICC, JAMS, the ICDR, CIETAC, LCIA, HKIAC, and SIAC. The course focuses on the procedural law applicable to and the practical aspects of arbitration. It will cover such topics as enforcing arbitration clauses, conducting arbitration proceedings, judicial oversight of arbitration, choice of law, enforcing and setting aside awards as well as drafting dispute resolution clauses.

Recommended: International Law I: Introduction to International Law (or the equivalent International Law I); International Business Transactions.

Mutually Excluded Courses: Students may not receive credit for both this course and Introduction to Commercial Arbitration or the J.D. seminar, International Commercial Arbitration Seminar (CTLS course).

LAW 3035 v00 International Arbitration from the Arbitrator’s Point of View

LL.M Seminar (cross-listed) | 1 credit hour

The course deals with “International Arbitration from the Arbitrator’s Point of View”. It describes the arbitrator’s role at each stage of the proceeding, the various relationships that exist and the legal, procedural, practical and even psychological issues that may arise.

The course starts from the proposal and selection of the arbitrator and ends with the notification of the award. Topic covered include: who may be an arbitrator; the first contact and the conflict check; the launching of the proceedings; relations with counsel and the parties’ representatives; the relationship among arbitrators; relations with experts; the conduct of the proceedings and, in particular, the hearings; deliberations and the decision; drafting of the award; the relationship with the institution; and the relation with the media.

The course will include both interactive lectures and some practical exercises.

Recommended: Prior or concurrent enrollment in an arbitration course.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.

Note: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students

LAW 802 v01 International Assistance for Global Health

LL.M Course (cross-listed) | 1 credit hour

The overall objective of this course is to explore the present and potential role of international human rights law – and the right to health in particular – in international assistance for global health.

During the first class, we will discuss the recent history and present practice of international assistance for global health. We will discuss tensions between the objectives of development and relief, and between the objectives of promoting ‘health security’ and equity in global health. During the second class, we will explore the concept of equity in global health: how it is central to several definitions of global health, what the practice of international assistance for global health should look like, if the predominant objective of that assistance were equity. During the third class, we will examine the meaning of the right to health, the freedoms and entitlements it generates and the corresponding national and international responsibilities. During the fourth class, we will discuss if and how the right to health can be used to modify/improve the practice of international assistance for global health, taking into account that such assistance serves other objectives as well.

Strongly Recommended: Completion of coursework in the area of international human rights law.

Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course. The take-home exam in this course may be administered mid-semester and the specific exam date will be provided by the professor after the add/drop period.

LAW 914 v00 International Banking in the United States

LL.M Seminar (cross-listed) | 1 credit hour

Foreign banks have established a major presence in the United States during the last four decades and have acquired substantial market share during that period. In response, the regulation of foreign banks has likewise experienced significant change and growth. This is reflected in law firm practice as advising foreign banks is now a significant component of the financial institutions practice of major U.S. law firms.

This course will analyze the conceptual framework and the laws and regulations governing the U.S. operations of foreign banks, including how foreign banks may enter, operate and expand in the United States. This will include an analysis of the Dodd-Frank Act's prudential standards for systemic foreign banks in the United States as well as of the International Banking Act and the Bank Holding Company Act. In addition, the course will examine the supervision and enforcement scheme that the U.S. government applies to foreign banks and assess the evolving standards that apply to them, including capital standards under the Basel Capital Accord. Finally, this course will review emerging conflict of law issues that arise in the international banking context and the increasing extraterritorial reach of U.S. laws.

For students to understand the basic conceptual and legal framework that applies to foreign banks in the United States. This understanding allows a student to then select and analyze a topic of interest for purposes of the class paper. 

Recommended: J.D. students may take this course after they have completed their first year.

Note: Withdrawals are permitted up until the last class for this specific course.

LAW 955 v00 International Bankruptcy

LL.M Course | 2 credit hours

This course deals with the issues presented when a business with assets or debts in more than one country is seeking to restructure its financial obligations. The course will cover new Chapter 15 of the United States Bankruptcy Code and will also examine business bankruptcy developments in other countries.

Recommended: For JD students: Prior or concurrent enrollment in a bankruptcy course

Note: This course is co-taught by Professor Neureiter from Georgetown Law and Professor Lapowsky from Penn Law.  For each class session, the Georgetown students and Professor Neureiter will be in a classroom on the Georgetown Law campus. Students at Georgetown will be able to see and hear the lecturer and direct questions to him. There will be class at St. John's during Georgetown Spring Break (March 13, 2018); however, Georgetown students are not expected to attend that day because of Georgetown Spring Break. That class session will be taped and Georgetown students will review the tape individually, or may review it together at a mutually agreed date and time. Please contact Tiffany Joly, Executive Director of LL.M. Academic Services, if you have any questions about the course format or content (tmj40@law.georgetown.edu ).

Note for LL.M. and J.D. students: Students must attend all classes at Georgetown Law.

This course is mandatory pass/fail. Note for JD students only: This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit.

LAW 863 v00 International Business Litigation and Federal Practice

LL.M Course | 2 credit hours

The course explores issues common to litigation in U.S. courts arising from cross-border business transactions, including venue, jurisdiction, service of process, choice of law questions, discovery, evidence from abroad, privilege and ethical considerations, and the recognition and enforcement of foreign judgments in U.S. courts. The course covers the resolution of disputes in litigation, as well as in arbitral proceedings, and through regulatory and other internal investigations, and explores issues such as the Foreign Corrupt Practices Act.

Mutually Excluded Courses: Students may not receive credit for both this course and International Civil Litigation (LAWG/J 734); the J.D. course, International Civil Litigation (LAWG/J 013); and Cross Border International Litigation and Conflicts of Law (formerly International Conflict of Laws) (LAWG/J 735).

LAW 240 v01 International Business Negotiations

J.D. Seminar | 3 credit hours

This course is structured around a semester-long, simulated negotiation exercise in which the students in this class will represent a US pharmaceutical company (KJH Pharmaceutical Corporation) and the students in a similar class, at the University of Dundee in Scotland, will represent an African agricultural production company (Malundian Cassava Corporation). The two companies are interested in working together to exploit a new technology developed by KJH Pharmaceutical that uses the cassava produced by Malundian Cassava Corporation. The form of their collaboration could be a joint venture, a licensing agreement or a long term supply contract. The negotiations will take place through written exchanges and through live negotiation via videoconference. Substantive law issues related to the transaction, as well as negotiations strategy and related issues, will be addressed in this class.

The purpose of the course is to provide students with an opportunity (i) to gain an introduction to transactional law and experience the sequential development of a business transaction over an extended negotiation, (ii) to study the business and legal issues and strategies that impact the negotiation, (iii) to gain insight into the dynamics of negotiating and structuring international business transactions, (iv) to learn about the role that lawyers and law play in these negotiations, (v) to give students experience in drafting communications, and (vi) to provide negotiating experience in a context that replicates actual legal practice with an unfamiliar opposing party (here, the students at Dundee).

The thrust of this course is class participation and active involvement in the negotiations process. Students are expected to spend time outside of class, working in teams, to prepare for class discussions involving the written exchanges as well as preparing for the live negotiations. Class discussions will focus on the strategy for, and progress of, the negotiations, as well as the substantive legal, business and policy matters that impact on the negotiations. Grades will be based on participation in the exercises, students’ diaries, and a final paper.

Recommended: Prior or concurrent enrollment in Corporations.

Mutually Excluded Courses: Students may receive credit for this course and the graduate course International Negotiations Seminar (LAWJ/G-958). Students may NOT receive credit for this course and the J.D. course International Negotiations Seminar (LAWJ/G-240).

Note: Due to the coordination with the class in Dundee, Scotland, this class does not cancel even if Georgetown Law is closed. In the event of a weather closing, this class will be held via conference call dial-in.

LAW 240 v02 International Business Negotiations

J.D. Seminar | 3 credit hours

This course is structured around a semester-long, simulated negotiation exercise in which the students in this class will represent either an African agricultural production company (Malundian Cassava Corporation) or a multi-national pharmaceutical company (KJH Pharmaceutical Corporation). Students in a similar class at American University will represent the other company. The two companies are interested in working together to exploit a new technology developed by KJH Pharmaceutical that uses the cassava produced by Malundian Cassava Corporation. The form of their collaboration could be a joint venture, a licensing agreement or a long term supply contract. The negotiations will take place through written exchanges and through face-to-face and videoconference negotiations. Substantive law issues related to the transaction, as well as negotiations strategy and related issues, will be addressed in this class.

The goals of this course are (i) to introduce students to transactional law, (ii) to provide negotiations training in the context of transactional practice, and (iii) to further practical legal skills. The focus is on having students apply their legal and non-legal knowledge in the context of serving as a lawyer negotiating an international business transaction within the controlled environment of the classroom. The thrust of this course is class participation and active involvement in the negotiations process. Students are expected to spend some time outside of class, working in teams, to prepare for class discussions involving the written exchanges as well as preparing for the live negotiations. Class discussions will focus on the strategy for, and progress of, the negotiations, as well as the substantive legal, business and policy matters that impact on the negotiations. Grades will be based on participation in the exercises, students' diaries, and a final paper.

Recommended: Prior or concurrent enrollment in Corporations and Contracts.

Mutually Excluded Courses: Students may receive credit for this course and the graduate course International Negotiations Seminar (LAWJ/G-958). Students may NOT receive credit for this course and the J.D. course International Negotiations Seminar (LAWJ/G-240).

Note: In addition to the 2-hour Monday classes, which will take place at the Law Center, this class has five Saturday sessions (see times below). These sessions are devoted to the live negotiations with American University and will be held at the DC offices of DLA Piper (near Gallery Place Metro) and Orrick (near Farragut North Metro). Due to the Saturday sessions, the Monday sessions will end earlier in the semester.

NOTE: In the event of a weather closing, this class may be held via conference call dial-in.

LAW 876 v04 International Business Transactions

LL.M Course (cross-listed) | 3 credit hours

An introductory survey course examining transactional and litigation issues faced by international businesses. The goal of this course is to familiarize students with the broad scope of issues affecting international business prior to the students choosing other courses for further specialization and to introduce students to analytical tools used by lawyers who advise on matters related to international business. Topics will include the international sale of goods (including letters of credit), international contract issues, cross-border financings (including letters of credit and bank financings),and international investments. Litigation topics will be related to the transactional issues covered and will include a special emphasis on contract rights and remedies, choice of law, choice of forum, and international arbitration.

Recommended: International Law I: Introduction to International Law; a course in Finance or Securities Regulation.

Mutually Excluded Courses: Students may not receive credit for both this course and International Business Transactions and International Dispute Resolution or the J.D. courses, International Business Transactions or International Economic Law.

LAW 876 v07 International Business Transactions

LL.M Seminar (cross-listed) | 2 credit hours

An introductory survey course examining transactional and litigation issues faced by international businesses. The goal of this course is to familiarize students with the broad scope of issues affecting international business prior to the students choosing other courses for further specialization and to introduce students to analytical tools used by lawyers who advise on matters related to international business. Topics will include the international sale of goods (including letters of credit), international contract issues, cross-border financings (including letters of credit and bank financings), and international investments. Litigation topics will be related to the transactional issues covered and will include a special emphasis on contract rights and remedies, choice of law, choice of forum, and international arbitration.

Recommended: International Law I: Introduction to International Law (or the equivalent International Law I).

Mutually Excluded Courses: Students may not receive credit for both this course and International Business Transactions and Dispute Resolution or the J.D. courses, International Business Transactions or International Economic Law..

LAW 876 v09 International Business Transactions

J.D. Course | 3 credit hours

This course will focus on the legal problems encountered in commercial and financial business ventures that cross national borders. Topics include formation of contracts, choice of law, financing the international sale of goods through letters of credit, regulation of international trade, the organizations and operations of the institutions of the World Trade Organization, foreign investment, investment in free trade areas such as the European Union, international dispute settlement, and international transfer of intellectual property.

Mutually Excluded Courses: Students may not receive credit for this course and International Economic Law.

LAW 876 v10 International Business Transactions

LL.M Course | 3 credit hours

An introductory survey course examining transactional and litigation issues faced by international businesses. The goal of this course is to familiarize students with the broad scope of issues affecting international business prior to the students choosing other courses for further specialization and to introduce students to analytical tools used by lawyers who advise on matters related to international business. Topics will include the international sale of goods (including letters of credit), international contract issues, cross-border financings (including letters of credit and bank financings),and international investments. Litigation topics will be related to the transactional issues covered and will include a special emphasis on contract rights and remedies, choice of law, choice of forum, and international arbitration.

Recommended: International Law I: Introduction to International Law (or the equivalent International Law I).

Mutually Excluded Courses: Students may not receive credit for both this course and International Business Transactions and Dispute Resolution or the J.D. courses, International Business Transactions or International Economic Law.

LAW 876 v11 International Business Transactions

J.D. Course (cross-listed) | 4 credit hours

This four-credit survey course studies the major legal issues arising in international business, trade and investment activity, taught from a practical, problem-oriented approach. The focus of the course is on the law and practice that is different when business, trade or investment takes place across an international boundary. The principle areas of coverage are: 1) the movement of goods, including the Convention on Contracts for the International Sale of Goods (CISG), contracts for transportation, and financing, including the law of letters of credit, 2) problems of international investment and the transfer of intellectual property, including the international law governing patents, trademarks, copyrights and trade secrets, 3) national and international rules for dealing with imports and exports, including export controls and sanctions and trade remedies (antidumping, countervailing duty and safeguards), 4) public international law disciplines that arise in connection with anti-corruption efforts and norms of corporate social responsibility, and 5) international dispute resolution, including investment arbitration, trade disputes at the WTO, and private international commercial litigation issues, including choice of law and forum issues.

Mutually Excluded Courses: Students may not receive credit for this course and International Business Transactions and Trade Law or International Economic Law or the LL.M. course, International Business Transactions.

LAW 224 v01 International Business Transactions and Trade Law

J.D. Course | 4 credit hours

This four-credit survey course studies the major legal issues in international business, trade, and investment activity in both the private and public sectors. The principal areas of coverage are: (1) the movement of goods, including private techniques of contract and financing; (2) import tariffs and customs issues as well as controls over exports; (3) national and international rules for dealing with injury from increasing imports; (4) international and regional arrangements, including the World Trade Organization, European Union, and the North American Free Trade Agreement; (5) problems of international investment and the transfer and protection of intellectual property; (6) emergency powers and economic sanctions, including financial sanctions; (7) the IMF, currency exchange rates, and private currency exchange arrangements; and (8) formal dispute resolution in trade and investment, including international arbitration and the dispute settlement mechanism of the World Trade Organization.

Prerequisite: Strongly recommended: International Law I: Introduction to International Law or a basic course in introductory international law.

Mutually Excluded Courses: Students may not receive credit for both this course and International Trade with Professors Hillman and Horlick or International Business Transactions with Professor Hillman or International Economic Law.

LAW 882 v03 International Commercial Arbitration

J.D. Seminar (cross-listed) | 2 credit hours

This course presents an introduction to international commercial arbitration and briefly addresses investor-state arbitration. It examines the nature of arbitration, the procedures used in international arbitration (both institutional and ad hoc) and the enforcement of and setting aside of arbitral awards. The course will also cover drafting arbitration agreements, the law applicable to arbitrations (including the New York Convention, the ICSID Convention and various institutional rules), challenges to arbitration, multi-party arbitrations, jurisdiction, preliminary or interim measures and selection of the arbitral tribunal. The course also provides an introduction to arbitration between investors and states. Grades will be based primarily upon short papers addressing current issues in international arbitration.

Mutually Excluded Courses: Students may not receive credit for both this course and the LL.M. seminars International Commercial Arbitration, Introduction to International Commercial Arbitration, or International Arbitration; or the CTLS seminar, International Commercial Arbitration Seminar.

LAW 882 v06 International Commercial Arbitration

LL.M Course | 2 credit hours

In today's global economy, parties to cross-border commercial transactions increasingly choose to resolve their disputes through international arbitration. This course provides students with an understanding of the law and practice of international arbitration from the perspective of United States law. Among other things, the course will consider the alternatives to international arbitration; the international conventions and U.S. arbitration statute; the arbitration agreement; the role of courts and tribunals in determining issues of arbitrability; international arbitration rules; provisional measures; judicial enforcement of arbitration agreements and arbitration awards; and judicial setting aside of arbitration awards.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. seminar, International Commercial Arbitration Seminar (CTLS course).

LAW 1043 v00 International Commercial Arbitration and the Courts

J.D. Course (cross-listed) | 1 credit hour

This intensive course takes a close look at international commercial arbitration in U.S. law, with special reference to the judicial/arbitral interface. At every major milestone in an arbitration, judicial recourse is a significant prospect -- from compelling arbitration or otherwise enforcing the agreement to arbitrate, to ensuring that a tribunal is properly composed and the arbitration takes off properly, to provisional relief over the course of the arbitration, to confirmation or vacatur of an international award made in the U.S., to recognition and enforcement of international awards made abroad (typically under the all-important New York and Panama Conventions).


The reading will consist (in addition to the basic federal statutory framework, the New York Convention, and selected US case law) of the most salient portions of the American Law Institute's current "Restatement (Third) of the U.S. Law of International Commercial Arbitration" of which the instructor is Chief Reporter"

Recommended: Civil Procedure.

Note: WEEK ONE COURSE. This seminar will meet for one week only, on the following days: Monday, January 9, 2017, through Thursday, January 12, 2017, 9:00 a.m. - 12:20 p.m. The course will have a take-home exam that must be completed during the week of Friday, January 20th through Friday, January 27th, 2017. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

Note: Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar. Once the second class session begins, students may only seek a withdrawal by contacting an academic advisor in the Office of JD Academic Services. Withdrawals are permitted up until the last class for this specific course.

LAW 3033 v00 International Commercial Arbitration with a Foreign Sovereign

LL.M Seminar (cross-listed) | 2 credit hours

Resolution of disputes between private sector companies and sovereigns arising under international contracts and projects typically are resolved by international commercial arbitration. This presents unique challenges, issues, and opportunities.

This class will address the relationship between international arbitration and court litigation; proper negotiation and issues arising under arbitration clauses and agreements; the negotiation; mediation; and ultimately final and binding arbitration of performance issues; how to conduct an arbitration; enforcement of the Award (show me the money); and a two-class practical moot, with all of the above focused on the dynamics of dealing with sovereign governments.

Recommended: Prior enrollment in a basic course in international arbitration

LAW 1036 v00 International Contracts and Sales Law

J.D. Course (cross-listed) | 2 credit hours

The course analyzes private law norms regulating international contracts. It focuses on international conventions and uniform rules of law, such as the United Nations Convention on Contracts for the International Sales of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, INCOTERMS, and others. The course includes some aspects of conflicts of law rules, as well as an analysis of the main international instruments governing international commercial arbitration.

Prerequisite: Contracts (or the equivalent Bargain, Exchange, and Liability).

Mutually Excluded Courses: Students may not receive credit for both this course and the LL.M. course, International Business Transactions and Dispute Resolution.

LAW 416 v02 International Courts and Tribunals: Theory and Practice

LL.M Seminar (cross-listed) | 2 credit hours

This course surveys existing international courts and tribunals. Over the semester, we will examine courts and tribunals with general jurisdiction (e.g., the International Court of Justice); courts and tribunals with specialized jurisdiction (e.g., the International Criminal Court, WTO, human rights tribunals, and investor-State tribunals); and claims tribunals and commissions (e.g., the Iran-United States Claims Tribunal and the United Nations Compensation Commission). The course seeks to provide a comparative understanding of the international adjudication system through readings and in-class exercises. General knowledge of public international law is required.

Prerequisite: Prior or concurrent enrollment in International Law I.

LAW 790 v00 International Criminal Law

J.D. Course (cross-listed) | 3 credit hours

In international criminal law, we begin by examining the basics: what criminal law is supposed to do and the fundamentals of international law and jurisdiction. We then study issues relating to transnational application of domestic penal codes, such as extradition and the extraterritorial application of U.S. criminal law and the U.S. Constitution. We may choose a transnational crime—such as money laundering or corruption—as a vehicle for examining the efficacy of transnational application of domestic standards. The focus of the course then shifts to truly international, rather than transnational, law. We examine the history of international tribunals intended to enforce international crimes (Nuremberg, the ICTY, and the ICTR), and delve into the structure and operation of the International Criminal Court. We focus on substantive international crimes such as genocide and crimes against humanity, and may also cover war crimes, crimes of sexual violence, and/or torture. The course closes with a consideration of alternatives to criminal prosecution, such as truth and reconciliation commissions.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. first-year elective or the graduate course with the same title.

LAW 790 v01 International Criminal Law

LL.M Course (cross-listed) | 2 credit hours

Examines selected issues involving the application of criminal law to international activities and across national boundaries. The course covers both the procedural aspects of international cooperation in criminal matters (including extradition, prisoner transfer, mutual legal assistance, and recognition of foreign penal judgments) as well as the developing substantive international law (e.g., war crimes, crimes against humanity, terrorism, genocide, torture, and trafficking in drugs, people and firearms). Particular attention is paid to the question of jurisdiction over criminal activities at the international level, in the context of activities such as money laundering, organized crime, and computer crime, including the reach of Constitutional protections to investigations and law enforcement activities overseas. Addresses the structure, jurisdiction, and jurisprudence of the ad hoc criminal tribunals for the former Yugoslavia and Rwanda and the statute and rules of evidence and procedure of the International Criminal Court.

Recommended: Criminal Law, Conflict of Laws: Choice of Law (or the equivalent Conflict of Laws: Choice of Law (International Focus)); International Law I: Introduction to International Law.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course with the same title; or the J.D. seminar International Criminal Law Seminar: Tribunals and Crimes; or the J.D. course International Humanitarian Law; or the J.D. course International Criminal Courts.

LAW 790 v03 International Criminal Law

J.D. Course | 3 credit hours

International criminal law studies a grim but important subject: the prosecution of war crimes, crimes against humanity, genocide, and aggression. These are “core crimes” judged by tribunals like the International Criminal Court (ICC) and the tribunals for Rwanda, Sierra Leone, former Yugoslavia, and elsewhere. In addition, we will study both the international and domestic criminal law governing crimes such as terrorism, torture, and international money laundering. Along with the substantive law on these issues, we examine procedural law on topics such as extradition and immunity from prosecution. The course will begin with an overview of the basic sources of public international law (treaty, custom, general principles) and an examination of the remarkable rise of international criminal law—as well as the problems confronting international criminal justice today, including the political backlash against the ICC. Finally, we will spend some time on alternatives to criminal prosecution such as truth and reconciliation commissions. The aim of the course is to introduce students to the fundamentals of international law as well as basic principles of criminal law. The course combines law, policy, and history.

Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. upperclass course or the graduate course with the same title; or the International Criminal Law Seminar: Tribunals and Crimes or International Humanitarian Law and International Criminal Courts.

Note: This course is a first-year elective. First-year day students select an elective offered in the spring.

LAW 790 v09 International Criminal Law

J.D. Course (cross-listed) | 3 credit hours

International criminal law studies a grim but important subject: the prosecution of war crimes, crimes against humanity, genocide, and aggression. These are “core crimes” tried by tribunals like the International Criminal Court (ICC) and the tribunals for Rwanda, Sierra Leone, former Yugoslavia, and elsewhere. In addition, we will study the extraterritorial application of domestic criminal law to address crimes of transnational character such as terrorism, torture, and international money laundering. Along with the substantive law on these issues, we examine procedural law on topics such as extradition and immunity from prosecution. The course will also examine the problems confronting international criminal justice today, including the political backlash against accountability. Finally, we will spend some time on alternatives to criminal prosecution such as truth and reconciliation commissions. The aim of the course is to introduce students to basic doctrines of international criminal law, as well as doctrines concerning the extraterritorial application of U.S. criminal law. It also provides an overview of the work of international criminal tribunals and the challenges they face. The course combines law, policy, and history.

Mutually Excluded Courses: Stude