Dual degree students are required to complete 72 credits in the Law School. Depending upon the department involved, from 18 to 30 of those units must be in graded coursework. If the required coursework is less than 30 units, students must register for enough ungraded research units to reach the required total of Final grade based on exam and in class participation. The subject of the course is the diverse sector of the economy composed of nonprofit organizations, and, in particular, the organizations that are tax-exempt under Section c3 of the Internal Revenue Code.
Topics to be covered include their function and role in society; issues related to their formation, governance and regulation; the tax laws and regulations specific to exempt organizations; and policy issues regarding the sector. Collective action problems arise where every member of a group has a choice between alternatives, and if each member acts in a narrowly self-interested fashion or all members are unable to coordinate their actions, the outcome will be worse for all members by their own estimations than it will be if all or some of them choose another alternative.
Collective action problems are caused either by externalities e. This seminar will examine the extent to which the United States Constitution can be understood as solving collective action problems that arise for the states and as empowering the states themselves and the federal government to solve such problems.
Topics will include:. Readings will draw from The Federalist Papers and other Founding materials e. Supreme Court opinions from the Marshall Court to the present; and select draft chapters of my book manuscript. Urban Legal History is a research seminar which will focus on the legal issues relating to Durham's political, social, and economic development.
The class will involve intensive study of primary and secondary materials, and will require students to produce substantial 45 page research papers. This seminar will examine the international law of armed conflict, and it focuses on the jus in bello context.
Students will consider the rationale for the key concepts of the law of armed conflict, and examine their practical application in various contexts. Case studies contemporary and historical will be examined in conjunction with the topics covered. This historical context for the law of armed conflict agreements, the status of conflicts, combatants, and civilians, targeting, rules of engagement, war crimes, are all included among the topics the class will address.
Students will be encouraged to relate legal and interdisciplinary sources in order to better understand the multi-faceted interaction between law and war. Students desiring to use the course paper to fulfill Substantial Research and Writing Project SRWP and possibly other writing requirements must obtain instructor.
Students should be aware that this course may include discussion and visual depictions still and video of armed conflict and other acts of extreme violence. The textbook for this course is Gary D. This course will only be offered in the spring. Immigration law and criminal law are increasingly intertwined.
From the moment of arrest through completion of any sentence, the criminal justice system functions differently for noncitizens, with significant immigration consequences flowing from decisions at every stage.
Judges, prosecutors, and defense attorneys must be aware of these consequences and prepared to address them in the course of criminal proceedings. Immigration attorneys must be able to advise defense attorneys on the best resolutions for their clients. Lawmakers must account for the results of merging these two systems. Through readings, discussion, and independent research projects, students will learn to analyze constitutional, statutory, and regulatory provisions concerning immigration, as well as procedural and substantive requirements in criminal proceedings as they affect noncitizens.
Participants will also explore the public policy choices surrounding the use of local law enforcement agencies in immigration policing. Mass Torts is a course designed to introduce students to the theory, practice, and strategy associated with the substantive law, procedure, and resolution of a wide variety of mass tort litigations.
Most mass torts are consolidated by the Judicial Panel on Multi- District Litigation, and the organization of the course is based on the life of a case in MDL: origins, pleadings, referral to a transferee judge, e-discovery, fact discovery, expert discovery, motion practice, test cases, pre-trial hearings, trials, appellate practice, remands, settlement, and claims resolution facilities.
There will also be substantial emphasis on larger themes and issues that are implicated by mass torts in the relationship between federal and state courts, in competing theories of liability and procedure, in the interaction of litigation, bankruptcy, and administrative processes, in the roles of public and private litigation and attorneys, in the respective interests of the executive, legislative, and judicial branches of federal and state governments, and in a variety of competing economic, jurisprudential, policy, and practical concerns.
The course will be updated during the semester with emerging developments in currently pending mass tort litigation including opioids, asbestos, and Roundup.
The readings are prepared specifically for this course and will consist of excerpts from judicial opinions, pleadings, briefs, motions, and other original source material as well as excerpts from law review articles, press accounts, and books. The grade will be based on a take home examination consisting of short answer and essay questions. This fall-only survey course is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture related to the U.
The class will also examine related issues that arise "in the news. The course includes analyzing the Constitutional structure governing national security matters, and the role played by the three branches of government with special emphasis on Presidential power.
It will also examine governmental surveillance, the investigation and prosecution of national security cases, as well as First Amendment issues related to national security. In addition, homeland security issues to include the domestic use of the armed forces , security-based travel restrictions, public health emergencies, civil-military relations, and the impact of national security issues on business transactions will be reviewed.
The textbook for this course will be Dycus, et al. Other materials may be provided as necessary. The instructors will use episodes from their extensive careers in government to illustrate issues, and offer practical, real-world perspectives.
There is one assigned time block for the course, but the structure of classes may vary, and students may be divided into sections, discussion groups, and panels. The course is expected to include guest speakers to include possibly via Zoom. There may be occasional asynchronous content, including short lectures, podcasts, and some documentary footage.
Students will have advance notice of all required participation elements. Given this is a course in national security, class instruction will likely include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations of the same. The scope of this seminar is as broad as the idea of the voluntary society itself, with particular attention to the American version thereof. The central question is the extent to which, and how, a large number of people of varying ethnic, racial, religious, and cultural backgrounds, living together in a country, state or city, organized into representative governments, should - can - rely on voluntary action by willing citizens to fulfill both their own individual needs and the needs of the respective communities in which they live.
We will need to probe what it is that motivates donors and volunteers to give money and time, and to assess not only their effectiveness in solving problems but also the comparative praiseworthiness of their respective motives. Charitable and corporate foundations, as well as the tax-exempt organizations to which they and other donors contribute, are part of the inquiry, especially as to their goals, decision rules, governance, and public accountability.
We will try to compare the experience of other countries with that of the U. Cross-listed with PPSS. This seminar will examine the social, political, and legal forces that shape race relations in the United States. Using interdisciplinary materials, participants will engage three core questions: 1 what would an anti-racist society look like; 2 what should and can be done about the carceral state; and 3 how do we address challenges inherent in concepts like allyship, representation, and intersectionality.
Evaluation will consist of class attendance and participation, reflection papers, and a final project directed toward devising solutions. Participation from a diverse group of students is encouraged.
Robots , with us for several generations already, were long confined to narrow uses and trained users, assembling our vehicles and moving our products behind the scenes.
In recent years, robotic tools have begun to step out of the back room and take center stage. Even more, these tools are fueled by constantly advancing artificial intelligence and machine learning tools that allow them to participate in the world of the mind as much as the world of muscle. Are we ready? Probably not. We must find ways to ensure that human-robot interactions occur in ways that are safe and are consistent with our cultural values.
We must take care that our policies and laws provide artificial intelligence tools with the direction we need without quashing or hindering the innovations that could improve our lives. The course will bring together three core areas: 1 law , 2 ethics , and 3 applied technology.
Because frontier technologies challenge existing legal regimes and ethical frameworks, this course and its assigned project encourage law, ethics, and policy students to interact with networks of experts who are actively thinking about ethical technology development and with technology policy networks that explore the social implications of a world increasingly inclusive of AI.
Seminars organized and led by groups of five or more students, under the supervision of a faculty member. The topics vary according to the students' interests. Law School Rule governs the development of ad hoc seminars.
Capstone Projects are intended to be intensive, active learning projects, requiring significant effort in the planning and implementation, as well as preparation of a substantial final written work product. For approval of a Capstone Project, interested students must submit a written proposal. Variable credit. During the semester, students work in startup companies, venture capital firms, regulatory agencies, law firms with entrepreneurial practices, and similar organizations.
The goal of the program is to expose students to a wide range of entrepreneurial issues in a "real-life" setting. The Practicum goes beyond general coursework to provide specific, useful skills and information. It allows students to address the intersection of legal principles and practical business applications, in the context of entrepreneurship and early state enterprise. Each student joins a legal or leadership team, under the supervision of a mentor who is committed to guiding his or her professional development through the course of the practicum.
Through the Practicum, the students are able to be highly competent legal practitioners, savvy business people, effective problem solvers and are skilled in transforming ideas. This three-credit integrated externship will immerse students in the theory, practice, and politics of movement lawyering.
The course proceeds in two parts: a weekly seminar and field work. In the seminar, students learn the foundations and tactics of movement activism, and discover how lawyers work with social movements to build power and create change.
In the field work portion, students are paired with lawyers and organizers from around the United States to produce legal analyses, policy papers, legislative reviews, rapid response documents, outreach materials, and more. Course enrollment is by application. Students interested in applying for the course should submit a statement of interest about their background, why they would like to enroll in the course, and how they plan to use the skills they learn in the course.
The seminar will meet weekly at a mutually-agreed-upon time and place. This 9-credit externship is one of three components of the Duke Law in DC experience, which also includes a seminar course and a substantial research paper. With the support of the Externship Administrator, students seek and secure a full-time externship position with a non-profit or government agency or office in Washington, DC.
Duke Law in DC externship students have the opportunity to gain substantial hands-on experience in order to advance their academic and professional development while working under the supervision of an attorney on high-quality real-life work assignments.
Under the Duke Law Externship Program, a student must complete 50 hours of externship per externship credit; Duke Law in DC requires hours of externship to be completed between the first day of classes and the last day of exams each semester. Students are required to submit bi-weekly reflection papers and hours logs to the Externship Administrator and course professor. The Duke Law in DC externship program is open to second- and third-year law students, by permission only.
This course surveys the most common types of alternative dispute resolution processes: negotiation, mediation, arbitration, and court-annexed and governmental-agency ADR -all of which have gained wide-spread use as alternatives to traditional litigation. The survey encompasses three perspectives; the advocate's perspective in choosing the most appropriate ADR process in light of the different advantages and disadvantages of the various processes; the third-party neutral's perspective in facilitating or fashioning a just resolution of the parties' dispute; and the policy maker's perspective in utilizing ADR as a more efficient and cost effective substitute for traditional adjudication.
Modern capital and financial markets rely on a wide variety of complex instruments, including Treasury securities, structured debt and equity instruments, and derivatives of various kinds. Yet these instruments and the role they play in modern markets remain little understood. A basic understanding of these instruments has now become important in modern financial law practice and any discussions on financial policy and regulation. This course will review the workings of derivative instruments in the capital markets and how such instruments themselves are used.
The relationship between banking and capital markets, and between government and the private markets, will be explored, as will the most important legal and fiduciary responsibilities involved. While not highly technical, the various principal types of government securities and derivatives will be examined.
The acquisition, management, analysis, dissemination, and security of data are increasing important issues for individuals, commercial enterprises and governments. New technologies create a more connected and personal digital society. Every day, transactions engaged in by individuals generate ever expanding amounts of personal information, including credit card transaction information, purchasing histories, bank and other financial transaction information, location information, health information, real property ownership information, information relating to interactions with the criminal justice system, information shared on social media and other types of information.
Not only is the volume of personal information escalating rapidly; much of it is revealed in on line transactions, enabling it to be acquired for multiple uses, and much resides on servers and storage media where it can be accessible or potentially accessible to commercial enterprises and government agencies.
New cybersecurity risks are demanding responses from governments as they address attacks on critical infrastructure, election interference and the potential for manipulation of the data used to train artificial intelligence tools.
In both the commercial sector and the government sector, the legal and policy issues associated with data, cybersecurity and surveillance are growing in importance. Discussion of these issues in either sector cannot ignore the others, because the issues frequently intersect. They also transcend national boundaries. In the government sector, increased risks such as nation state cyber threats now create new priorities to add to those efforts spurred by the terrorist attacks on September 11, Combating and preventing terrorist and cybersecurity attacks relies heavily on the collection of information through electronic surveillance.
The tension between these efforts and individual privacy creates frictions that are forcing reconsideration of existing methods of mediating these interests. This tension then creates challenges for long accepted ideas of nation state use of signals intelligence interception and other information gathering operations such as the gathering of intelligence about potentially hostile governments.
The goal of this course is to provide students with a broad overview of how international rules shape global commerce. It will serve as a foundation in international law for students who never plan to take another international law course but also serve as a roadmap of the possibilities for international law study and careers for students who want to do more with international law.
The course begins with private, cross-border contracting, then moves on to public international law agreements as well. We start with conflict of law rules as well as international treaties designed to coordinate contract law CISG. From there we dive into the world of private international arbitration, including questions of when state should not permit international arbitration. The course will also covers torts claims, particularly under the Alien Torts Claims Act.
We will examine the Bhopal litigation before moving on to some of the cases that have been brought against major oil companies by citizens of developing countries. At that point, the course pivots towards more public law issues that govern international transactions. Finally, we turn to the major treaty regimes on economic subjects, including multilateral trade agreements and the network of bilateral investment treaties.
This seminar explores the intersection between literary and legal studies, with a particular focus on race and gender. Through literature and some film, the seminar examines the role of law in the structure of conflict, personal relationships, social hierarchy and social change, with attention to privilege, perspective, and voice. Grades will be determined from class participation, weekly response papers, and final paper pursuing a theme from the course.
American law attempts to protect individual interests in personal dignity and to guarantee a robust system of free expression. Both concerns are implemented, in part, through the common law of dignitary torts, and US constitutional law addresses their overlap and potential conflict.
This course will cover the torts of defamation, invasion of privacy, and intentional infliction of emotional harm, and the related constitutional doctrines that the Supreme Court has developed since This course is designed to prepare students for transactional law practice by introducing them to the process of structuring, negotiating, documenting and closing a corporate acquisition transaction.
The course is highly interactive. During the term, you will advise your client regarding deal structure, prepare due diligence requests and a due diligence report, draft an acquisition agreement, and negotiate the terms of the deal with counsel for the other party.
The professor will provide written feedback on drafting assignments and negotiations to help students refine their deal-making skills. This course will begin by exploring the historical structure of incentives in music and the changing economics of music production, including the preconditions for thinking of music as "property" and the gradual shift from patronage to a market-oriented system.
It will then proceed to examine music's unusually complex and increasingly fraught relationship with copyright law. The fundamental notions of originality and illicit copying are at odds with both functional limitations and long-standing aesthetic practices in music, such as the long history of accepted borrowing. As a result, there is an unusual body of music-specific case law that features intriguing circuit splits, vigorous disputes about expert testimony and prior art, and specialized doctrinal issues.
Students will gain an in-depth knowledge of these issues, and their application in prominent cases involving the songs "Blurred Lines," "Stairway to Heaven," and Katy Perry's "Dark Horse," as well as pending disputes over Lizzo's "Truth Hurts" and "Baby Shark," and then apply this knowledge in a mock trial.
The course will also cover the complicated licensing schemes that attach to different uses of music, from traditional revenue streams to fresh disputes regarding royalties for new uses such as ringtones and streaming services. This portion will include a discussion of the new Music Modernization Act. Finally, the class will conclude with an in-depth examination of the ongoing debates about how both the law and business practices might adapt to the new musical forms such as sampling and remixing and business models such as do-it-yourself distribution enabled by digital technology.
Throughout the semester, the course will include a special focus on current and ongoing disputes, issues, scholarship, and proposals. This class will examine the regulation of communications media, including newspapers, broadcast media, social media, and internet content generally.
In weighing the interests of the free press against competing interests like privacy, security, and reputation, this class will cover topics such as defamation, rights of publicity, privacy, and access to information. Students will learn skills relevant to defending reporters and other members of the press in litigations and advisory matters. Keyword Search. Course Browser. Course Credits 1 32 1 1. Final Exam A final exam will be offered.
It is strongly recommended that students take Business Associations before taking Corporate Taxation Federal Income Taxation is a prerequisite waivable at the discretion of the instructor for a student with a comparable tax background acquired in some other way.
Key themes will include: 1 The historic origins of public utility regulation; 2 The major U. It drives whether a company does an acquisition or sale. It is often a key component in damages in litigation. It guides how managers make disclosures in private transactions and public filings. At its most macro level, it drives the policy of governments. Course Requirements 1. The format for this course is unique.
The Health Justice Clinic is offered on a variable credit basis, credits. Important: As with other clinics, this course may not be dropped after the first class meeting. Appellate Clinic students represent real clients, enter appearances in court as student counsel, and operate under court-imposed deadlines and schedules. Consequently, clinical work must take priority over extracurricular activities. Students must attend the all-day clinic intensive held on a Friday in early September students in all clinics must attend.
Clinics Enrollment Policy Important: Students are required to attend the clinic intensive training session. Ethics Requirement Students are required to have instruction in the Model Rules of Professional Conduct prior to, or during, enrollment in the Appellate Litigation Clinic. Clinics Enrollment Policy This course may not be dropped after the first class meeting.
Topics will include: the number and importance of multi-state collective action problems both today and at the time of the creation of the Constitution; collective action theory in the social sciences; the promise and perils of relying on interstate compacts and other agreements to solve multi-state collective action problems; the necessity of federal power to solve such problems and a general examination of how Article I, Section 8, of the Constitution authorizes Congress to do so; the Interstate Commerce Clause and related structural principles i.
Final grades are based on a final exam and in class participation. Administrative Law. Final Exam. Business Strategy for Lawyers. Fall 19 Fall 20 Fall Fall 19 Fall 20 Spring Sports and the Law. Spring 20 Spring 21 Spring Comparative Law. Fall Criminal Procedure: Adjudication. Criminal Procedure: Investigation. Final Exam Class participation. State and Local Government Law. Spring Final Exam In-class exercise Class participation.
Employment Discrimination. Environmental Law. Foreign Relations Law. Fall 19 Fall Financial Accounting. First Amendment. Fall 19 Spring 21 Fall Duke Law is serious about academics. But we're also serious about creating "whole lawyers," people whose lives and interests and work complement each other.
Here, you'll find a community of people who are as passionate about life as they are about their studies. We balance hard work with fun, intellectual engagement and purposeful living. At Duke Law, we firmly believe you can have it all. It is also possible to matriculate into one degree program at Duke and apply to the other during the first year of study.
Each school will complete its normal application review process, and you will receive separate decisions for each degree. These processes run on different timelines, so you are not guaranteed to receive the decisions at the same time. If you are admitted to both degrees, you may choose where to begin your studies at Duke. Please be sure to notify the schools of your decision so that they can manage their classes appropriately.
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