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  • LAW 710: Derivatives

    3.00 Credits
    Duke University

    Summary of major topics covered and areas of major emphasis: Selected practices and laws relating to the derivative markets, focusing on exchange-traded and over-the-counter transactions and their participants. Topics include analysis of applicable securities, commodities, and insolvency authorities, business and economic objectives, transaction structures and cash flows, hedge funds and structured finance vehicles, and industry documentation. The goals of this course are to expand students¿ awareness and understanding of the large-scale and diverse derivative markets, the products offered and market participants, the interplay of participants¿ business, economic, and regulatory objectives, and the important public interest and legal and regulatory framework ensuring the integrity, usefulness, and efficiency of these markets. Instructor: Krawiec
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  • LAW 714: Big Time College Athletics

    3.00 Credits
    Duke University

    This seminar will examine a large but seldom-studied part of American higher education: participation in highly commercialized intercollegiate football and basketball competition. It may also examine "non-revenue" sports competition, but the focus will be on the two big revenue sports. Instructor: Clotfelter
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  • LAW 717: Comparative Constitutional Design

    3.00 Credits
    Duke University

    Consideration of configurations of political institutions apt for democratizing countries, especially those divided by ethnic or religious affiliations. Begins with theories of constitutional and legal change and of efficacy of constitutions as instruments of conflict management, as well as alternative approaches. Specific issues include: electoral systems; federalism and regional devolution; the presidential-parliamentary debate; costs and benefits of judicial review; the special issue of Islam and the state. Extensive discussion of the overarching question of adoptability and emphasis on the relations between processes of constitutional change and the content of the institutions adopted. Instructor: Horowitz
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  • LAW 724: IP, Public Domain and Free Speech

    3.00 Credits
    Duke University

    This advanced seminar examines current intellectual property debates, focusing particularly on digital copyright. Its goal is to analyze issues of academic interest but also considerable practical importance. Readings and projects will explore tensions between intellectual property law and freedom of expression, as well as challenges posed by new technologies, in both the US and EU. Instructor: Jenkins
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  • LAW 727: Current Issues in Constitutional Interpretation

    1.00 Credits
    Duke University

    This seminar will examine important constitutional issues that have arisen in recent Supreme Court cases and will use those cases as a vehicle for considering broader questions of constitutional interpretation and Supreme Court practice, such as theories of interpretation and the role of stare decisis. Among the issues that may be studied are the Second Amendment right to keep and bear arms, the Sixth Amendment rights to counsel and trial by jury, the Eighth Amendment right to be free of cruel and unusual punishment, and the right to petition for a writ of habeas corpus. Instructor: Alito, Samuel
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  • LAW 728: Topics in Employment Discrimination Law

    2.00 Credits
    Duke University

    This course explores foundational concepts in statutory law and doctrine with an emphasis on the critical roles that economic analysis and evidence play in litigation strategies. Main themes covered include: the evolution of disparate impact law and its future after Ricci v. DeStefano; the use of statistical evidence in employment discrimination litigation; the jurisprudence of the Americans with Disabilities Act and the Age Discrimination in Employment Act; and frontiers in workplace discrimination law.
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  • LAW 729: Law & Globalization

    3.00 Credits
    Duke University

    What do they mean by globalization? Is it different from internationalization? Is the relation between globalization and law more than just a rising importance of traditional international law? This seminar seeks answers to these questions. Developing a concept of globalization, we will try and understand how globalization and the law interact in different areas: public international law and international relations (including human rights), adjudication (issues of judicial jurisdiction and of court-to-court interaction), the rise of non-state law (soft law, business standards, Islamic law, new law merchant), the internet (internet defamation and free speech restrictions, e-commerce and e-trade), economic regulation (antitrust, securities regulations). In all these areas, we try to understand how globalization shapes the law, and how the law in turn shapes, and creates, globalization.
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  • LAW 730: Human Rights Advocacy

    4.00 Credits
    Duke University

    This practice-based seminar is designed around four intersecting aspects of human rights advocacy, to encourage critical reflection on the principles and practice, and the strategic objectives of human rights lawyering. Faculty: Hurwitz 4 credits
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  • LAW 731: Legal Strategy

    2.00 Credits
    Duke University

    A theoretical and practical approach to appreciating the complexities of legal strategy. The course commences with eight hours of lecture and discussion on a variety of analytical methodologies for addressing strategy- economic, psychological, game theoretic. The remaining twenty seven hours focuses on specific legal problems with intense role-playing to reinforce the application of these analytic tools in a realistic setting. The role-playing will be supervised and reviewed by practitioners who are experts in the relevant legal problems. Instructors: Gilbert, Lewis, and McGovern
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  • LAW 732: Comparative Legal Reasoning

    2.00 Credits
    Duke University

    This seminar will examine differences in the method and style of legal reasoning between continental legal systems and common-law legal systems. We will start by trying to establish what, in each of those systems, would be considered the ideal form of legal argumentation; that is the type of reasoning that would be addressed to what Chaim Perelman, and Jurgen Habermas following Perelman, called a "universal audience." We shall also explore the question of how each of these types of legal systems copes with the tensions between the utopian desire for broad general principles of law and the pragmatic recognition that the law deals with concrete situations that require a more particular and narrowly focused doctrinal base. Throughout the seminar we shall be exploring how the structure and forms of legal and moral reasoning that is accepted as appropriate by particular society are influenced by the underlying value structure of that society and in turn actually influence and shape the value structure of that society. Instructors: Christie and Haarscher
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