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LAW 733: Sports and the Law
2.00 Credits
Duke University
Sports occupy a central place in modern society. It constitutes a significant sector in the economy and an important form of cultural expression. This course examines the legal relations among the various parties in sports at both the professional and amateur levels. Particular attention will be given to the importance given to the maintenance of competitive balance and its impact on traditional notions of competition that apply in other business settings. Contracts law, antitrust law, and labor law provide the essential core for the investigation of issues in this course. In addition, this course seeks to provide an informed perspective on the financial and business structures that define the industry. Instructor: Haagen
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LAW 736: Advanced Issues in Children's and Family Law
2.00 Credits
Duke University
This seminar will emphasize the ways in which culture impacts law relating to children. Specifically, we will examine and critique (1) the different conceptions of the child and childhood that exist today in American law and how each of these is informed by cultural assumptions and shifts, (2) the ways in which our new culture of technology will impact how children are conceived-both created and perceived-in the future, and (3) the ways in which child "abuse" and "neglect" are defined according to regional, majority, and minority-including both immigrant and indigenous-culture. The course will conclude with an in-depth study of the ways in which Native American children's issues have been and are today treated differently in federal law and by the courts-including by state, federal, and tribal courts-because of perceived and recognized cultural differences. Instructor: D. Coleman
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LAW 737: Environmental Litigation
2.00 Credits
Duke University
This course provides insight into the procedural, substantive, and tactical considerations attendant to environmental litigation - from the perspectives of both plaintiffs and defendants. The course is based upon a hypothetical set of facts and an "administrative record" that summarizes certain government actions implicating various federal environmental statutes. Instructor: Roady
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LAW 748: Strategies in Employment Discrimination Practice
1.00 Credits
Duke University
Strategies in Employment Discrimination Practice. This seminar applies the legal principles studied in Employment Discrimination Law (Law 232) to a semester-long, simulated practice problem. The goal of the seminar is to reinforce legal concepts studied in the basic course, and to introduce through task-oriented exercises the real-world dimensions of an employment discrimination practice, including decisions about which cases to take, what facts must be gathered, what steps must precede the filing of a lawsuit, and what legal theory or theories should be pursued. Students will engage in interviews, negotiations and strategy sessions, and will prepare various file memos, letters, and an agency complaint. The course is co-taught with an experienced practitioner. Students must either have previously taken, or be concurrently enrolled in, Law 232. Instructor: Bartlett 1 unit
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LAW 750: International Investment Law
2.00 Credits
Duke University
The purpose of this seminar is to explore this legal face of globalization by looking at how international law is implicated in the protection of FDI, the related international case law with special emphasis in the investment chapter of the North American Free Trade Agreement (NAFTA) and the evolution of different debates and criticism of the ideas behind the system for the promotion and protection of FDI.
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LAW 752: International Investment Law
2.00 Credits
Duke University
The purpose of this seminar is to explore this legal face of globalization by looking at how international law is implicated in the protection of FDI, the related international case law with special emphasis in the investment chapter of the North American Free Trade Agreement (NAFTA) and the evolution of different debates and criticism of the ideas behind the system for the promotion and protection of FDI. Instructor: de la Parra
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LAW 753: Law and Literature: Race and Gender
3.00 Credits
Duke University
This seminar uses contemporary fiction to explore 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, and social arrangements, with attention to privilege, perspective, and voice. Class discussion will layer the readings from each week, building on the materials previously read and discussed. Authors include Margaret Atwood, Richard Wright, Kazuo Ishiguro, Aravind Adiga, Toni Morrison, Ursula Hegi, and Nella Larsen. Instructors: Bartlett and Holloway
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LAW 754: Intellectual Property Licensing
2.00 Credits
Duke University
Patents, trademark, copyrights, and trade secrets each connote the ability to reserve to the holder the right to practice the invention, apply the mark, copy the expression, or retain the secret, respectively. However, simple retention of these rights or absolute conveyance of these rights to others may not maximize the holder's value in the property. Greater utility may be achieved by sharing some of the rights, while retaining others. This is the realm of intellectual property licensing. This course will survey key issues related to licensing each form of intellectual property, including the rationale behind the issues and alternative means of approach. The course will then touch on considerations of international licensing, licensing to the U.S. government, antitrust, and the non-negotiated license. Finally, the course will consider open licensing practices as found in open source software and the Creative Commons. Prerequisite: Intellectual Property. Instructor: Webbink
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LAW 757: The Takings Doctrine
2.00 - 3.00 Credits
Duke University
The Takings Clause of the Fifth Amendment governs two enormously controversial topics in Constitutional case law: overt physical takings of private land for "public use', and regulations of private property, for a variety of public purposes ranging from protection to historical preservation, which give rise to "regulatory takings." Instructor: J. Hart
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LAW 760: A Practitioner's Guide to Labor Law and Employment
2.00 Credits
Duke University
This course is designed to provide a practical overview of the main labor and employment law issues that arise in the U.S. workplace. Using a variety of approaches to instruction, and including mock exercises, outside speakers, writing exercises (such as drafting communications to government agencies or corporate clients), and drawing from current developments in the law, instructors familiarize the student with basic concepts underlying the broad range of labor and employment law. Students will explore issues from multiple perspectives including the employee, the employer, the union, and compliance enforcers. Students should have taken the basic labor law course or have a familiarity with the National Labor Relations Act and Title VII of the Civil Rights Act. Instructor: Bowling and McCalley
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