General Litigation Courses

3 credits

This course will be an introduction to the practice of aggregate litigation from a social justice perspective. Topics will include all aspects of class action practice, an introduction to multidistrict litigation, attorney general and public advocate public interest litigation, public client cases, non-class aggregate litigation, selected bankruptcy issues for individuals as creditors, and other possibilities for litigating public interest issues at scale. Much of the course will focus on consumer protection (including products liability), civil rights and regulated business activities. A sub-unit will address solutions, at scale, to gun violence.

4 credits

This course is about civil and criminal enforcement of constitutional rights and other federal rights against government officials. The primary focus is on civil rights litigation in federal courts against state officials under the civil rights statutes passed in the wake of the civil war, including 42 U.S.C. ¿ ¿1983, 1981, 1982 and 1985 on the civil side and 18, U.S.C. ¿¿ 242 and 249 on the criminal side. The criminal segment of the course will be taught by an Assistant United States Attorney in charge of the Public Corruption and Special Prosecutions Unit and the Civil Rights Enforcement Team in the District of Massachusetts. Criminal issues include prosecutions of police officers for violating the civil rights of arrestees and hate crimes. On the civil side, we will examine the rights that give rise to civil rights action and, to a lesser extent, the scope of those rights. The kinds of cases include police brutality, unlawful searches and seizures and discrimination in government jobs. The issues that arise include many statutory questions, such as identification of proper parties to 1983 actions, and judge-make defenses, such as official and state immunities from damages actions and injunctive suits. We will also look at federalism and eleventh amendment limitations on congressional power and federal court remedial power in 1983 actions, although coverage of these issues will not be as thorough as in Federal Courts. The standards for holding local governments liable for damages will also be examined. Our major foray into the substance of constitutional rights will be with regard to the role of state remedies and defendant's state of mind for fourteenth amendment procedural due process violations. We will also look at substantive constitutional rights such as police brutality, medical care for prisoners and detainees, high speed police chases and other similar areas. There will also be some coverage of remedies against federal officials directly under the constitution and remedies against private individuals for civil rights violations. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

3 credits

The study of law largely involves understanding the substantive scopes of rights and of prohibitions, but, for the bar examination, for practice, and for intellectually engaging with legal topics conceptually, it is essential to understand what the potential solutions are for a wronged person or entity. Remedies is devoted to developing that latter understanding. In this course, we will explore the legal powers and limits for righting those who have been wronged and for preventing future wrongs. This course includes both public law and private law remedies with a particular focus on social justice and remedial topics that are generally not covered within the 1L curriculum or other required courses. In addition to helping to prepare students for bar examinations (which often test for remedies in civil procedure, contracts, property, and torts), examining remedial principles in this course will be useful to those encountering remedies problems in litigation across substantive fields. This course also covers historically-important and current, hot topics such as reparations, impact injunctions against governmental defendants (so-called "nationwide" or "universal" injunctions), and court-debt related remedies (such as litigation challenging drivers' license suspensions due to nonpayment of fines).

2 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Student Innovations Law Clinic. The BU/MIT Student Innovations Law Clinic (SILC) provides counseling and guidance to assist MIT and BU students with laws and regulations that relate to their innovation-related academic and extracurricular activities. As a companion to SILC Fieldwork course, in Privacy, Health & Media Seminar 2 students in SILC's Privacy, Health & Media Practice Group expand upon the legal and practice issues reviewed in the fall seminar, including issues in consumer privacy; sectoral privacy in health, finance, and education; cybersecurity and breach response; and FDA regulation of information technology and devices. This class will occasionally meet with some or all of the students in the other SILC Practice Group sections for clinic-wide discussions and case round presentations. NOTE: This Clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

2 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Student Innovations Law Clinic. The BU/MIT Student Innovations Law Clinic (SILC) provides counseling and guidance to assist MIT and BU students with laws and regulations that relate to their innovation-related academic and extracurricular activities. As a companion to SILC Fieldwork course, in Privacy, Health & Media Seminar 1 students in SILC's Privacy, Health & Media Practice Group meet to review substantive legal issues in information privacy, cybersecurity, and health law and how they relate to SILC's practice, including issues in consumer privacy; sectoral privacy in health, finance, and education; cybersecurity and breach response; and FDA regulation of information technology and devices. The seminar will also introduce students to the lawyering skills (including interviewing, counseling, negotiation, drafting, etc.) that will help them in counseling MIT and BU students on their creative and innovative projects. This class will occasionally meet with some or all of the students in the other SILC Practice Group sections for clinic-wide discussions and case round presentations. NOTE: This Clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

4 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Student Innovations Law Clinic. The BU/MIT Student Innovations Law Clinic provides counseling and guidance to assist MIT and BU students with laws and regulations that relate to their innovation-related academic and extracurricular activities. The clinic provides counseling in a variety of different areas of law, organized into three practice groups: (1) Intellectual Property; (2) Privacy, Health & Media; and (3) Venture & Finance. Representation of clients can include client counseling, contract and policy drafting and review, negotiation with third parties, and, if capacity allows, litigation and other dispute resolution. CO-REQUISITE: If students have not done so already, students must take at least one course in any one of the following four areas: (1) intellectual property (either an IP survey course or other core IP course such as patent, copyright, trademark, or trade secret); (2) privacy (including information privacy law or information risk management); (3) cybersecurity; or (4) corporations.  NOTE: The Technology Law Clinic counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.