Advance Your Career With a Master of Studies in Law (MSL)

This self-paced course presents a survey of the law pertaining to government procurement, including an analysis of the unique features of government contracting and a discussion of the functions of Congress, the executive branch, and the courts in the procurement process. This course will introduce students to basic foundational concepts and vocabulary that will be further developed in later courses in the government procurement curriculum. This course is graded on a CR/NC basis. (Quizzes)

Survey of the law pertaining to government procurement, including an analysis of the unique features of government contracting and a discussion of the functions of Congress, the executive branch, and the courts in the procurement process. The course focuses on the contract formation process, including techniques for awarding contracts and litigation and protests involving awards. (Examination and problem assignments)

Discussion of the substantive problems that most frequently arise during the performance of government contracts. Interpretation of specifications and the most generally used contract clauses; analysis of the rights of the parties when performance in accordance with the terms of the contract is not obtained. Analysis of the methods that can be used by the parties to a government contract to obtain legal relief, including detailed coverage of the disputes procedure, actions for breach of contract, and forms of equitable and extraordinary relief. (Examination and problem assignments)

Legal aspects of government contract accounting principles and allowability of costs. Cost accounting standards and cost allocation issues. Negotiation of cost, profit, and price. Disclosure of cost accounting data. (Problem assignments)

This course teaches advanced writing to professionals in the government contracts field, including effective written communication tips and tools that students will use in upper-level seminar courses. Throughout the semester, the students will write and edit a short research paper related to government contracts and complete weekly writing assignments. This course is graded on a CR/NC basis and is available only for MSL candidates in the government procurement law program. (Writing assignments)

This course will cover domestic and international anti-corruption laws. Domestically, this course will examine traditional U.S. bribery and gratuity laws, the U.S. Foreign Corrupt Practices Act, the Procurement Integrity Act, fraud actions under the False Claims Act, contractor compliance programs, mandatory disclosure rules, the suspension and debarment regime — and the implementation and enforcement of these laws and programs. The course will also cover international anti-corruption efforts both in enforcement and through international instruments, such as the Organization for Economic Cooperation and Development Anti-Bribery Convention, the UK Bribery Act, and other emerging anti-corruption regimes. (Examination and in-class activities)

This course gives students the opportunity to explore the role of counsel assigned to a bid protest related to award of a government contract, either as agency counsel, protest counsel, or intervenor counsel. In their first year of practice, most government contracts attorneys will encounter bid protest litigation in one form or another. The bid protest scenario presented in this course will be similar to complex, multimillion-dollar cases attorneys face in practice. Students will experiment with litigation strategies and construct arguments on behalf of clients throughout the bid protest process. Students will receive faculty and peer feedback on oral and written advocacy work products. Enrollment is limited. Prerequisite for JD students: Law 6500 or 6502 or permission of the instructor. (Writing assignments and oral presentations)

Survey of the different legal mechanisms for protecting intellectual property, including patent, trademark, copyright, and related state–law doctrines. This course is intended for students who desire a general exposure to intellectual property law but who do not plan to specialize in the field; taking this course as a foundation for more specific intellectual property courses is not recommended. Not for credit toward an LLM in intellectual property law. (Examination)

This course provides experiential learning for students planning a career in the federal government advising and leading legislative, executive, or judicial branch programs. An understanding of federal appropriations law is a fundamental skill for all federal attorneys. The identification of an available appropriation, its permissible uses, and any relevant restrictions or prohibitions, is a threshold issue prior to taking any federal action, including executing a federal contract. Federal attorneys with a working knowledge of appropriations law bring critical expertise to bear in advising internal agency clients on how to maximize scarce resources. (Writing assignments and class participation)

This seminar offers a review of emerging issues in US procurement law, using information technology procurement and other critical market sectors as a starting point for analysis; we will also be looking to international procurement law, as a comparative counter-example to US law. Prerequisite or concurrent registration: Law 6500 or Law 6502, or permission of instructor. (Research paper)

This course provides experiential learning for students planning a career in the federal acquisition field as well as in the private sector. An understanding of Other Transaction Authority (OTA) is a fundamental skill for all federal attorneys. The identification of a prototype or research Other Transaction (OT) requirement, its permissible uses, and any relevant restrictions or prohibitions, is a threshold issue prior to taking any federal action, including executing a federal contract. Attorneys with a working knowledge of OTA bring critical expertise to bear in advising internal agency clients on how to maximize scarce resources and broaden the industrial base. While OTA is a “tool” in the acquisition “toolbox,” it offers a much more flexible approach over a traditional FAR-based procurement contract, allowing the government to emulate commercial negotiations and practices. Prerequisite: Law 6500 or 6502, or written permission of the Program Director. (In-class and written exercises, class participation)

This course explores the legal issues arising out of the U.S. government’s increasing reliance on “technology,” which broadly includes software providers, cloud service providers, and professional services, to meet its mission. Students will be introduced to the unique procurement law issues and opportunities that technology government procurement practitioners encounter in their daily work, including public sector technology negotiations, client advising, compliance and security issues, and risk management. JD students must complete Law 6500 or 6502 prior to enrolling in this course (or obtain the advanced, written permission of the instructor. (In-class and written exercises)

Required for MSL students who do not hold a JD degree. Topics include an introduction to law school pedagogy, an overview of basic areas of US law and the structure of the court system, and legal research and writing assignments. Not open to JD or LLM Students. (Examination and writing assignment)

U.S. law (and incorporated international law) affecting national security. Topics may include the use of armed force abroad (general war, defensive war and reprisal, peace and stabilization operations); intelligence operations abroad (history, organization and oversight, legal issues in the field); selected issues of counterterrorism; and access to and protection of classified information (classification, Freedom of Information Act (FOIA), state secrets privilege, leak control, prior restraints on publication). (Proctored examination on campus, take-home examination online)

Issues relating to the organization of the Internet and the federal government’s response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyberdomain. Students who receive credit for Law 6890 Cybersecurity Law and Technology may not enroll in this course. (Take-home examination)

This course examines basic technical concepts relevant to the law. It is designed as a foundational course that will introduce students to key terms and concepts related to cybersecurity. The course will provide a basic understanding of cybersecurity topics that will empower students to more easily identify, understand, and analyze associated legal issues. This course is recommended for students who have little to no technical knowledge but intend to enroll in cyber-related courses as part of their academic curriculum. Students who have prior technical knowledge should not enroll in this course. This course is graded on a CR/NC basis. Students who receive credit for Law 6890 Cybersecurity Law and Technology may not enroll in this course. (Mid-term take-home examination and final take-home examination)

Issues relating to the organization of the Internet and the federal government’s response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyberdomain. Also, examination of basic terms and concepts relevant to cybersecurity technology required to identify, understand, and analyze associated legal issues. Students who receive credit for Law 6879, Cybersecurity Law and Policy or Law 6884, Technology Foundations for Cybersecurity may not enroll in this course. (Writing assignments and take-home examination)

The nature and origins of the federal government’s foreign relations powers; cooperation and competition between the executive and legislative branches; the role of the courts in foreign affairs; limitations on state powers touching on foreign affairs; treaties, executive agreements, and customary international law and their relationship to U.S. domestic law; the extraterritorial application of U.S. law; and sovereign and official immunities. (Proctored examination)

Focus on speech on the internet, including governmental attempts to control or filter speech, intermediary liability for third-party speech, digital rights management and other copyright issues, and domain names as speech. The rules and institutions that permit or disallow governance of these issues. Students may not receive credit for both Law 6493 and 6485. (Take-home examination)

This course explores the cross-disciplinary legal and policy aspects of artificial intelligence (AI). Analysis of the impact of AI on society and the ability of current legal and regulatory frameworks to address issues arising from the use and deployment of AI. Introduction to emerging technology and evaluation of the complex and evolving set of legal, ethical, and social issues presented by their use. Examination of the legal, social, ethical, economic, and technical implications for society generally and national security specifically. Topics include the technology of AI, its development in the broader context of historical developments in technology, its growth and impact across various sectors in society, and evaluation of its impact on national and global security. This also will include the potential development and use of autonomous weapons systems and its compatibility with international humanitarian law principles. (Take-home examination (online) or proctored examination (on campus))

The fundamental U.S. legal, policy, and regulatory framework restricting foreign access to U.S. technology, an area that implicates commercial, trade, and national security laws and policies. Restriction on foreign investment in the United States and access to U.S. technological and other assets, including the respective roles and powers of the Executive and Legislative branches of the federal government; related commercial, legal and policy issues surrounding critical technologies; and, how foreign access to U.S. technology straddles commercial, trade and national security law and policy. Increased United States restriction of foreign access to U.S. technology, such as through Defense Production Act amendments and expanded authority of the Committee on Foreign Investment in the United States to review foreign investment involving technology and personal data, targeted export controls and sanctions enforcement, criminal prosecutions, and curbs on foreign participation in U.S. academic and research settings. (Take-home examination)

Information privacy law, including the development of constitutional, tort, contract, property, and statutory law to address emerging threats to privacy. Privacy and the media, privacy and law enforcement, workplace privacy, privacy and online transactions, medical and genetic privacy, and privacy and personal records and information. (Examination)

This course focuses on regulation of consumer privacy and data protection. In depth review of the two major approaches to such regulation, the US approach and the EU approach, and the various dimensions and components of privacy laws. Structural dimensions of laws examined include individual rights, consent, harm, sensitive data, accountability, automated decisions, data security, and enforcement. Emerging issues covered include algorithms, artificial intelligence, machine learning, technological design, platform governance, behavioral advertising, and cyber civil rights. Prior enrollment in 6486 is recommended. (Proctored online examination)

This course explores the law and best practices for cybersecurity risk management and incident response, with particular reference to critical infrastructure systems such as the electric grid. A series of tabletop exercises will give students hands-on training in counseling board members and organizational senior leadership and working with technical and administrative managers, law enforcement, and regulators. This course will also address the increasing role of artificial intelligence in cybersecurity. Students who have enrolled in Law 6892 Selected Topics in Cybersecurity Law: Protecting Critical Infrastructure: Meeting Cybersecurity and National Security Threats or Law 6892, Selected Topics in Cybersecurity Law: Risk Management and Incident Response: Legal Approaches may not take this course. Prerequisites or concurrent registration: Law 6879 and 6884 or 6890. (Take-home examination and class participation)

An overview of international and regional human rights instruments and institutions, focusing on the manner in which the United Nations, Inter-American, European, and African human rights systems seek to protect individual and group rights. Examination of the problems these systems have encountered in discharging their mandate, and exploration of ways to strengthen international and regional governmental and nongovernmental efforts in the human rights field. Prerequisite or concurrent registration: Law 6520; for post-JD students, permission of instructor may be substituted. (Online proctored examination)

This course will cover domestic and international anti-corruption laws. Domestically, this course will examine traditional US bribery and gratuity laws, the US Foreign Corrupt Practices Act, the Procurement Integrity Act, fraud actions under the False Claims Act, contractor compliance programs, mandatory disclosure rules, the suspension and debarment regime — and the implementation and enforcement of these laws and programs. The course will also cover international anti-corruption efforts both in enforcement and through international instruments, such as the Organization for Economic Cooperation and Development Anti-Bribery Convention, the UK Bribery Act, and other emerging anti-corruption regimes. (Take-home examination and in-class activities)

This self-paced course presents a survey of the law pertaining to government procurement, including an analysis of the unique features of government contracting and a discussion of the functions of Congress, the executive branch, and the courts in the procurement process. This course will introduce students to basic foundational concepts and vocabulary that will be further developed in later courses in the government procurement curriculum. This course is graded on a CR/NC basis. (Quizzes)

Survey of the law pertaining to government procurement, including an analysis of the unique features of government contracting and a discussion of the functions of Congress, the executive branch, and the courts in the procurement process. The course focuses on the contract formation process, including techniques for awarding contracts and litigation and protests involving awards. (Examination and problem assignments)

Discussion of the substantive problems that most frequently arise during the performance of government contracts. Interpretation of specifications and the most generally used contract clauses; analysis of the rights of the parties when performance in accordance with the terms of the contract is not obtained. Analysis of the methods that can be used by the parties to a government contract to obtain legal relief, including detailed coverage of the disputes procedure, actions for breach of contract, and forms of equitable and extraordinary relief. (Examination and problem assignments)

Intellectual property law in terms of its challenges to federal government procurement rules. Competing policy demands for innovation, transparency, and sound public investment in the intersection of intellectual property law and federal procurement rules. Prerequisite for JD students: Law 6500 or 6502 or permission of the instructor. (Problem assignments)

This course teaches advanced writing to professionals in the government contracts field, including effective written communication tips and tools that students will use in upper-level seminar courses. Throughout the semester, the students will write and edit a short research paper related to government contracts and complete weekly writing assignments. This course is graded on a CR/NC basis and is available only for MSL candidates in the government procurement law program. (Writing assignments)

Issues relating to the organization of the internet and the federal government’s response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyberdomain. Students who receive credit for Law 6890 Cybersecurity Law and Technology may not enroll in this course. (Take-home examination)

This course examines basic technical concepts relevant to the law. It is designed as a foundational course that will introduce students to key terms and concepts related to cybersecurity. The course will provide a basic understanding of cybersecurity topics that will empower students to more easily identify, understand, and analyze associated legal issues. This course is recommended for students who have little to no technical knowledge but intend to enroll in cyber-related courses as part of their academic curriculum. Students who have prior technical knowledge should not enroll in this course. This course is graded on a CR/NC basis. Students who receive credit for Law 6890 Cybersecurity Law and Technology may not enroll in this course. (Take-home mid-term examination and take-home final examination)

Issues relating to the organization of the Internet and the federal government’s response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyberdomain. Also, examination of basic terms and concepts relevant to cybersecurity technology required to identify, understand, and analyze associated legal issues. Students who receive credit for Law 6879, Cybersecurity Law and Policy or Law 6884, Technology Foundations for Cybersecurity may not enroll in this course. (Writing assignments and take-home examination)

This course gives students the opportunity to explore the role of counsel assigned to a bid protest related to award of a government contract, either as agency counsel, protest counsel, or intervenor counsel. In their first year of practice, most government contracts attorneys will encounter bid protest litigation in one form or another. The bid protest scenario presented in this course will be similar to complex, multimillion-dollar cases attorneys face in practice. Students will experiment with litigation strategies and construct arguments on behalf of clients throughout the bid protest process. Students will receive faculty and peer feedback on oral and written advocacy work products. Enrollment is limited. Prerequisite for JD students: Law 6500 or 6502 or permission of the instructor. (Writing assignments and oral presentations)

Survey of the different legal mechanisms for protecting intellectual property, including patent, trademark, copyright, and related state–law doctrines. This course is intended for students who desire a general exposure to intellectual property law but who do not plan to specialize in the field; taking this course as a foundation for more specific intellectual property courses is not recommended. Not for credit toward an LLM in intellectual property law. (Examination)

This course provides experiential learning for students planning a career in the federal government advising and leading legislative, executive, or judicial branch programs. An understanding of federal appropriations law is a fundamental skill for all federal attorneys. The identification of an available appropriation, its permissible uses, and any relevant restrictions or prohibitions, is a threshold issue prior to taking any federal action, including executing a federal contract. Federal attorneys with a working knowledge of appropriations law bring critical expertise to bear in advising internal agency clients on how to maximize scarce resources. (Writing assignments and class participation)

This seminar offers a review of emerging issues in U.S. procurement law, using information technology procurement and other critical market sectors as a starting point for analysis; we will also be looking to international procurement law, as a comparative counter-example to U.S. law. Prerequisite or concurrent registration: Law 6500 or Law 6502, or permission of instructor. (Research paper)

This course provides experiential learning for students planning a career in the federal acquisition field as well as in the private sector. An understanding of Other Transaction Authority (OTA) is a fundamental skill for all federal attorneys. The identification of a prototype or research Other Transaction (OT) requirement, its permissible uses, and any relevant restrictions or prohibitions, is a threshold issue prior to taking any federal action, including executing a federal contract. Attorneys with a working knowledge of OTA bring critical expertise to bear in advising internal agency clients on how to maximize scarce resources and broaden the industrial base. While OTA is a “tool” in the acquisition “toolbox,” it offers a much more flexible approach over a traditional FAR-based procurement contract, allowing the government to emulate commercial negotiations and practices. Prerequisite: Law 6500 or 6502, or written permission of the program director. (In-class and written exercises, class participation)

This course explores the legal issues arising out of the U.S. government’s increasing reliance on “technology,” which broadly includes software providers, cloud service providers, and professional services, to meet its mission. Students will be introduced to the unique procurement law issues and opportunities that technology government procurement practitioners encounter in their daily work, including public sector technology negotiations, client advising, compliance and security issues, and risk management. JD students must complete Law 6500 or 6502 prior to enrolling in this course (or obtain the advanced, written permission of the instructor. (In-class and written exercises)

Focus on speech on the internet, including governmental attempts to control or filter speech, intermediary liability for third-party speech, digital rights management and other copyright issues, and domain names as speech. The rules and institutions that permit or disallow governance of these issues. Students may not receive credit for both Law 6493 and 6485. (Take-home examination)

This course explores the cross-disciplinary legal and policy aspects of artificial intelligence (AI). Analysis of the impact of AI on society and the ability of current legal and regulatory frameworks to address issues arising from the use and deployment of AI. Introduction to emerging technology and evaluation of the complex and evolving set of legal, ethical, and social issues presented by their use. Examination of the legal, social, ethical, economic, and technical implications for society generally and national security specifically. Topics include the technology of AI, its development in the broader context of historical developments in technology, its growth and impact across various sectors in society, and evaluation of its impact on national and global security. This also will include the potential development and use of autonomous weapons systems and its compatibility with international humanitarian law principles. (Take-home examination (online) or proctored examination (on campus))

The fundamental U.S. legal, policy, and regulatory framework restricting foreign access to U.S. technology, an area that implicates commercial, trade, and national security laws and policies. Restriction on foreign investment in the United States and access to U.S. technological and other assets, including the respective roles and powers of the Executive and Legislative branches of the federal government; related commercial, legal and policy issues surrounding critical technologies; and, how foreign access to U.S. technology straddles commercial, trade and national security law and policy. Increased United States restriction of foreign access to U.S. technology, such as through Defense Production Act amendments and expanded authority of the Committee on Foreign Investment in the United States to review foreign investment involving technology and personal data, targeted export controls and sanctions enforcement, criminal prosecutions, and curbs on foreign participation in U.S. academic and research settings. (Take-home examination)

Information privacy law, including the development of constitutional, tort, contract, property, and statutory law to address emerging threats to privacy. Privacy and the media, privacy and law enforcement, workplace privacy, privacy and online transactions, medical and genetic privacy, and privacy and personal records and information. (Examination)

This course focuses on regulation of consumer privacy and data protection. In depth review of the two major approaches to such regulation, the U.S. approach and the EU approach, and the various dimensions and components of privacy laws. Structural dimensions of laws examined include individual rights, consent, harm, sensitive data, accountability, automated decisions, data security, and enforcement. Emerging issues covered include algorithms, artificial intelligence, machine learning, technological design, platform governance, behavioral advertising, and cyber civil rights. Prior enrollment in 6486 is recommended. (Proctored online examination)

This course explores the law and best practices for cybersecurity risk management and incident response, with particular reference to critical infrastructure systems such as the electric grid. A series of tabletop exercises will give students hands-on training in counseling board members and organizational senior leadership and working with technical and administrative managers, law enforcement, and regulators. This course will also address the increasing role of artificial intelligence in cybersecurity. Students who have enrolled in Law 6892 Selected Topics in Cybersecurity Law: Protecting Critical Infrastructure: Meeting Cybersecurity and National Security Threats or Law 6892, Selected Topics in Cybersecurity Law: Risk Management and Incident Response: Legal Approaches may not take this course. Prerequisites or concurrent registration: Law 6879 and 6884 or 6890. (Take-home examination and class participation)