Class Schedule

This non-writing seminar will meet every other week to discuss the professor’s book in progress, Academic Freedom, the First Amendment, and the American University.  The book explores the emergence of academic freedom as a distinctive First Amendment right and its relationship to general First Amendment rights of free speech.  It observes that judicial decisions have extended this right to professors, universities, and students, whose interests in academic freedom may conflict.  It also observes that state interests and the constitutional rights of individual citizens may conflict with interests in academic freedom.  Examples of state interests include national security, public health, and the enforcement of laws prohibiting employment discrimination and harassing speech.  Examples individual constitutional rights include free speech, the free exercise of religion, and equal protection.  After reviewing the case law, the book proposes a theory of First Amendment academic freedom to address these complicated issues.  Students will write two to three page reaction papers for every seminar meeting.  Class discussions will address the process of legal scholarship as well as the substantive contents of the book.  The course does not satisfy the law school’s writing requirement.  Grading will be pass/fail.

This course will take a criminal case from its inception through trial, plea or dismissal. Students will perform skills weekly on different elements of the case such as intake evaluation, pretrial motions, plea negotiations, witness preparation and trial. Ethics will also be included. The course is recommended for those with an interest in a career in criminal law, especially those considering employment in either a prosecutor's or public defender’s office.

The class will be a combination of remote and in person exercises.  No student will be required to appear in person, but students will be given the option of doing so on some of the class days.  The hope is to give students the chance to perform in ways that are currently being used in different jurisdictions around the country.    Obviously this is evolving and subject to change.  The plan is also to involve guest appearances by some former students who took this class and are now working in public defender or prosecutor’s offices.

Students who have taken LAW 179P, Adv Skills: Criminal Court may not take LAW 179P, Advanced Criminal Law Skills.

This class is limited to 3L students. It is for students who have mastered the basic and advanced advocacy skills and will focus on cutting-edge advocacy theories and techniques. The class combines both discussion and practice sessions focusing on both traditional legal exercises and other experimental approaches to advocacy. Students will also spend several weeks learning and practicing how to conduct a voir dire examination and will perform a full voir dire using independent jurors.  Students will work with Dell Medical students on a trial. This class operates in a seminar fashion as well as focusing on skills-based training. The class has an extensive reading/discussion list in addition to the skill work and outside research. Suggested prerequisites: Evidence, Advocacy Survey, and Advanced Advocacy work such as appellate advocacy,  ADR courses, clinics or interscholastic work.

This class has a mandatory evening skills component (Monday or Wednesday evening). Students must register for both the lecture (376M) and either Monday or Wednesday evening skills portion (176N) of the class. Please note, the evening Skills portion of the class will not begin until week 5 or 6 of the semester and will run for eight weeks. Advocacy survey is designed for beginning advocacy students who are interested in gaining exposure to all areas of advocacy. While focusing primarily on trial skills, the course will also cover topics such as transactional practice, motion practice and alternative dispute resolution. By combining theory through the lecture sessions with technique training in skills sessions, students are able to practice what they learn. Students get hands-on practice in areas such as opening and closing statements, the use and relevance of technology in litigation, transferable skills for a transactional practice, and the basic skills necessary to try a case. The skill sessions will end with the trial of a case. Students will examine a case file from pretrial motions, transactional, ADR, arbitration, voir dire, and trial. This is a 4-credit series (1 credit pass/fail, 3 credits graded).

Prerequisite or Concurrent: Evidence.

Students get hands-on practice in areas such as opening and closing statements, the use and relevance of technology in litigation, transferable skills for a transactional practice, and the basic skills necessary to try a case. The skill sessions will end with the trial of a case.

Students get hands-on practice in areas such as opening and closing statements, the use and relevance of technology in litigation, transferable skills for a transactional practice, and the basic skills necessary to try a case. The skill sessions will end with the trial of a case.

ALTERNATIVE DISPUTE RESOLUTION (3 HOUR COURSE) The Alternative Dispute Resolution Survey course is designed to provide a broad-based introduction to negotiation, mediation, and arbitration, for students interested in either advocacy or transactional practices.  ADR methods are now more common than the courtroom for resolving civil disputes; more than 99% of civil cases are settled before trial, if cases are even filed at the courthouse. Many commercial agreements now contain mandatory mediation/arbitration provisions, and statutory and case law both favor ADR. This course will examine the policy and business reasons for the rise in ADR; explore the various ADR methods; discuss negotiating and why lawyers must learn successful negotiating skills; and provide students with an opportunity to experience these concepts through class exercises. The professor is a 30+year litigation attorney with substantial experience to both trial and ADR disputes, and he brings a practical, real-world approach to the lectures and exercises. There will be no exam, but a final written project is required. Grading will be based upon class participation, attendance, and the final paper. Please note: Students may only miss two classes per semester, additional absences will be reflected in a lower grade.

Is there a place in the law for the consideration of the interests of animals? Throughout the semester, we will examine the jurisprudential basis and theoretical underpinnings of the current status of animals in our legal system. Students will read a diverse cross-section of legal theory and case law delving into controversial moral, ethical, and public policy considerations in balancing the interests of animals and humans. Thus, we will study animal law through the prism of traditional legal disciplines, including tort, contract, criminal, regulatory, administrative, and constitutional law. This is not an animal rights course. Rather, students will be expected to come to class prepared and ready to challenge one another to consider whether the law has a place for animals, and if so, where we should draw the line. From time to time, guests with expertise in relevant legal areas will be invited to address the class. One-third of each student’s course grade will be based on regular class attendance and substantive participation demonstrating thoughtful review of the assigned materials prior to class. (Students who arrive substantially late or leave early may not be credited for having attending class. Anyone experiencing or anticipating excessive absences is strongly encouraged to contact the instructor.) As a final project, students will apply their knowledge from the course to prepare an original law review-style research paper at least 20 pages long on an approved topic of their choosing. The paper, which is not graded anonymously, will constitute two-thirds of the course grade. Each student also will make a brief presentation on his or her paper during one of the final two class sessions, which will be considered in evaluating class participation.

The course begins by explaining why the American antitrust laws' critical expressions -- "restraint of trade," "monopolizes," "decreases competition" -- should be interpreted in ways that make the legality of the various types of business conduct covered by those laws depend on economic analyses of the motivations of those who engage in them or certain consequences that they have. It then analyzes the economic factors that determine the legality of the various practices that the American antitrust laws cover. Approximately three-fourths of class-time will be devoted to economic analysis. The remaining time will be devoted to explaining the positive case-law and guidelines and analyzing the respects in which the courts and antitrust enforcement agencies are analyzing the legality of the conduct in question correctly and incorrectly. No background in economics will be presupposed, though students without such a background will have to work harder, particularly at the beginning of the course. Diagrams but no more advanced type of mathematics will be used. This course can be taken instead of or in addition to the regular antitrust course.

This pass-fail course teaches students to do the work of an appellate clerk. We will analyze briefs and record excerpts, write sample bench memos, and draft and edit opinions. I expect students to attend every class unless excused. The class is only open to students who have accepted an appellate clerkship or who plan to apply to one.

In recent decades there has been an explosion of interest in arbitration. The aim of this course is to think deeply about this trend, and in particular about the justifications for arbitration as a method of dispute resolution, its limits, and the principles that govern its practice. We will select topics that allow us to connect the debates over arbitration with larger debates about the function and the forms of law in modern societies. To illustrate the range of questions we might address, consider the following. Is the increased interest in arbitration a response to perceived defects in the regular court system and if so, what are those defects? More generally, how do arbitration courts and the ordinary judiciary interact? Would arbitration work in a world without courts? What about criticisms of arbitration, such as that it systematically advantages the more powerful party in a contractual relationship? Are there any matters that the state should declare nonarbitrable, and on what grounds? What kind of law are arbitrators supposed to apply in rendering their awards? How does that law relate to the law courts use? How does it relate to broader notions of justice and equity? Is there a role for stare decisis, and should there be? How should arbitrators vote? Should dissents be allowed? Also, a number of very important and interesting topics arise in special forms of arbitration. For example, under the ICSID system in Washington, an individual is allowed to sue a state in its international capacity before an international arbitral body. Is a strong form of transnational law being created in these cases? Are there any structural biases in such a system? How does the law developed in these cases fit with democratic values?

This course covers Title 11 of the U.S. Code, the Bankruptcy Code. It includes both consumer and business bankruptcy and a modest introduction to state law collection issues. Students learn the basic concepts of "straight" bankruptcy liquidation (Chapter 7), in which a trustee is appointed to sell the debtor's assets and pay the proceeds to the creditors. For consumers, that topic includes the fresh start--the discharge of all pre-existing debt--and the identification of exempt assets. Students also study the rehabilitation provisions, under which the debtor attempts to pay all or some part of the pre- bankruptcy debt: Chapter 13 payout plans for consumers and Chapter 11 reorganization proceedings for businesses. Principal attention is given to the substance of the bankruptcy laws, including the "avoiding powers" (for example, preferences, fraudulent conveyances, and rejection of executory contracts), treatment of secured creditors (including the automatic stay against repossession or foreclosure), and priorities in asset distribution. More than half of the course is devoted to business reorganizations in Chapter 11 [cases like Sears, Hertz and Neiman Marcus], including the legal requirements for confirmation of a plan of reorganization and "cramdown" of recalcitrant creditors. Questions of jurisdiction and procedure are introduced, but are not the major focus of the course. The course attempts to give balanced attention to the practice realities of negotiation and leverage within a complex of doctrinal rules and to the social and economic consequences of the bankruptcy system in both its consumer and commercial manifestations.

Prerequisite: Secured Credit. The prerequisite may be concurrent, that is, taken during the same semester.

An introduction to the legal rules and principles, as well as some of the economic factors, that pattern the conduct of productive enterprise in the U.S. The principal focus will be upon the large, publicly traded corporation that dominates much of the U.S. business environment - in particular, its financing, its control, and the potentially conflicting interests that the firm must mediate. Legal topics to be covered accordingly include shareholder and executive compensation, basic fiduciary obligations, shareholder voting rights, derivative suits, corporate reorganization and control transactions. We shall also devote some attention to partnerships, closely held corporations and other business forms. No prior background in business law or economics is assumed. Corporations and Business Association, Business Associations, and Business Associations (Enriched) may not be repeated for credit.

This course will examine some general jurisprudential and moral issues related to the American system of capital punishment. The course will focus primarily on the development of the law governing capital punishment in the United States since 1970. Some of the main themes include: the legal structure of the Supreme Court's post-1970 death penalty jurisprudence, the scope of available appellate and post-conviction review in capital cases (particularly federal habeas review), the ubiquitous problems surrounding the representation afforded indigent capital defendants, proportionality limits on the imposition of the death penalty for various offenders (e.g., juveniles and persons with mental retardation), the role of racial discrimination in the administration of the death penalty, and the likely trajectory of the American death penalty. The course will be graded on a letter-grade basis for all students.  This course will satisfy the constitutional law II requirement.

The ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Cases (2003) state that “the responsibilities of defense counsel in a death penalty case are uniquely demanding, both in the knowledge that counsel must possess and in the skills he or she must master.” This advanced death penalty course studies various aspects of capital trial defense that must be mastered to meet contemporary standards of practice. The course addresses defense counsel’s duty to conduct a comprehensive investigation of the client’s social history; counsel’s duty to identify and investigate issues of trauma, race, culture, and mental health presented by the client and the case; counsel’s duty to pursue a negotiated settlement of the case; and counsel’s duty to develop an integrated theory of the case. Classes alternate between traditional lectures and class discussion of assigned readings, presentations by occasional guest speakers, and workshops in which students will apply course reading and instruction to a series of lawyering assignments related to an actual pending capital case.

Introduction to the civil adjudicative process, primarily that of the federal courts, including jurisdiction, pleading, dispositive motions, discovery, and trial procedure.

Introduction to the civil adjudicative process, primarily that of the federal courts, including jurisdiction, pleading, dispositive motions, discovery, and trial procedure.

ACTUAL INNOCENCE CLINIC IS A 6-HR. CLINIC. Students screen and investigate claims by inmates that they are actually innocent of the offenses for which they are incarcerated. While investigating cases, students typically interview witnesses, research cases, review trial transcripts, and occasionally visit inmates in prison. The weekly clinic class addresses topics relevant to actual innocence law and procedure.

APPLY ONLINE: https://law.utexas.edu/clinics/application-information/

This clinic provides students with the opportunity to assist in the representation of indigent criminal defendants charged with or convicted of capital offenses. Students work under the supervision of attorneys on death penalty cases at the trial, appellate, and post-conviction stages of the legal process. Students perform various tasks that are integral to death penalty representation, including visiting clients on death row; interviewing witnesses and conducting field investigations; drafting motions, appellate briefs, and habeas petitions; and assisting attorneys in the preparation for trials, evidentiary hearings, and appellate arguments.

Clinic students are expected to devote an average of 10 hours of work per week to their clinical responsibilities during the semester, though the workload in any given week will vary, depending on the needs of the case to which the student is assigned. Investigative work on some cases may require out-of-town travel. The Clinic meets once a week as a class (two hours) for training and practical skills sessions related to death penalty representation. Attendance at these sessions is mandatory.

As a prerequisite to enrolling in the Clinic, students are required to take concurrently, or to have taken previously, the Capital Punishment course (Law 278R / 378R). First-semester second-year students are welcome to enroll in both the Clinic and the Capital Punishment course, which takes as its subject the substantive and procedural law governing death penalty trials and appeals. A background in Texas and federal constitutional criminal procedure is also extremely helpful, but not required, to enroll in the Clinic. Grading is pass/fail. There is no paper or examination.

To enroll, Students must fill out a short application.

Students in the Children's Rights Clinic represent allegedly abused or neglected children in Travis County as their attorney ad litem. The cases are brought by the Texas Department of Family and Protective Services (DFPS). The state may intervene in a family in a variety of ways, including seeking temporary or permanent custody of a child or termination of parental rights and adoption. 

Two very experienced attorneys, Clinical Professors Lori Duke and Leslie Strauch, supervise the representation of clients by the student attorney. The supervising attorneys sign pleadings drafted by the students and accompany them at every court hearing, deposition, and trial on the merits. However, within a week or two, a student can expect to "sit first chair" at hearings, and also is expected to research and prepare the case.

Each student attorney will be assigned a mix of newly filed cases and other cases in various stages of development. If the case goes to final hearing, student participation in the trial will vary from partial to extensive. Each student will have multiple opportunities to appear in court during the semester. Some students will have the opportunity to participate in a bench trial. Occasionally students will participate in a jury trial. Students are likely to participate in mediation. In representing clients, students meet with a wide variety of persons, including medical and mental health professionals, teachers, foster parents, caseworkers and social workers, attorneys, layperson CASA volunteers who may serve as guardians, and police officers.

Court is generally Tuesday morning.  The class meets once a week to focus on substantive law, procedure, and ethics, as well as child welfare policy. In addition to the classroom component, each student should expect to average about 9 hours per week on clinic fieldwork (for a total of 135 hours). The weekly workload varies. Students are required to visit their child clients. Sometimes these client visits require travel outside of Travis County (with travel reimbursed).

There are no prerequisites for the course. Students, however, must meet Texas requirements for the participation of qualified law students in the trial of cases under rules promulgated by the Texas Supreme Court. The course is pass/fail. There is no paper or final exam. The course counts toward the ABA Experiential Learning Requirement. APPLY ONLINE: https://law.utexas.edu/clinics/application-information/

Students, working pursuant to the clinical practice rule and under the supervision of CDC faculty, represent people charged with misdemeanors in Travis County.  Students function as lead counsel, working directly with clients to identify goals for the representation and to develop strategies in an effort to achieve the best possible outcome. Students maintain a primary role at all court appearances, whether those appearances involve negotiations, discussions with a judge, evidentiary hearings, or trial. Depending on the stage of assigned cases, other responsibilities often include investigation, discovery practice, and drafting of motions.  

Prerequisites: Students may not be enrolled in another clinic. APPLY ONLINE: https://law.utexas.edu/clinics/application-information/