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 of 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 provides an introduction to legal doctrines and policy questions relating to the organization and operation of the administrative state. The focus is on federal administrative law, with significant attention devoted to judicial review of agency action, structural constitutional questions of separation and balance of powers, and procedural requirements under the Due Process Clause and Administrative Procedure Act. Students are required to participate in class on "on call" panel days. Grading will be based on satisfaction of the panel requirement and performance on a one-day, take-home examination.

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.

Advanced Legal Writing Practicum covers writing mechanics, legal analysis, organization, and clarity as well as managing research-and-writing projects. A key focus is on written work for a summer or full-time legal job.

This 2-day course (5.75 hours each day) covers two broad legal-writing topics. Day one covers mechanics: common mistakes in word usage, grammar, and punctuation—and how to avoid and fix them—plus the most challenging advanced topics in the mechanics of legal writing. Key goals are to strengthen your writing credibility and raise your writing IQ. Day two covers broader concepts: concision, persuasion, organization, and revision, as well as some citation and transactional drafting. The course requires pre-class reading and quizzes and a final written project. Pass-fail.

This two-credit course studies problems faced by litigants in complex matters, including challenges presented by the “American Rule,” evolving class action procedures, joint and several liability rules, attorney and jury bias, electronic data, and statistical evidence.  Time permitting, the class will host guest lectures on practical aspects of managing and conducting litigation.

The goal of this course is to promote strategic and tactical thinking about how to use (or resist) rules governing complex litigation, anticipate complex litigation issues before they arise, and explore other tools that can further client objectives. 

Grading:  Your final course grade will be based on class participation (on-call and volunteer discussion), and a final exam.  Class will be lecture and questions and answer; students will be notified of on-call status prior to the next class.  Students can earn additional credit for constructive class participation and thoughtfulness.  Conversely, students can earn demerits for being unprepared and for non-participation.   The final exam may cover every issue on the syllabus, even if not addressed in class.

Attendance:  Attendance for each lecture is expected.  Repeated, unexcused absences will adversely affect final grades.

Course Overview

This course will involve intensive team research projects focused on various aspects of deaths in custody investigations. Deaths in prisons and jails are sadly all too common and have drawn significant media attention in recent years. A Congressional subcommittee also held an important hearing on this topic in September 2022, which has focused policy attention on the failures of correctional agencies to properly report all deaths in custody to the federal government.

Our class will be researching national practices about three important aspects of deaths in custody:  how investigations of deaths in custody are handled and by whom; public reporting requirements regarding these deaths; and requirements for notifying families about deaths of their loved ones. We will not actually be investigating any of these cases ourselves.

The goal is to produce research and policy documents that will help inform policymakers, practitioners, and advocates about best practices and necessary changes to the way that deaths in custody are handled in order to advance changes to policy and practice that ensure proper investigations of these deaths, learn lessons that can prevent future deaths, provide more transparency about these occurrences, and show more respect for the families of those who have died.

This project is being conducted in collaboration with the Prison and Jail Innovation Lab (PJIL) at the LBJ School. PJIL is a national policy resource center focused on the safe and humane treatment of people in custody. Course instructors Michele Deitch and Alycia Welch serve, respectively, as Director and Associate Director of PJIL.

The first few weeks of the course will involve substantive classes and a few short assigned readings to provide students with the necessary background for their research project. After that, the class will function more informally, with regular meetings between student teams and the instructor to ensure ongoing progress. Teams will likely each consist of four students. Students will look both nationally and internationally for guidance on best practices, and will have the opportunity to speak with experts and practitioners as part of their research.

Although this is considered an “advanced” class, there is no prerequisite for the course.  However, students should be prepared to engage in substantial research and writing, and should be comfortable working in teams on a significant project. While a background in criminal justice or corrections is not required for the class, it would certainly be helpful.

Learning Objectives

Through this class, students will develop skills in conceptualizing, conducting, and completing a significant research project that will be of use to policymakers, corrections practitioners, journalists, and advocates. They will learn how to research and write for a policy audience, and will learn about an important function of corrections management that goes to the heart of what it means to keep people in custody safe. Students will also improve their teamwork and project management skills. 

Course Requirements and Grading

Students are expected to attend all classes and team meetings, participate fully in the group work activities, submit work to their teammates in a timely manner, and produce work products that are well-written, accurate, and responsive to the assignments. Each team will produce a variety of work products, including a short report, a one-pager, and possibly some other documents as well, and may be asked to conduct an oral briefing about their research.

Students will be graded on the basis of the quality of their individual contributions to the group project, the overall group project (a team grade), and on class participation.  Students will also be asked to submit a self-assessment as well as an assessment of their fellow team members’ participation in the group work.

This course is cross-listed between the LBJ School and the Law School, which will allow for an interdisciplinary approach to this topic.

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.

This course focuses on the changing health and supportive care needs of an aging metropolis. We examine the influences of political and economic forces that shape public policies related to health and social welfare policy using Austin as a case example. Potential topics to be covered are affordable housing, homelessness, transportation, medical care, social services, access to electronic media, and income supports. One potential way of addressing this new reality that the instructor has been involved with in recent years is intergenerational day centers (IDC) that combine adult day health care and childcare services.

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 she 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 limited to twelve students, but students who have accepted an appellate clerkship will have priority.

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.

This course is an introduction to the basic legal rules governing corporations. The course will focus on publicly held corporations. Among the topics covered will be fiduciary duties, conflict-of-interest transactions, reorganizations and control transactions, shareholder voting rights, and shareholder derivative suits. Issues relating to partnerships and securities law may also be reviewed. Corporations and Business Association, Business Associations, and Business Associations (Enriched) may not be repeated for credit.

This course is restricted to JD degree candidates only.

This is the basic introductory course in business organizations. It considers issues relating to the selection of business form (partnership, limited partnership, corporation, and limited liability company), as well as the formation, financing, operation, and control of business entities. Primary emphasis is placed on conducting business in the corporate form, including closely-held and publicly-held corporations. Issues discussed in connection with public corporations include registration of securities, proxy regulation, and derivative litigation. Corporate Governance is examined in light of the collapse of Enron and other public companies. Problems in the supplementary materials demonstrate how the statutes and common law principles covered in the course apply in a real world setting. A student may not receive credit for both Corporations and Business Associations or Business Associations (Enriched).

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 intellectual disability), 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 who are not taking the class credit/fail, and will satisfy the constitutional law II requirement. Grades will be based upon an open-book final examination.

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.

This course will examine historic and contemporary issues of race and the death penalty within American law and jurisprudence. Through this course, students will learn substantive principles; study the growing body of critical legal scholarship covering the matter; and examine the potential (and limits) of the law. By the end of the course, students will be able to analyze the interplay between race and the death penalty; acquire tools to think critically about its legal framework and engage with the role of racialized identities in its use. Utilizing – among other things -- case law, statutory interpretation, statistical data, legal scholarship and legislative efforts, the course will undertake the project of grappling with a real-world example of the racialized nature of the death penalty.

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.