Course Schedule

America incarcerates people at a rate higher than most countries in the world and those incarcerated are disproportionately low-income and from communities that have been historically neglected and oppressed. Course materials will examine how the socio-economic and racial disparities in the population of people incarcerated in America reflects this country’s history of poverty, slavery, and segregation.  The course will cover several theories about the drivers of mass incarceration and the legal and philosophical foundations of public defense.  

This course will explore theoretical, philosophical, and practical elements of indigent criminal defense, exploring questions such as: How do criminal justice theory and practice interact? What can an individual lawyer do to further her client's interests within this context? What is the role of the public defender in criminal justice reform? How does a public defender maintain the long view on mass incarceration and socio-economic and racial inequalities in the criminal justice system while advocating for her individual clients? What roles and tools are available, besides line public defense, for future lawyers to fill and utilize in enacting the promise of Gideon? 

Weekly reading assignments will explore these topics and students will be required to discuss their reflections during class discussions.

America incarcerates people at a rate higher than most countries in the world and those incarcerated are disproportionately low-income and from communities that have been historically neglected and oppressed. Course materials will examine how the socio-economic and racial disparities in the population of people incarcerated in America reflects this country’s history of poverty, slavery, and segregation.  The course will cover several theories about the drivers of mass incarceration and the legal and philosophical foundations of public defense.  

This course will explore theoretical, philosophical, and practical elements of indigent criminal defense, exploring questions such as: How do criminal justice theory and practice interact? What can an individual lawyer do to further her client's interests within this context? What is the role of the public defender in criminal justice reform? How does a public defender maintain the long view on mass incarceration and socio-economic and racial inequalities in the criminal justice system while advocating for her individual clients? What roles and tools are available, besides line public defense, for future lawyers to fill and utilize in enacting the promise of Gideon? 

Weekly reading assignments will explore these topics and students will be required to discuss their reflections during class discussions.

The rights of a person charged by the government with a crime are at the heart of the Bill of Rights, enshrined in the Fourth, Fifth, Sixth, and EighthAmendments. No single “issue” receives more attention in the Bill of Rights than protections afforded someone before they are incarcerated. And yet America incarcerates people at a rate higher than most countries in the world. Course materials will examine how the socio-economic and racial disparities in the population of people incarcerated in America reflects this country’s history of poverty, slavery, and Jim Crow laws and segregation. A public defender stands at this crossroads with her client, and must be prepared to provide zealous representation of her client in this context.

This course will explore both the theoretical and practical elements of indigent criminal defense, exploring questions such as: How do criminal justice theory and practice interact? What can an individual lawyer do to further her client's interests within this context? What is the role of the public defender in criminal justice reform? How does a public defender maintain the long view on mass incarceration and socio-economic and racial inequalities in the criminal justice system while advocating for her individual clients?

Weekly reading assignments will explore these topics, from a variety of perspectives and disciplines, and students will be required to discuss their reflections during class discussions. Students will be provided case studies, where they will be required to analyze and discuss legal and practical strategies for client communications, motions, cross-examinations, and sentencing analysis and mitigation.

The 28025 section of this course will be taught in person but with the option of occasional remote participation via Zoom.  If students require all remote participation, they must register for the 28026 section of this course, which is identical but web-based.

The rights of a person charged by the government with a crime are at the heart of the Bill of Rights, enshrined in the Fourth, Fifth, Sixth, and EighthAmendments. No single “issue” receives more attention in the Bill of Rights than protections afforded someone before they are incarcerated. And yet America incarcerates people at a rate higher than most countries in the world. Course materials will examine how the socio-economic and racial disparities in the population of people incarcerated in America reflects this country’s history of poverty, slavery, and Jim Crow laws and segregation. A public defender stands at this crossroads with her client, and must be prepared to provide zealous representation of her client in this context.

This course will explore both the theoretical and practical elements of indigent criminal defense, exploring questions such as: How do criminal justice theory and practice interact? What can an individual lawyer do to further her client's interests within this context? What is the role of the public defender in criminal justice reform? How does a public defender maintain the long view on mass incarceration and socio-economic and racial inequalities in the criminal justice system while advocating for her individual clients?

Weekly reading assignments will explore these topics, from a variety of perspectives and disciplines, and students will be required to discuss their reflections during class discussions. Students will be provided case studies, where they will be required to analyze and discuss legal and practical strategies for client communications, motions, cross-examinations, and sentencing analysis and mitigation.

This course covers the central patent law and regulatory questions raised by biopharmaceutical research and development. It will explore how the mix of public and private funding that supports such research and development and the intricate regulatory structure that surrounds drugs and other products affect innovation in this field. Topics examined include conditions for patentability, FDA regulations, and alternative systems for biopharmaceutical innovation.

Insurance is one of the most important tools for the management of risk by both private and public enterprises. Insurance law is a hybrid of contracts and administrative law: parties enter contractual relationships which are regulated by the state. The course introduces students to the core principles and institutions of insurance. We will approach insurance law from a law and economic perspective, aiming to understand how insurance institutions affect economic behavior of insureds, insurers and their lawyers. Broad issues to be covered include fraud, moral hazard, adverse selection and other types of divergence of incentives. We will build on these theoretical issues and attempt to understand the various doctrines developed by common law courts as strategies to deal with these problems. In addition, the course provides knowledge of basic insurance law governing insurance contract formation, the interpretation of insurance contracts, insurance regulation and more, especially in areas such as property, life, health, disability, automobile (including uninsured motorist coverage), professional and liability insurance.

Insurance is one of the most important tools for the management of risk by both private and public enterprises. Insurance law is a hybrid of contracts and administrative law: parties enter contractual relationships which are regulated by the state. The course introduces students to the core principles and institutions of insurance. We will approach insurance law from a law and economic perspective, aiming to understand how insurance institutions affect economic behavior of insureds, insurers and their lawyers. Broad issues to be covered include fraud, moral hazard, adverse selection and other types of divergence of incentives. We will build on these theoretical issues and attempt to understand the various doctrines developed by common law courts as strategies to deal with these problems. In addition, the course provides knowledge of basic insurance law governing insurance contract formation, the interpretation of insurance contracts, insurance regulation and more, especially in areas such as property, life, health, disability, automobile (including uninsured motorist coverage), professional and liability insurance.

Insurance is one of the most important tools for the management of risk by both private and public enterprises. Insurance law is a hybrid of contracts and administrative law: parties enter contractual relationships which are regulated by the state. The course introduces students to the core principles and institutions of insurance. We will approach insurance law from a law and economic perspective, aiming to understand how insurance institutions affect economic behavior of insureds, insurers and their lawyers. Broad issues to be covered include fraud, moral hazard, adverse selection and other types of divergence of incentives. We will build on these theoretical issues and attempt to understand the various doctrines developed by common law courts as strategies to deal with these problems. In addition, the course provides knowledge of basic insurance law governing insurance contract formation, the interpretation of insurance contracts, insurance regulation and more, especially in areas such as property, life, health, disability, automobile (including uninsured motorist coverage), professional and liability insurance.

Insurance is one of the most important tools for the management of risk by both private and public enterprises. Insurance law is a hybrid of contracts and administrative law: parties enter contractual relationships which are regulated by the state. The course introduces students to the core principles and institutions of insurance. We will approach insurance law from a law and economic perspective, aiming to understand how insurance institutions affect economic behavior of insureds, insurers and their lawyers. Broad issues to be covered include fraud, moral hazard, adverse selection and other types of divergence of incentives. We will build on these theoretical issues and attempt to understand the various doctrines developed by common law courts as strategies to deal with these problems. In addition, the course provides knowledge of basic insurance law governing insurance contract formation, the interpretation of insurance contracts, insurance regulation and more, especially in areas such as property, life, health, disability, automobile (including uninsured motorist coverage), professional and liability insurance.

This course will be taught entirely online via Zoom.

Insurance is one of the most important tools for the management of risk by both private and public enterprises. Insurance law is a hybrid of contracts and administrative law: parties enter contractual relationships which are regulated by the state. The course introduces students to the core principles and institutions of insurance. We will approach insurance law from a law and economic perspective, aiming to understand how insurance institutions affect economic behavior of insureds, insurers and their lawyers. Broad issues to be covered include fraud, moral hazard, adverse selection and other types of divergence of incentives. We will build on these theoretical issues and attempt to understand the various doctrines developed by common law courts as strategies to deal with these problems. In addition, the course provides knowledge of basic insurance law governing insurance contract formation, the interpretation of insurance contracts, insurance regulation and more, especially in areas such as property, life, health, disability, automobile (including uninsured motorist coverage), professional and liability insurance.

This course will survey the fundamentals of the three main federal fields of intellectual property law: copyright, patent, and trademark law. Time permitting, we will also discuss some other subfields, such as trade secret law and publicity rights. In addition to the legal doctrines, the course will examine economic as well as other philosophical justifications in order to allow a better grasp of the current law and possibilities for its reform. Although new technology is not the main focus of the course, the class will examine some of the more important intellectual property issues raised by recent technological developments, especially in the digital and internet environments.

This course will survey the fundamentals of the three main federal fields of intellectual property law: copyright, patent, and trademark law. Time permitting, we will also discuss some other subfields, such as trade secret law and publicity rights. In addition to the legal doctrines, the course will examine economic as well as other philosophical justifications in order to allow a better grasp of the current law and possibilities for its reform. Although new technology is not the main focus of the course, the class will examine some of the more important intellectual property issues raised by recent technological developments, especially in the digital and internet environments.

This course will survey the three big areas of legal protection for intellectual property: copyright, patent, and trademark law.  It also reviews trade secret law briefly.  We study the legal rules and also the economic and moral justifications for giving legal protection to intellectual creations and information goods.  While this is not a technology-oriented course, it does explore some of the more important intellectual property issues raised by recent technological developments, especially in the digital and Internet environment.  The course is well suited for students already committed to a career in IP law who want an overview of the field, as well as students who seek to learn more before deciding whether to pursue IP professionally and students who just find the field interesting and want an introduction.  The grade in the class will be based on an in-class final exam.

This course will survey the three big areas of legal protection for intellectual property: copyright, patent, and trademark law.  It also reviews trade secret law briefly.  We study the legal rules and also the economic and moral justifications for giving legal protection to intellectual creations and information goods.  While this is not a technology-oriented course, it does explore some of the more important intellectual property issues raised by recent technological developments, especially in the digital and Internet environment.  The course is well suited for students already committed to a career in IP law who want an overview of the field, as well as students who seek to learn more before deciding whether to pursue IP professionally and students who just find the field interesting and want an introduction.  The grade in the class will be based on an in-class final exam.

This course will survey the three big areas of legal protection for intellectual property: copyright, patent, and trademark law.  It also reviews trade secret law briefly.  We study the legal rules and also the economic and moral justifications for giving legal protection to intellectual creations and information goods.  While this is not a technology-oriented course, it does explore some of the more important intellectual property issues raised by recent technological developments, especially in the digital and Internet environment.  The course is well suited for students already committed to a career in IP law who want an overview of the field, as well as students who seek to learn more before deciding whether to pursue IP professionally and students who just find the field interesting and want an introduction.  The grade in the class will be based on an in-class final exam.

Interested in how law regulates the activities of the CIA, the NSA, and other parts of the U.S. Intelligence Community? This is your class. No prior knowledge of the topic or these institutions is required, and students from any graduate program at UT are welcome to sign up. We will begin with an orientation to these institutions, their history, and their functions, and then we will explore the legal and policy issues they raise. Much of the course is concerned with surveillance and other forms of information collection (think NSA, Snowden, FISA, "unmasking," and the like). Other key topics include the law regulating "covert action," assassination, and working with "dirty assets." Note: there is no casebook for this class.  I've been curating my own materials for this for many years, in order to ensure that you get the very latest of the publicly-available information about the U.S. government's intelligence activities.  I'll provide the whole thing to you as a .pdf (but with the option of having me provide you a hard-copy printed version, on my dime, if you prefer). Feel free to email me (rchesney@law.utexas.edu) if you have questions.

This course seeks to provide a foundational understanding of the U.S. national security and intelligence system.  The course begins with how the U.S. national security system is structured, to include the critical role intelligence collection plays within that bureaucratic system.  The remainder of the course focuses on the structure of the Intelligence Community (IC) while probing deeper into the areas of what intelligence is, how intelligence is used, and lessons learns from both the successes and failures of intelligence in major U.S. security events.  The seminar weaves historic cases with current events to generate critical thinking and thoughtful discussion about the use and misuse of intelligence both in policy formulation and how policies are executed within the realities of a government bureaucratic structure.

The seminar will introduce studies to the elements of intelligence, to include collection and analysis, along with the case studies to demonstrate how intelligence was used with varying degrees of success.  Students with thus be introduced to the variety of intelligence disciplines (HUMINT, SIGINT, IMINT, and so on) as part of the policy decision-making process.  Along with the intelligence disciplines, students will receive instruction on critical intelligence areas that include covert action and counterintelligence/counterespionage.  In addition, the course will include the moral and ethical dilemmas associated with all facets of intelligence in a democratic system of government, to include the balance of civil liberties with collection efforts and the need for secrecy in an open society.  These dilemmas will be accompanied by discussions about IC oversight mechanisms, to include a retrospective look at why stricter oversight came into being and why some of those oversight restrictions were reversed or reduced because of increasingly complex security concerns.

Course objectives include:

• Sharpen critical thinking and analytic skills
• Polish professional writing skills
• Practice professional briefings
• Practice teamwork in a context of mutual dependence
• Employ research skills to acquire a deeper understanding of an issue related to intelligence and national security.

If you loved Advocacy Survey and want to spend your career in the courtoom (or just want to be as prepared as possible for the occasional times that you will spend in the courtroom), this class is for you. Intensive Litigation Advocacy Skills is designed for the student interested in improving advocacy skills through intensive training exercises and immersion into trial skills. Here, students work all together but are also weekly divided into small groups allowing them to focus on the distinct skills you will need in a future litigation career. The course is almost exclusively experiential (i.e., skills-based), with students receiving constant feedback in a fun, safe environment. The class provides networking and possible employment opportunities with typically more than 20 attorneys and judges who serve as instructors and guests each semester.

This class is restricted to 3Ls only.

Prerequisites: Advocacy Survey and Evidence.

Anticipating a career in civil or criminal litigation? This class is designed for the advocacy student interested in improving advocacy skills through intensive training exercises and immersion into trial, arbitration and civil litigation skills. In the Intensive Advocacy course, students are divided into small groups and tracts allowing them to focus on the distinct skills for their preferred practice area. The course is almost exclusively experiential (skills based), with students receiving constant feedback in a fun, safe environment. The class provides networking and possible employment opportunities with local attorneys and judges serving as instructors and guests.

This class is restricted to 3Ls only.

Prerequisites: Advocacy Survey and Evidence.

Anticipating a career in civil or criminal litigation? This class is designed for the advocacy student interested in improving advocacy skills through intensive training exercises and immersion into trial, arbitration and civil litigation skills. In the Intensive Advocacy course, students are divided into small groups and tracts allowing them to focus on the distinct skills for their preferred practice area. The course is almost exclusively experiential (skills based), with students receiving constant feedback in a fun, safe environment. The class provides networking and possible employment opportunities with local attorneys and judges serving as instructors and guests.

This class is restricted to 3Ls only.

Prerequisites: Advocacy Survey and Evidence.

Anticipating a career in civil or criminal litigation? This class is designed for the advocacy student interested in improving advocacy skills through intensive training exercises and immersion into trial, arbitration and civil litigation skills. In the Intensive Advocacy course, students are divided into small groups and tracts allowing them to focus on the distinct skills for their preferred practice area. The course is almost exclusively experiential (skills based), with students receiving constant feedback in a fun, safe environment. The class provides networking and possible employment opportunities with local attorneys and judges serving as instructors and guests.

This class is restricted to 3Ls only.

Prerequisites: Advocacy Survey and Evidence.

This course will be taught entirely online via Zoom.

Anticipating a career in civil or criminal litigation? This class is designed for the advocacy student interested in improving advocacy skills through intensive training exercises and immersion into trial, arbitration and civil litigation skills. In the Intensive Advocacy course, students are divided into small groups and tracts allowing them to focus on the distinct skills for their preferred practice area. The course is almost exclusively experiential (skills based), with students receiving constant feedback in a fun, safe environment. The class provides networking and possible employment opportunities with local attorneys and judges serving as instructors and guests.

This class is restricted to 3Ls only. It is a 4-credit class (1 credit letter graded; 3 credits pass/fail). Students can take the graded portion P/F if they so choose.

Prerequisites: Advocacy Survey and Evidence.

This course will be taught entirely online via Zoom.

Anticipating a career in civil or criminal litigation? This class is designed for the advocacy student interested in improving advocacy skills through intensive training exercises and immersion into trial, arbitration and civil litigation skills. In the Intensive Advocacy course, students are divided into small groups and tracts allowing them to focus on the distinct skills for their preferred practice area. The course is almost exclusively experiential (skills based), with students receiving constant feedback in a fun, safe environment. The class provides networking and possible employment opportunities with local attorneys and judges serving as instructors and guests.

This class is restricted to 3Ls only. It is a 4-credit class (1 credit letter graded; 3 credits pass/fail). Students can take the graded portion P/F if they so choose.

Prerequisites: Advocacy Survey and Evidence.

In the global economy of the 21st century, arbitration is the dispute resolution procedure of choice for many international business transactions. This course teaches the principles of effective client representation in international arbitration. The course will employ a real world dispute in which the students will become counsel from initial consultation with the client to litigating the case. The semester will focus on developing the practical skills needed to represent your client in an international arbitration. The practical exercises–including writing a claimant’s and respondent’s brief, and presentations of oral arguments will all be centered around the same hypothetical, but quite detailed and real, international contractual dispute. Grading will be based on class participation, writing assignments and presentations of oral arguments. There is no mid-term or final exam. The final 6 weeks of classes will be participating in a mock arbitration. This class will meet once a week for two and a half hours (there will be no class on 3 weeks of the semester). Enrollment has been limited to a maximum of 12 students. There are no course prerequisites.

In the global economy of the 21st century, arbitration is the dispute resolution procedure of choice for many international business transactions. This course teaches the principles of effective client representation in international arbitration. The course will employ a real world dispute in which the students will become counsel from initial consultation with the client to litigating the case. The semester will focus on developing the practical skills needed to represent your client in an international arbitration. The practical exercises–including writing a claimant’s and respondent’s brief, and presentations of oral arguments will all be centered around the same hypothetical, but quite detailed and real, international contractual dispute. Grading will be based on class participation, writing assignments and presentations of oral arguments. There is no mid-term or final exam. The final 6 weeks of classes will be participating in a mock arbitration. This class will meet once a week for two and a half hours (there will be no class on 3 weeks of the semester). Enrollment has been limited to a maximum of 12 students. There are no course prerequisites.