Course Schedule

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 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 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.

This course will analyze the origins of arbitration, its use in dispute resolution, and explore tactics for navigating arbitration.  It involves active class participation designed to mimic the arbitration process: drafting and negotiating arbitration clauses; selecting the arbitrator; presenting a claim; and will conclude with a mock arbitration. The teaching goal is to prepare students for drafting clauses for arbitration, engaging in arbitration, and evaluating the decision to resolve disputes through arbitration from the perspective of practicing attorneys and arbitrators.

This course will analyze the origins of arbitration, its use in dispute resolution, and explore tactics for navigating arbitration.  It involves active class participation designed to mimic the arbitration process: drafting and negotiating arbitration clauses; selecting the arbitrator; presenting a claim; and will conclude with a mock arbitration. The teaching goal is to prepare students for drafting clauses for arbitration, engaging in arbitration, and evaluating the decision to resolve disputes through arbitration from the perspective of practicing attorneys and arbitrators.

This course will analyze the origins of arbitration, its use in dispute resolution, and explore tactics for navigating arbitration.  It involves active class participation designed to mimic the arbitration process: drafting and negotiating arbitration clauses; selecting the arbitrator; presenting a claim; and will conclude with a mock arbitration. The teaching goal is to prepare students for drafting clauses for arbitration, engaging in arbitration, and evaluating the decision to resolve disputes through arbitration from the perspective of practicing attorneys and arbitrators.

This course will analyze the origins of arbitration, its use in dispute resolution, and explore tactics for navigating arbitration.  It involves active class participation designed to mimic the arbitration process: drafting and negotiating arbitration clauses; selecting the arbitrator; presenting a claim; and will conclude with a mock arbitration. The teaching goal is to prepare students for drafting clauses for arbitration, engaging in arbitration, and evaluating the decision to resolve disputes through arbitration from the perspective of practicing attorneys and arbitrators.

This course will analyze the origins of arbitration, its use in dispute resolution, and the tactics for navigating arbitration.  It involves participation in the arbitration process from selection of the arbitrator, presentation of a claim and discovery, and will conclude with a mock arbitration, through the award and challenge in trial courts.  The teaching goal is to furnish students with the skills necessary to draft clauses for arbitration, engage in arbitration, and evaluate the decision to resolve disputes through arbitration.  This is a skills-oriented course that requires active participation, with the goal of understanding the choice to arbitrate.

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 will explore the implications of advances in artificial intelligence for the law and policy of U.S. national security. Students will first learn to understand and classify AI systems. The class will then consider the lawfulness and prudence of current and potential future uses of AI in intelligence, law enforcement, and armed conflict. The course will also explore AI’s potential effects in the online information space, cybersecurity, and terrorism, before considering possible government responses and the applicable legal principles. The class will also situate AI within the broader geopolitical context, including great-power competition with China. Students will be evaluated based on research and writing assignments of modest length, in-class exercises, and class participation.

This course will explore the implications of advances in artificial intelligence for the law and policy of U.S. national security. Students will first learn to understand and classify AI systems. The class will then consider the lawfulness and prudence of current and potential future uses of AI in intelligence, law enforcement, and armed conflict. The course will also explore AI’s potential effects in the online information space, cybersecurity, and terrorism, before considering possible government responses and the applicable legal principles. The class will also situate AI within the broader geopolitical context, including great-power competition with China. Students will be evaluated based on research and writing assignments of modest length, in-class exercises, and class participation.

This course offers an exploration of U.S. banking regulation, providing a nuanced understanding from the perspective of a federal regulator. By delving into current events and issues, the course will shine a light on the continuous oversight conducted by state and federal regulatory agencies over banks, including an examination of their powers, activities, and the role of federal deposit insurance. Students will gain insights into the U.S. government's distinctive strategies in ensuring safety, consumer protection, combating anti-money laundering, and addressing failed banks.

The course covers key aspects of banking law such as chartering, special limits on bank activities, obligations under the Bank Secrecy Act and other anti-money laundering statutes, and the regulatory framework established under the Dodd-Frank Wall Street Reform and Consumer Protection Act.  By exploring contemporary topics like digital currency and fintech, students will develop a solid foundation to navigate the complexities of the current system and actively contribute to future financial sector reforms.

Textbooks and Reading:

Required Textbooks:

Karol K. Sparks, Banking Law Essentials,  American Bar Association Business Law Section (2022)  

Ben S. Bernanke, Timothy F. Geithner, Henry M. Paulson Jr, Firefighting: The Financial Crisis and Its Lessons (2019)

Gottfried Leibbrandt and Natasha De Teran, The Pay Off: How Changing the Way We Pay Changes Everything (2022)

John Bovenzi, Inside the FDIC: Thirty Years of Bank Failures, Bailouts, and Regulatory Battles (2015) - This book will be provided to each student by the professor.

Additional reading assignments in the syllabus and will occasionally be adjusted to remain current. 

Reference Materials: 

Outside reference materials may provide information on additional topics of interest.   These are not required for the course. The reference materials are:  

Salonia Ramakrishna, Enterprise Compliance Risk Management: An Essential Practitioners Toolkit (2015) (PDF)

Ahmed Siddiqui, Anatomy of the Swipe: Making Money Move (2021)

Carol Coye Benson, Scott Loftesness, et al. Payments Systems in the U.S.: A Guide for the Payments Professional Payments Systems in the U.S. 2nd edition (2017)

David Caruso The Investigators: The Outlandish Inside Story of the Investigation That Created the Multi-Billion Dollar AML Compliance Industry (2023)  (PDF)

This course is for students who want to practice bankruptcy - and for those who simply want a fun, challenging course that covers a key legal system underlying the U.S. and global economies. It covers Title 11 of the U.S. Code, the Bankruptcy Code. The course 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 and fraudulent conveyances), 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, 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. Grading will be primarily based on the exam but there is a class-participation component. Prerequisite: none.

Textbook 1: The Law of Debtors and Creditors: Text, Cases, and Problems (Aspen Casebook) 8th Edition, ISBN: 9781454893516

Textbook 2: 2022 or 2023 statutory supplement Bankruptcy and Article 9.

Side Note: The least expensive way to purchase both textbooks is through the Longhorn Textbook Access Program: Bundle: The Law of Debtors and Creditors: Text, Cases, and Problems, Eighth Edition with Bankruptcy & Article 9: 2023 Statutory Supplement Access Elizabeth Warren, Jay Lawrence Westbrook, Katherine Porter, John A. E. Pottow - $189.36 – Connected eBook digital access code + 2023 Supplement digital access.

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

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.

This course is for students who want to practice bankruptcy - and for those who simply want a fun, challenging course that covers a key legal system underlying the U.S. and global economies. It covers Title 11 of the U.S. Code, the Bankruptcy Code. The course 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 and fraudulent conveyances), 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, 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. Grading will be primarily based on the exam but there is a class-participation component. Prerequisite: none.

Textbook 1: The Law of Debtors and Creditors: Text, Cases, and Problems (Aspen Casebook) 8th Edition, ISBN: 9781454893516

Textbook 2: 2022 or 2023 statutory supplement Bankruptcy and Article 9.

Side Note: The least expensive way to purchase both textbooks is through the Longhorn Textbook Access Program: Bundle: The Law of Debtors and Creditors: Text, Cases, and Problems, Eighth Edition with Bankruptcy & Article 9: 2023 Statutory Supplement Access Elizabeth Warren, Jay Lawrence Westbrook, Katherine Porter, John A. E. Pottow - $189.36 – Connected eBook digital access code + 2023 Supplement digital access.

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

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.

This course is for students who want to practice bankruptcy - and for those who simply want a fun, challenging course that covers a key legal system underlying the U.S. and global economies. It covers Title 11 of the U.S. Code, the Bankruptcy Code. The course 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 and fraudulent conveyances), 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, 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. Grading will be primarily based on the exam but there is a class-participation component. Prerequisite: none.

Textbook 1: The Law of Debtors and Creditors: Text, Cases, and Problems (Aspen Casebook) 8th Edition, ISBN: 9781454893516

Textbook 2: 2022 or 2023 statutory supplement Bankruptcy and Article 9.

Side Note: The least expensive way to purchase both textbooks is through the Longhorn Textbook Access Program: Bundle: The Law of Debtors and Creditors: Text, Cases, and Problems, Eighth Edition with Bankruptcy & Article 9: 2023 Statutory Supplement Access Elizabeth Warren, Jay Lawrence Westbrook, Katherine Porter, John A. E. Pottow - $189.36 – Connected eBook digital access code + 2023 Supplement digital access.

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 for students who want to practice bankruptcy - and for those who simply want a fun, challenging course that covers a key legal system underlying the U.S. and global economies. It covers Title 11 of the U.S. Code, the Bankruptcy Code. The course 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 and fraudulent conveyances), 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, 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. Grading will be primarily based on the exam but there is a class-participation component. Prerequisite: none.

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 for students who want to practice bankruptcy - and for those who simply want a fun, challenging course that covers a key legal system underlying the U.S. and global economies. It covers Title 11 of the U.S. Code, the Bankruptcy Code. The course 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 and fraudulent conveyances), 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, 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. Grading will be primarily based on the exam but there is a class-participation component. Prerequisite: none.

This dynamic, practical class will help set students up for long-term success in private practice and position them for leadership opportunities and community engagement. Billable hours are important, but they don't tell the whole story. We'll delve into the intricacies of billable hours and law firm economics to learn how and why billable hours matter. Then we'll look beyond the clock to explore how you can create a more fulfilling and impactful practice. Through hands-on sessions and select guest speakers, we will cover topics such as professional and business development, leadership opportunities, community engagement and non-profit board service, as well as navigating life and career changes. This class aims to equip students with the knowledge and skills to take control of their professional journeys, balancing the demands of billable hours with a holistic, big picture approach to professional growth.

This dynamic, practical class will help set students up for long-term success in private practice and position them for leadership opportunities and community engagement. Billable hours are important, but they don't tell the whole story. We'll delve into the intricacies of billable hours and law firm economics to learn how and why billable hours matter. Then we'll look beyond the clock to explore how you can create a more fulfilling and impactful practice. Through hands-on sessions and select guest speakers, we will cover topics such as professional and business development, leadership opportunities, community engagement and non-profit board service, as well as navigating life and career changes. This class aims to equip students with the knowledge and skills to take control of their professional journeys, balancing the demands of billable hours with a holistic, big picture approach to professional growth.