Course Schedule
Classes Found
Antitrust: Economic Analysis/Legal Interpretation
- MON, TUE, WED 9:10 – 10:17 am ONLINE
Course Information
- Course ID:
- 492Q
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This course will be taught entirely online via Zoom. Same as LAW 440M, Antitrust: Economic Analysis/Legal Interpretation.
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.
Antitrust: Economic Analysis/Legal Interpretation
- MON, TUE, WED 9:00 – 10:12 am ONLINE
Course Information
- Course ID:
- 440M
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
- Will use floating mean GPA if applicable
Description
This course will be taught entirely online via Zoom.
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.
Antitrust: Economic Analysis/Legal Interpretation
- MON, TUE, WED 9:10 – 10:17 am JON 6.203
Course Information
- Course ID:
- 440M
Registration Information
- Upperclass-only elective
Description
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.
Appellate Advocacy
- THU 4:15 – 7:05 pm TNH 2.123
Course Information
- Course ID:
- 387W
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This three-hour course teaches advanced, judge-centered, Texas Supreme Court jurisprudence-driven appellate advocacy. Students represent an assigned party in a hypothetical case that progresses from final judgment in the trial court, through the court of appeals, to the Supreme Court of Texas. The class focuses on instilling the best possible judgment in the identification, development, and presentation of winning legal arguments via brief writing and oral argument. Lectures teach specific oral and written advocacy techniques and principles, infused with perspectives of leading appellate practitioners and members of the appellate judiciary, using real world examples. Students are graded on their application of these techniques and principles to the hypothetical case. Students must complete all assignments to receive credit. Major assignments include a brief in a Texas court of appeals, a petition for review in the Supreme Court of Texas, and multiple oral arguments. The course also touches on appellate procedure, ethics, mandamus practice, and the identification, development, and presentation of winning legal arguments in trial courts. The class meets once each week. There is no midterm and no final exam.
Appellate Advocacy
- R. Roach
- D. Campbell
- J. Storey
- THU 4:15 – 7:05 pm TNH 3.126
Course Information
- Course ID:
- 387W
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 376U, Appellate Advocacy.
This three-hour course teaches advanced, judge-centered, Texas Supreme Court jurisprudence-driven appellate advocacy. Students represent an assigned party in a hypothetical case that progresses from final judgment in the trial court, through the court of appeals, to the Supreme Court of Texas. The class focuses on instilling the best possible judgment in the identification, development, and presentation of winning legal arguments via brief writing and oral argument. Lectures teach specific oral and written advocacy techniques and principles, infused with perspectives of leading appellate practitioners and members of the appellate judiciary, using real world examples. Students are graded on their application of these techniques and principles to the hypothetical case. Students must complete all assignments to receive credit. Major assignments include a brief in a Texas court of appeals, a petition for review in the Supreme Court of Texas, and multiple oral arguments. The course also touches on appellate procedure, ethics, mandamus practice, and the identification, development, and presentation of winning legal arguments in trial courts. The class meets once each week. There is no midterm and no final exam.
Appellate Advocacy
- THU 4:15 – 7:05 pm ONLINE
Course Information
- Course ID:
- 376U
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Satisfies ABA Professional Skills Requirement
- Will not use floating mean GPA
Description
This course will be taught entirely online via Zoom.
This three-hour course teaches advanced, judge-centered, jurisprudence-driven appellate advocacy. Students represent an assigned party in a hypothetical case that progresses from final judgment in the trial court, through the court of appeals, to the Supreme Court of Texas. The class focuses on instilling the best possible judgment in the identification, development, and presentation of winning legal arguments via brief writing and oral argument. Lectures teach specific oral and written advocacy techniques and principles, infused with perspectives of leading appellate practitioners and the appellate judiciary, using real world examples. Students are graded on their application of these techniques and principles to the hypothetical case. Students must complete all assignments to receive credit. Major assignments include a brief in a Texas court of appeals, a petition for review in the Supreme Court of Texas, and multiple oral arguments. The course also touches on appellate procedure, ethics, mandamus practice, and the identification, development, and presentation of winning legal arguments in trial courts. The class meets once each week. There is no midterm and no final exam.
Appellate Advocacy
- THU 4:15 – 7:05 pm TNH 3.127
Course Information
- Course ID:
- 376U
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Satisfies ABA Professional Skills Requirement
- Will use floating mean GPA if applicable
Description
This three-hour course teaches advanced, judge-centered, jurisprudence-driven appellate advocacy. Students represent an assigned party in a hypothetical case that progresses from final judgment in the trial court, through the court of appeals, to the Supreme Court of Texas. The class focuses on instilling the best possible judgment in the identification, development, and presentation of winning legal arguments via brief writing and oral argument. Lectures teach specific oral and written advocacy techniques and principles, infused with perspectives of leading appellate practitioners and the appellate judiciary, using real world examples. Students are graded on their application of these techniques and principles to the hypothetical case. Students must complete all assignments to receive credit. Major assignments include a brief in a Texas court of appeals, a petition for review in the Supreme Court of Texas, and multiple oral arguments. The course also touches on appellate procedure, ethics, mandamus practice, and the identification, development, and presentation of winning legal arguments in trial courts. The class meets once each week. There is no midterm and no final exam.
Appellate Clerkship Writing
- TUE 3:55 – 5:45 pm CCJ 3.306
Course Information
- Course ID:
- 284Q
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
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.
Appellate Clerkship Writing
- TUE 4:15 – 6:05 pm JON 6.206
Course Information
- Course ID:
- 284Q
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
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.
Appellate Clerkship Writing
- TUE 3:45 – 5:35 pm JON 6.202
Course Information
- Course ID:
- 284Q
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
Same as LAW 232H, Appellate Clerkship Writing.
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.
Appellate Clerkship Writing
- TUE 4:15 – 6:13 pm ONLINE
Course Information
- Course ID:
- 232H
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
This course will be taught in person but with the option of remote participation via Zoom. Please note that this course might become online-only in the event that actual in-person attendance during the semester consistently falls below a threshold to be determined in the exercise of reasonable discretion by the instructor and the Student Affairs Office.
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.
Appellate Clerkship Writing
- TUE 3:45 – 5:35 pm TNH 3.114
Course Information
- Course ID:
- 232H
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
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.
Arbitration
- MON 5:55 – 7:45 pm TNH 3.124
Course Information
- Course ID:
- 296W
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
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.
Arbitration
- TUE 5:45 – 7:35 pm TNH 3.124
Course Information
- Course ID:
- 296W
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
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.
Arbitration
- TUE 5:45 – 7:35 pm TNH 3.125
Course Information
- Course ID:
- 296W
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
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.
Arbitration: Theory and Practice
- TUE, THU 3:45 – 5:35 pm TNH 2.137
Course Information
- Course ID:
- 296W
- Short course:
- 1/18/22 — 3/3/22
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 279M, Arbitration: Theory and Practice.
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?
Arbitration: Theory and Practice
- TUE, THU 3:45 – 5:35 pm JON 5.206/7
Course Information
- Course ID:
- 279M
- Short course:
- 1/23/20 — 3/5/20
Registration Information
- Upperclass-only elective
Description
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?
Banking Regulation and the Federal Deposit Insurance Corporation (FDIC)
- THU 9:50 – 11:40 am
Course Information
- Course ID:
- 196V
- Short course:
- 8/29/24 — 10/10/24
Registration Information
- Upperclass-only elective
Description
Taught by Arleas Upton Kea.
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)
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:
Ben S. Bernanke, Timothy F. Geithner, Henry M. Paulson Jr, Firefighting: The Financial Crisis and Its Lessons (2019)
Salonia Ramakrishna, Enterprise Compliance Risk Management: An Essential Practitioners Toolkit (2015) (PDF)
Natasha de Teran and Gottfried Leibbrandt, How Changing the Way We Pay Changes Everything (2022)
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)
Course Information
- Course ID:
- 392R
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Bankruptcy
- TUE, WED, THU 1:05 – 2:12 pm
Course Information
- Course ID:
- 492R
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
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.
Bankruptcy
- MON, TUE, WED 1:05 – 1:55 pm JON 6.206
Course Information
- Course ID:
- 392R
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
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.
Bankruptcy
- MON, TUE, WED 10:30 – 11:37 am TNH 3.142
Course Information
- Course ID:
- 492R
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
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.
Bankruptcy
- MON, TUE, WED 1:15 – 2:05 pm JON 6.206
Course Information
- Course ID:
- 392R
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
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.
Bankruptcy
- MON, TUE, WED 10:30 – 11:37 am JON 5.206
Course Information
- Course ID:
- 492R
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
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.
Bankruptcy
- MON, TUE, WED 1:15 – 2:05 pm TNH 3.129
Course Information
- Course ID:
- 392R
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 342M, Bankruptcy.
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.