Course Schedule

The course is primarily focused on domestic onshore oil and gas case law, viewed in part with a litigation focus, and including a study of common property interests created in oil and gas, with limited consideration of developing law on renewable energy and climate. The course includes an examination of fundamental state oil and gas law concepts including issues raised by modern horizontal drilling and fracturing; introduction to, and analysis of, the oil and gas lease with attention to its common structural components and the law that has developed around them; introduction to titles and conveyances in oil and gas; introduction to state regulation of oil and gas; discussion of selected oil and gas agreements that arise subsequent to the oil and gas lease; discussion of developing of state owned lands; and brief consideration of renewable energy, climate change litigation and federal environmental regulation. 

Evaluation of student performance will consist of a final examination (including essay questions or a combination of essay and short-answer questions) plus attendance and class participation credit.

Oil and Gas Law provides an overview of oil and gas law throughout the United States, with emphasis on Texas. Students will gain an understanding of basic oil and gas law principles, derived from a combination of property, contract, administrative, tort, and constitutional law. The course provides a unique opportunity to take a law course that cuts across several core law-school subjects and from the perspective of a particular business—the upstream oil and gas industry and affected landowners. Oil and gas is the world's most widely traded and strategically important commodity, from which important customs and practices have evolved to influence both contract provisions and law as well as governent regulation and policy.

The materials for the course are Lowe, Anderson, Kulander, Ehrman, and Griggs, Oil and Gas Law: Cases & Materials (8th ed. 2022), various forms used in oil and gas transactions and regulatory orders, and other supplemental materials. The course syllabus and supplemental materials will be available on Canvas; however, any supplemental cases can be found on Westlaw or Lexis.

Unless otherwise announced in the syllabus, a final examination will cover all subject areas discussed and assigned over the course of the semester, including assigned reading and supplemental classroom information. The format and the nature of the exam will be announced later but you should anticipate part multiple-choice questions and part essay. Your grade will be based on the final exam. However, credit may be given for high quality class participation to increase the final grade by one grade increment, e.g., from a final exam grade of B+ to a final course grade of A-. Conversely, if someone is consistently unprepared or absent, his or her final rade may be reduced by one grade increment, e.g., from a final exam grade of B to a final course grade B-.

The course is primarily focused on domestic onshore oil and gas law, including common property interests created in oil and gas, with limited consideration of developing law on renewable energy and climate. The course includes an examination of fundamental state oil and gas law concepts including issues raised by modern horizontal drilling and fracturing; introduction to, and analysis of, the oil and gas lease with attention to its common structural components and the law that has developed around them; introduction to titles and conveyances in oil and gas; introduction to state regulation of oil and gas; discussion of selected oil and gas agreements that arise subsequent to the oil and gas lease; discussion of developing of state owned lands; and brief consideration of renewable energy, climate change litigation and federal environmental regulation. 

Evaluation of student performance will consist of a final examination (including essay questions or a combination of essay and short-answer questions) plus attendance and class participation credit.

Oil and Gas Law provides an overview of oil and gas law throughout the United States, with emphasis on Texas. Students will gain an understanding of basic oil and gas law principles, derived from a combination of property, contract, administrative, tort, and constitutional law. The course provides a unique opportunity to take a law course that cuts across several core law-school subjects and from the perspective of a particular business—the upstream oil and gas industry and affected landowners. Oil and gas is the world's most widely traded and strategically important commodity, from which important customs and practices have evolved to influence both contract provisions and law as well as governent regulation and policy.

The materials for the course are Lowe, Anderson, Kulander, Ehrman, and Griggs, Oil and Gas Law: Cases & Materials (8th ed. 2022), various forms used in oil and gas transactions and regulatory orders, and other supplemental materials. The course syllabus and supplemental materials will be available on Canvas; however, any supplemental cases can be found on Westlaw or Lexis.

Unless otherwise announced in the syllabus, a final examination will cover all subject areas discussed and assigned over the course of the semester, including assigned reading and supplemental classroom information. The format and the nature of the exam will be announced later but you should anticipate part multiple-choice questions and part essay. Your grade will be based on the final exam. However, credit may be given for high quality class participation to increase the final grade by one grade increment, e.g., from a final exam grade of B+ to a final course grade of A-. Conversely, if someone is consistently unprepared or absent, his or her final rade may be reduced by one grade increment, e.g., from a final exam grade of B to a final course grade B-.

The course is focused on domestic onshore oil and gas law, including private property interests created in oil and gas. The course includes an examination of fundamental state oil and gas law concepts including issues raised by modern horizontal drilling and fracturing; introduction to, and analysis of, the oil and gas lease with attention to its structural components and the law interpreting them; introduction to titles and conveyances in oil and gas; introduction to state regulation of oil and gas; discussion of selected oil and gas agreements that arise subsequent to the oil and gas lease; discussion of development of of state owned lands; and, brief consideration of federal environmental regulation. 

Evaluation of student performance will consist of a closed-book final examination (including essay questions or a combination of essay and short-answer questions) plus attendance and class participation credit. 

The course is focused on domestic onshore oil and gas law, including common property interests created in oil and gas and in the land from which they are produced. The course includes an examination of fundamental state oil and gas law concepts including issues raised by modern horizontal drilling and fracturing; introduction to, and analysis of, the oil and gas lease with attention to its common structural components and the law that has developed around them; introduction to titles and conveyances in oil and gas; introduction to state regulation of oil and gas; discussion of selected oil and gas agreements that arise subsequent to the oil and gas lease; discussion of developing of state owned lands; and, brief consideration of federal environmental regulation. 

Evaluation of student performance, depending on class size, either will consist of a final examination (including essay questions or a combination of essay and short-answer questions) plus attendance and class participation credit; or, it will consist of several assigned papers plus attendance and class participation credit. 

The course is focused on domestic onshore oil and gas law, including common property interests created in oil and gas and in the land from which they are produced. The course includes an examination of fundamental state oil and gas law concepts including issues raised by modern horizontal drilling and fracturing; introduction to, and analysis of, the oil and gas lease with attention to its common structural components and the law that has developed around them; introduction to titles and conveyances in oil and gas; introduction to state regulation of oil and gas; discussion of selected oil and gas agreements that arise subsequent to the oil and gas lease; discussion of developing of state owned lands; and, brief consideration of federal environmental regulation. 

Evaluation of student performance, depending on class size, either will consist of a final examination (including essay questions or a combination of essay and short-answer questions) plus attendance and class participation credit; or, it will consist of several assigned papers plus attendance and class participation credit. 

The course is focused on domestic onshore oil and gas law, including common property interests created in oil and gas and in the land from which they are produced. The course includes an examination of fundamental state oil and gas law concepts including issues raised by modern horizontal drilling and fracturing; introduction to, and analysis of, the oil and gas lease with attention to its common structural components and the law that has developed around them; introduction to titles and conveyances in oil and gas; introduction to state regulation of oil and gas; discussion of selected oil and gas agreements that arise subsequent to the oil and gas lease; discussion of developing of state owned lands; and, brief consideration of federal environmental regulation. 

Evaluation of student performance, depending on class size, either will consist of a final examination (including essay questions or a combination of essay and short-answer questions) plus attendance and class participation credit; or, it will consist of several assigned papers plus attendance and class participation credit. 

The 28325 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 28326 section of this course, which is identical but web-based.

The course is focused on domestic onshore oil and gas law, including common property interests created in oil and gas and in the land from which they are produced. The course includes consideration of the nature of an owner’s interest in oil and gas; the creation and duration of mineral leases and their components; the rights and duties between lessor and lessee; the nature and characteristics of a mineral fee; the rights and duties between mineral and surface owners; the different kinds of royalty and mineral interests; and, protection of interests in oil and gas properties against trespassers and wrongful claimants. Also included are issues raised by modern horizontal drilling and fracturing; regulation of exploration and production; and, introductions to environmental regulation of oil and gas.

Evaluation of student performance, in large part (approximately 95%), is based on a closed-book final examination consisting of short-answer questions and essay questions. The remaining portion of the course grade will be based on class attendance and participation.  

Oil & Gas Taxation covers the United States federal income taxation of domestic oil and gas operations and transactions. The course examines taxation associated with the operational life cycle of oil and gas operations including exploration, development, production and abandonment. The study of transactions involving oil and gas interests analyzes acquisition, disposition, structuring and investment. Course participants learn the historical context and development of oil and gas provisions found in U.S. tax law. Current tax legislative proposals or enactments that affect the oil and gas industry are addressed if warranted. Although emphasis is on federal income taxation of domestic oil and gas transactions, the international tax aspects of the oil and gas business also are surveyed. It is helpful if students have taken Federal Income Tax or Oil and Gas Law, but I will teach the class so that students will not need to have taken these classes as prerequisites to this course. This class is open to Accounting and Petroleum engineering students.

Oil & Gas Taxation covers the United States federal income taxation of domestic oil and gas operations and transactions. The course examines taxation associated with the operational life cycle of oil and gas operations including exploration, development, production and abandonment. The study of transactions involving oil and gas interests analyzes acquisition, disposition, structuring and investment. Course participants learn the historical context and development of oil and gas provisions found in U.S. tax law. Current tax legislative proposals or enactments that affect the oil and gas industry are addressed if warranted. Although emphasis is on federal income taxation of domestic oil and gas transactions, the international tax aspects of the oil and gas business also are surveyed. It is helpful if students have taken Federal Income Tax or Oil and Gas Law as prerequisites to this course.

Oil & Gas Taxation covers the United States federal income taxation of domestic oil and gas operations and transactions. The course examines taxation associated with the operational life cycle of oil and gas operations including exploration, development, production and abandonment. The study of transactions involving oil and gas interests analyzes acquisition, disposition, structuring and investment. Course participants learn the historical context and development of oil and gas provisions found in U.S. tax law. Current tax legislative proposals or enactments that affect the oil and gas industry are addressed if warranted. Although emphasis is on federal income taxation of domestic oil and gas transactions, the international tax aspects of the oil and gas business also are surveyed. It is helpful if students have taken Federal Income Tax or Oil and Gas Law as prerequisites to this course.

Cross-Listing. Oil & Gas Taxation covers the United States federal income taxation of domestic oil and gas operations and transactions. The course examines taxation associated with the operational life cycle of oil and gas operations including exploration, development, production and abandonment. The study of transactions involving oil and gas interests analyzes acquisition, disposition, structuring and investment. Course participants learn the historical context and development of oil and gas provisions found in U.S. tax law. Current tax legislative proposals or enactments that affect the oil and gas industry are addressed if warranted. Although emphasis is on federal income taxation of domestic oil and gas transactions, the international tax aspects of the oil and gas business also are surveyed. It is helpful if students have taken Federal Income Tax or Oil and Gas Law as prerequisites to this course.

Prerequisite: Law 254J, 354J, 454J, 554J, (Federal Income Taxation) 254N, or 354N (Federal Income Taxation A).

The course covers the taxation of partnerships, limited liability companies and S corporations, the most common forms of business organizations that involve a single level of tax. Most business entities with non-publicly traded interests take one of these forms; almost all such entities should take one of these forms. The rules on partnership tax also are increasingly relevant to a corporate and international practice as partnerships are used for corporate and international joint ventures and as vehicles for mergers and acquisitions. The course is essential for anyone who intends to practice in tax. It is useful for anyone who intends to practice in an area involving significant business planning.

Prerequisite: Law 254J, 354J, 454J, 554J, (Federal Income Taxation) 254N, or 354N (Federal Income Taxation A).

The course covers the taxation of partnerships, limited liability companies and S corporations, the most common forms of business organizations that involve a single level of tax. Most business entities with non-publicly traded interests take one of these forms; almost all such entities should take one of these forms. The rules on partnership tax also are increasingly relevant to a corporate and international practice as partnerships are used for corporate and international joint ventures and as vehicles for mergers and acquisitions. The course is essential for anyone who intends to practice in tax. It is useful for anyone who intends to practice in an area involving significant business planning.

Prerequisite: Law 254J, 354J, 454J, 554J, (Federal Income Taxation) 254N, or 354N (Federal Income Taxation A).

The course covers the taxation of partnerships, limited liability companies and S corporations, the most common forms of business organizations that involve a single level of tax. Most business entities with non-publicly traded interests take one of these forms; almost all such entities should take one of these forms. The rules on partnership tax also are increasingly relevant to a corporate and international practice as partnerships are used for corporate and international joint ventures and as vehicles for mergers and acquisitions. The course is essential for anyone who intends to practice in tax. It is useful for anyone who intends to practice in an area involving significant business planning.

Prerequisite: Law 254J, 354J, 454J, 554J, (Federal Income Taxation) 254N, or 354N (Federal Income Taxation A).

The course covers the taxation of partnerships, limited liability companies and S corporations, the most common forms of business organizations that involve a single level of tax. Most business entities with non-publicly traded interests take one of these forms; almost all such entities should take one of these forms. The rules on partnership tax also are increasingly relevant to a corporate and international practice as partnerships are used for corporate and international joint ventures and as vehicles for mergers and acquisitions. The course is essential for anyone who intends to practice in tax. It is useful for anyone who intends to practice in an area involving significant business planning.

Prerequisite: Law 254J, 354J, 454J, 554J, (Federal Income Taxation) 254N, or 354N (Federal Income Taxation A).

The course covers the taxation of partnerships, limited liability companies and S corporations, the most common forms of business organizations that involve a single level of tax. Most business entities with non-publicly traded interests take one of these forms; almost all such entities should take one of these forms. The rules on partnership tax also are increasingly relevant to a corporate and international practice as partnerships are used for corporate and international joint ventures and as vehicles for mergers and acquisitions. The course is essential for anyone who intends to practice in tax. It is useful for anyone who intends to practice in an area involving significant business planning.

This course provides a practical understanding of the primary business objectives and legal considerations in equity co-investing and the formation of joint  ventures (“JVs”) as well as the core legal documents commonly used to govern them. While the form and terms of a JV can widely vary, we will focus primarily on investments carried out through separate legal entities and, with a few exceptions, assume the JV and JV parties are US entities. Throughout the semester, students will not only gain an understanding of common business and legal terms negotiated in the formation of a JV, but also see how those concepts are translated into the form of a legal agreement using model documents (primarily the limited liability company agreement  or shareholders agreement). We will also use select facts pertaining to real life JVs to illustrate the areas of possible tension or alignment between JV parties and how different types of JV partners (financial vs. strategic) bring different contributions and concerns to the table. The course will also provide a general background of private equity structures and strategies.

25% Class Participation

75% Drafting Exercises (3 total) - Over the course of the semester students will complete two drafting exercises where they will be asked to review and propose revisions to or interpretations of select provisions of a joint venture agreement using a hypothetical fact pattern and client goals based on readings and class discussions on the applicable topic(s). There will be a third and final assignment to be completed as a take-home final which will require students to analyze a hypothetical fact pattern and documents using the knowledge gained over the course of the semester  

It is strongly suggest students take Business Organizations/Associations as a pre-requisite or at a minimum concurrently with the course.

This course provides a practical understanding of the primary business objectives and legal considerations in forming joint  ventures (“JVs”) and the core legal documents commonly used to govern them. While the form and terms of a JV can widely vary, we will focus primarily on JVs carried out through separate legal entities and, with a few exceptions, assume the JV and JV parties are US entities. Throughout the semester, students will not only gain an understanding of common business and legal terms negotiated in the formation of a JV, but also see how those concepts are translated into the form of a legal agreement using model documents (primarily the limited liability company agreement  or shareholders agreement). We will also use select facts pertaining to real life JVs to illustrate the areas of possible tension or alignment between JV parties and how different types of JV partners (financial vs. strategic) bring different contributions and concerns to the table.

25% Class Participation/Weekly Quiz - At the beginning of the semester, each student will be assigned an on-call topic and students may be called on to discuss the core components of the topic at hand (Ownership Structures, Governance, Transfer Rights, etc.) or the objectives and considerations of different hypothetical clients in respect of said topic. There will also be a 5 question multiple choice comprehension quiz on canvas to be completed once a week.

75% Drafting Exercises (3 total) - Over the course of the semester students will complete two drafting exercises where they will be asked to review and propose revisions to or interpretations of select provisions of a joint venture agreement using a hypothetical fact pattern and client goals based on readings and class discussions on the applicable topic(s). There will be a third and final assignment to be completed as a take-home final which will require students to analyze a hypothetical fact pattern and documents using the knowledge gained over the course of the semester  

It is strongly suggest students take Business Organizations/Associations as a pre-requisite or at a minimum concurrently with the course.

This course provides a practical understanding of the primary business objectives and legal considerations in forming joint  ventures (“JVs”) and the core legal documents commonly used to govern them. While the form and terms of a JV can widely vary, we will focus primarily on JVs carried out through separate legal entities and, with a few exceptions, assume the JV and JV parties are US entities. Throughout the semester, students will not only gain an understanding of common business and legal terms negotiated in the formation of a JV, but also see how those concepts are translated into the form of a legal agreement using model documents (primarily the limited liability company agreement  or shareholders agreement). We will also use select facts pertaining to real life JVs to illustrate the areas of possible tension or alignment between JV parties and how different types of JV partners (financial vs. strategic) bring different contributions and concerns to the table.

25% Class Participation/Weekly Quiz - At the beginning of the semester, each student will be assigned an on-call topic and students may be called on to discuss the core components of the topic at hand (Ownership Structures, Governance, Transfer Rights, etc.) or the objectives and considerations of different hypothetical clients in respect of said topic. There will also be a 5 question multiple choice comprehension quiz on canvas to be completed once a week.

75% Drafting Exercises (3 total) - Over the course of the semester students will complete two drafting exercises where they will be asked to review and propose revisions to or interpretations of select provisions of a joint venture agreement using a hypothetical fact pattern and client goals based on readings and class discussions on the applicable topic(s). There will be a third and final assignment to be completed as a take-home final which will require students to analyze a hypothetical fact pattern and documents using the knowledge gained over the course of the semester  

It is strongly suggest students take Business Organizations/Associations as a pre-requisite or at a minimum concurrently with the course.

This course provides a practical understanding of the primary business objectives and legal considerations in forming joint  ventures (“JVs”) and the core legal documents commonly used to govern them. While the form and terms of a JV can widely vary, we will focus primarily on JVs carried out through separate legal entities and, with a few exceptions, assume the JV and JV parties are US entities. Throughout the semester, students will not only gain an understanding of common business and legal terms negotiated in the formation of a JV, but also see how those concepts are translated into the form of a legal agreement using model documents (primarily the limited liability company agreement  or shareholders agreement). We will also use select facts pertaining to real life JVs (primarily Hulu) to illustrate the areas of possible tension or alignment between JV parties and how different types of JV partners (financial vs. strategic) bring different contributions and concerns to the table.

25% Class Participation/Weekly Quiz - At the beginning of the semester, each student will be assigned a "client" (or in some case a succession of similarly situated clients) out of the ownership of Hulu LLC and students may be called on to discuss the core components of the topic at hand (Ownership Structures, Governance, Transfer Rights, etc.) or the objectives and considerations of their specific client in respect of said topic. There will also be a 5 question multiple choice comprehension quiz on canvas to be completed once a week.

75% Drafting Exercises (3 total) - Over the course of the semester students will complete two drafting exercises where they will be asked to review and propose revisions to a select provisions of a joint venture agreement based on the Hulu fact pattern provided at the beginning of the semester and their assigned client’s goals and concerns as set forth in the readings and class discussions on the applicable topic(s). The "final" will be a take home assignment to draft a complete Letter of Intent/Term Sheet with respect to Hulu on behalf of a client based on readings, class discussions and a limited set of additional set of facts. Each student will receive feedback on the substance of the drafting as well as practical tips for clear and concise drafting.

It is strongly suggest students take Business Organizations/Associations as a pre-requisite or at a minimum concurrently with the course.

The objective of the class is to give students a hands-on experience of the major issues in patent cases from case filing and pre-trial. Students will take briefing from actual motions that were previously pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court, learning over the course of several arguments how to zealously advocate for their clients while accurately recounting the facts and law. Other judges and special masters who handle certain motions and hearings will preside over some of the classes to expose the students to a wider variety of adjudicators. Additionally, in-house and outside counsel trial lawyers and experts will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the Austin federal courthouse. Accordingly, students should expect some non-standard meeting times. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course. Example motions in patent cases that students should prepare to undertake are: 1. Motion to dismiss 2. Motion to transfer 3. Claim construction briefing 4. Discovery motion 5. Daubert motion 6. Motion for summary judgment

The objective of the class is to give students a hands-on experience of the major issues in patent cases from case filing and pre-trial. Students will take briefing from actual motions that were previously pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court, learning over the course of several arguments how to zealously advocate for their clients while accurately recounting the facts and law. Other judges and special masters who handle certain motions and hearings will preside over some of the classes to expose the students to a wider variety of adjudicators. Additionally, in-house and outside counsel trial lawyers and experts will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the Austin federal courthouse. Accordingly, students should expect some non-standard meeting times. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course.

Example motions in patent cases that students should prepare to undertake are:

1. Motion to dismiss
2. Motion to transfer
3. Claim construction briefing
4. Discovery motion 
5. Daubert motion
6. Motion for summary judgment