Course Schedule

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

Tort law, like most law, is constantly evolving in response to changing circumstances and shifting social values and convictions. Often, this evolution involves small adjustments to existing legal principles. At other times, however, the warranted response is more transformative. For instance, the growing threat of global warming and, in particular, the significant role humans play in contributing to it may call for a transformative shift in how we understand and apply the tort of public nuisance. Another is the increasing awareness of the danger posed by private, rather than merely state, suppression of speech. Online platforms, employers, and even landlords often engage in censorship, leaving platform users, employees, and tenants unable to engage in expressive acts. Although tort liability for private censorship remains limited, recent developments suggest that changes in the law may be on the horizon. This course will offer in-depth examinations of these and other important transformations in and around the law of torts. At a more general level, engaging in these micro-based analyses of the law of torts can illuminate the broader, macro-based questions such as how tort law can respond to emerging challenges and what tort law is for. By examining these shifts, the course will address not only the future of tort law but also foundational questions about its role of addressing the demands of freedom, equality, justice, and legitimacy in a rapidly evolving world.

No casebook will be used.

Tort law, like most law, is constantly evolving in response to changing circumstances and shifting social values and convictions. Often, this evolution involves small adjustments to existing legal principles. At other times, however, the warranted response is more transformative. For instance, the growing threat of global warming and, in particular, the significant role humans play in contributing to it may call for a transformative shift in how we understand and apply the tort of public nuisance. Another is the increasing awareness of the danger posed by private, rather than merely state, suppression of speech. Online platforms, employers, and even landlords often engage in censorship, leaving platform users, employees, and tenants unable to engage in expressive acts. Although tort liability for private censorship remains limited, recent developments suggest that changes in the law may be on the horizon. This course will offer in-depth examinations of these and other important transformations in and around the law of torts. At a more general level, engaging in these micro-based analyses of the law of torts can illuminate the broader, macro-based questions such as how tort law can respond to emerging challenges and what tort law is for. By examining these shifts, the course will address not only the future of tort law but also foundational questions about its role of addressing the demands of freedom, equality, justice, and legitimacy in a rapidly evolving world.

No casebook will be used.

This course will provide in-depth study of U.S. and Texas law protecting trade secrets, the legal mechanism that businesses are increasingly relying on to protect their intellectual property and confidential business information. The course will cover statutory and common law protection for trade secrets. It will examine trade secret fundamentals such as the scope, duration, and prerequisites for trade secret protection, including subject matter, secrecy, economic value, and reasonable efforts to protect the trade secret. Common misappropriation scenarios will be addressed: joint ventures, potential acquisitions, and departing employees going to work for competitors. In addition, the course will explore litigation strategies for trade secrets cases, in particular requests for a preliminary injunction, forensic discovery, and timing of identification of the trade secret. Employment law angles of misappropriation of trade secrets will also be discussed, such as issues regarding confidentiality and non-competition agreements. Procedures and requirements for preserving trade secret protection will also be covered. Finally, the course touches on relevant comparisons between trade secret law and other legal doctrines, such as patent law. TEXTBOOK: Trade Secret Law in a nutshell. Sharon K. Sandeen, Elizabeth A. Rowe. ISBN: 9781640202115

This course will provide in-depth study of U.S. and Texas law protecting trade secrets, the legal mechanism that businesses are increasingly relying on to protect their intellectual property and confidential business information. The course will cover statutory and common law protection for trade secrets. It will examine trade secret fundamentals such as the scope, duration, and prerequisites for trade secret protection, including subject matter, secrecy, economic value, and reasonable efforts to protect the trade secret. Common misappropriation scenarios will be addressed: joint ventures, potential acquisitions, and departing employees going to work for competitors. In addition, the course will explore litigation strategies for trade secrets cases, in particular requests for a preliminary injunction, forensic discovery, and timing of identification of the trade secret. Employment law angles of misappropriation of trade secrets will also be discussed, such as issues regarding confidentiality and non-competition agreements. Procedures and requirements for preserving trade secret protection will also be covered. Finally, the course touches on relevant comparisons between trade secret law and other legal doctrines, such as patent law. TEXTBOOK: Trade Secret Law in a nutshell. Sharon K. Sandeen, Elizabeth A. Rowe. ISBN: 9781640202115

This course will provide in-depth study of U.S. and Texas law protecting trade secrets, the legal mechanism that businesses are increasingly relying on to protect their intellectual property and confidential business information. The course will cover statutory and common law protection for trade secrets. It will examine trade secret fundamentals such as the scope, duration, and prerequisites for trade secret protection, including subject matter, secrecy, economic value, and reasonable efforts to protect the trade secret. Common misappropriation scenarios will be addressed: joint ventures, potential acquisitions, and departing employees going to work for competitors. In addition, the course will explore litigation strategies for trade secrets cases, in particular requests for a preliminary injunction, forensic discovery, and timing of identification of the trade secret. Employment law angles of misappropriation of trade secrets will also be discussed, such as issues regarding confidentiality and non-competition agreements. Procedures and requirements for preserving trade secret protection will also be covered. Finally, the course touches on relevant comparisons between trade secret law and other legal doctrines, such as patent law.

TEXTBOOK: Trade Secret Law in a nutshell. Sharon K. Sandeen, Elizabeth A. Rowe. ISBN: 9781640202115

This course will provide in-depth study of U.S. and Texas law protecting trade secrets, the legal mechanism that businesses are increasingly relying on to protect their intellectual property and confidential business information. The course will cover statutory and common law protection for trade secrets. It will examine trade secret fundamentals such as the scope, duration, and prerequisites for trade secret protection, including subject matter, secrecy, economic value, and reasonable efforts to protect the trade secret. Common misappropriation scenarios will be addressed: joint ventures, potential acquisitions, and departing employees going to work for competitors. In addition, the course will explore litigation strategies for trade secrets cases, in particular requests for a preliminary injunction, forensic discovery, and timing of identification of the trade secret. Employment law angles of misappropriation of trade secrets will also be discussed, such as issues regarding confidentiality and non-competition agreements. Procedures and requirements for preserving trade secret protection will also be covered. Finally, the course touches on relevant comparisons between trade secret law and other legal doctrines, such as patent law.

TEXTBOOK: Trade Secret Law in a nutshell. Sharon K. Sandeen, Elizabeth A. Rowe. ISBN: 9781640202115

This course will explore the doctrine, policy, and theory of trademark and unfair competition law. Our principal focus is the federal Lanham Act, although we will also touch on state law from time to time. Trademarks can include such things as words, slogans, logos, product shapes and product packaging, smells, sounds, and so on, provided they are capable of becoming unique identifiers of source. Specific topics to cover (depending on time) include how a party obtains trademark rights; the scope and limitations of trademark rights; trademark infringement and dilution; the nature of trademark defenses, and the right of competitors and the public to engage in unauthorized uses of marks for purposes such as description, parody and comparative advertising. Along the way, we will discuss some of the modern controversies over the expansion of trademark rights, including the rise of the "brand" and "branding" over the past 25 years or so.

Trademark law is a species of intellectual property and unfair competition law. Trademarks represent the goodwill (or reputation) of a business and its products/services. Businesses rely on trademarks to identify their products/services, to indicate the source of those products/services, and to distinguish those products/services from the competition. Consumers rely on trademarks to distinguish products/services among competitors and as assurances of quality. Needless to say, trademarks are among a business’s most valuable assets.

This course delves into the fundamentals and modern-day application of U.S. trademark law. We will study the underlying principles of trademark law, the different types of trademarks, how trademark rights are acquired and lost, the scope and limits of those rights, the standards for determining whether a trademark violates the rights of another or deceives the public, the defenses and remedies available to parties in an action for trademark infringement or dilution, and an overview of the federal trademark registration process. Time permitting, we will also study closely related topics like trade dress, cybersquatting, counterfeit and gray market goods, false advertising, and the right of publicity.

Trademark law is a species of intellectual property and unfair competition law. Trademarks represent the goodwill (or reputation) of a business and its products/services. Businesses rely on trademarks to identify their goods/services, to indicate the source of those products/services, and to distinguish those products/services from the competition. Consumers rely on trademarks to distinguish products/services among competitors and as assurances of quality. Needless to say, trademarks are among a business’s most valuable assets.

This course delves into the fundamentals and modern-day application of U.S. trademark law. We will study the underlying principles of trademark law, the different types of trademarks, how trademark rights are acquired and lost, the scope and limits of those rights, the standards for determining whether a trademark violates the rights of another or deceives the public, the defenses and remedies available to parties in an action for trademark infringement or dilution, and an overview of the federal trademark registration process. Time permitting, we will also study closely related topics like trade dress, cybersquatting, counterfeit and gray market goods, false advertising, and the right of publicity.

This course will explore the doctrine, policy, and theory of trademark protection and unfair competition law. We will focus on the federal Lanham Act and also cover some aspects of state unfair competition law. We will ask why, and in what circumstances, things like words, symbols, slogans, product design, packaging, smells, sounds, and restaurant decor can serve as trademarks. We will also study the rules of trademark ownership, including how a party can obtain, maintain, and transfer trademark rights; the scope and limitations of trademark rights; the rules and policies related to trademark infringement and dilution; the nature of trademark defenses, and the right of competitors (and the public) to engage in unauthorized uses of marks for purposes such as parody and comparative advertising. Along the way, we will discuss the heated debates over the broad expansion of trademark rights in recent decades and explore some of the trademark issues involved with internet uses of marks. Other topics that might be covered, time permitting, include false advertising and the legal protection of trademarks abroad.

Transactional Practice Skills: Doing Deals introduces students to the skills that lawyers—in particular, junior lawyers—will need in transactional practice in a modern “biglaw” firm. In this course, students will experience critical aspects of what it is like to be a junior associate on a transactional “deal team” as well as get a “behind the curtain” view on life as a transactional biglaw associate. Throughout the course, students will gain experience as both buy-side and sell-side counsel using various assignments and exercises as part of a mock semester-long transaction. Students will represent their client(s) from the transaction’s earliest stages through signing. Through the lens of the transaction, we will focus on understanding and manifesting the client’s business objectives, performing and communicating the findings of due diligence, drafting and revising documents and honing the soft skills (such as internal and external client communication and appropriate time and deadline management) that are necessary for a student to become a successful junior associate. During the semester, students will interact with practicing attorneys and mock clients in-person and via teleconference to walk through documents and receive feedback, which they will use to revise documents or modify their approach to various issues, much as associates do every day in firms.

Transactions focuses on real contracts with real risks. This course includes a strong writing component. There will be an ungraded mid-term writing assignment and an in-class final exam. We will study annotated payment assurances such as provided by a prominent law firm. We will also study a merger and a joint venture agreement as developed by committees of the American Bar Association. We may also study several other agreements. So, this course could be called "everything you wanted to know about commercial liabilities, but were afraid to ask." All of these documents are complex and many of them are lengthy. For example, the Joint Venture Agreement and Merger Agreement are each over one hundred (100) pages. We will study the liabilities in each agreement. Other than liability, we do not study commercial terms. This class is unique. In class participation is not optional. If you are not amenable to completing regular homework assignments with your classmates, please consider registering for another class.

This course focuses on real contracts with real risks.  During Part I of the course, homework will be due twice weekly.  During Part II and Part III of the course, homework will be due weekly.  There will be a mid-term writing assignment (ungraded).  I may periodically review your homework assignments.

We will study a guaranty, a promissory note and a deed of trust.  These agreements are commonly used for financing.  A prominent local law firm has provided materials for our use in class.  We will also study a merger agreement, an asset acquisition agreement and a joint venture agreement.  The merger, joint venture and asset acquisition agreement were prepared by committees of the American Bar Association.  We will also study a confidentiality agreement, non-compete agreement, a waiver of liability and several other commonly used agreements.  Finally, we will study an intellectual property license. 

Many of these documents are lengthy.  We will study them in detail, particularly the liabilities in each agreement.  This course could also be called "everything you always wanted to know about commercial liabilities, but were afraid to ask."  However, we do not study commercial terms, such as profit.  

Prerequisite: First year torts and first year contracts.  

This course focuses on real contracts with real risks.  During the course we will study a guaranty, a promissory note, a deed of trust and an assignment.  These are commonly used agreements in financing.  A prominent local law firm has provided these materials for our use in class.  We will also study a merger agreement, an asset acquisition agreement and a joint venture agreement.  The merger, joint venture and asset acquisition agreement were prepared by committees of the American Bar Association  ("ABA").  We will also study a confidentiality agreement, non-compete agreement, a waiver of liability and several other commonly used agreements.  Finally, we will study an intellectual property license.  

This course highlights the liabilities in each agreement.  This course could also be called "everything you always wanted to know about commercial liabilities, but were afraid to ask."  However, we do not study commercial terms, such as profit.   

Prerequisite: First year torts and first year contracts.   Business Associations will also be helpful, but is not a prerequisite. 

Please note, the three documents provided by the ABA are over 750 pages long total.  These three documents are usually well-represented on the final exam.  The ABA documents are also heavily commented by the drafters.  In addition to the ABA documents, we study several other documents that are lengthy and dense.  So, it is important that you come to each class well-prepared.  

This course focuses on real contracts with real risks.  During the course will study a guaranty, a promissory note and a deed of trust.  These agreements are commonly used for financing.  A prominent local law firm has provided materials for our use in class.  We will also study a merger agreement, an asset acquisition agreement and a joint venture agreement.  The merger, joint venture and asset acquisition agreement were prepared by committees of the American Bar Association.  We will also study a confidentiality agreement, non-compete agreement, a waiver of liability and several other commonly used agreements.  Finally, we will study an intellectual property license.  Many of these documents are lengthy.  We will study them in detail, particularly the liabilities in each agreement. 

This course does not focus on commercial matters, such as profit/loss.  

Prerequisite: First year torts and first year contracts.  

This course focuses on real contracts with real risks.  During the course will study a guaranty, a promissory note and a deed of trust.  These agreements are commonly used for financing.  A prominent local law firm has provided materials for our use in class.  We will also study a merger agreement, an asset acquisition agreement and a joint venture agreement.  The merger, joint venture and asset acquisition agreement were prepared by committees of the American Bar Association.  We will also study a confidentiality agreement, non-compete agreement, a waiver of liability and several other commonly used agreements.  Finally, we will study an intellectual property license.  This course highlights the liabilities in each agreement.  

Prerequisite: First year torts and first year contracts.  

Transactions focuses on real contracts with real risks.  During the course will study a guaranty, a promissory note and a deed of trust.  We will also study a merger agreement, an asset acquisition agreement and a joint venture agreement.  Time permitting, we will also study a confidentiality agreement, non-compete agreement, a waiver of liability and several other commonly used agreements.  This course includes a significant writing component.  

Prerequisite: First year torts and first year contracts.  

Transactions focuses on real contracts with real risks.  We will study a guaranty, a promissory note and a deed of trust.  In the second half of the course, we will study a merger agreement, a joint venture agreement and an asset acquisition agreement.  Time permitting, we may also review several articles from current headlines ("ripped from the headlines.")  We will also consider negotiations, with a particular emphasis on the importance of statements made during negotiations. 

Prerequisites: first year torts and first year contracts.