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SMNR: Regulation of Financial Markets

Unique 32005
3 hours
  • W. Stutts
  • THU 4:30 – 6:20 pm
P/F Not Allowed
Eval:
Paper
Fall 2026

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

Financial regulation is the principal tool used by the public or official sector to achieve or approach financial stability and market integrity, as well as influencing innovations and new products in financial markets. The events of 2023 and 2020-21, and the impact of the financial cataclysms of 2008-10, are evidence that in times of severe stress (whether or not fundamentally economic or financial) the functioning of and support by financial regulation is both objectively and subjectively central.   It's also notable that regulation can stifle important ways in which finance can make funding available to meet the needs of a population and the innovation that enables the financial system to address the needs of the real economy.  It is no surprise, then, that the directions of financial regulation in the US have vacillated notably over the last 20 years. It is worth noting that every year brings considerable change in the regulatory landscape (sometimes only in details and sometimes otherwise). The 2025 changes in US federal financial regulation merit the characterization of "seismic," abruptly shifting a balance of interests toward innovation, and less toward ex ante support of market stability and consumer protection. Accordingly, course materials will change or will be supplemented as the semester progresses. This seminar reviews the structure and operations  of financial market regulation--specifically securities, derivatives (or swaps), banking, and payment systems (particularly aspect to inhibit money laundering and terrorist [or "threat"] financing). We will concentrate on United States regulatory systems, but we will -- as we must-- examine the international regulatory regimes and the cross-border effects of regulation. Know it or not, or like it or not, regulation of financial markets touches and changes every aspect of our economic lives. (Paying rent and buying groceries and obtaining cash from an ATM and obtaining funding for nonprofit organizations and purchasing cryptocurrency are parts of those economic lives, as are public and private issuances of securities, and multibillion dollar financings.) This topic includes cryptocurrency and other digital assets, blockchain records, fintech, public-sector support for markets and issuers, and consumer credit regulation, all of which we will discuss during the class as time permits. This is not a substitute for a securities regulation course but, then, securities regulation is not a prerequisite for this class. While the completion of a course in business associations is not an official prerequisite, a familiarity with the structures of US business associations is a helpful predicate to the material we will cover. A major paper will be required at the end of the course. Course grades are determined by class participation, the paper, and a short writing assignment to be completed in the first part of the course.  (Class participation may include some short, narrow quizzes that are calibrated to assess the general achievement of learning outcomes.)  Consistently with a recognition that the topic has broad application, the course materials come from many sources (some of which may be surprising) and are in different media. That having been said, one requisite for the course--by no means a formal one, but a real requirement-- is that the students have an interest in learning about the area.  And, notwithstanding the language that precedes this sentence, the instructor is pretty casual.

SMNR: Regulation of Financial Markets

Unique 31100
3 hours
  • W. Stutts
  • THU 4:30 – 6:20 pm TNH 3.127
P/F Not Allowed
Eval:
Paper
Fall 2025

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

>Financial regulation is the principal tool used by the public or official sector to achieve or approach financial stability and market integrity. The events of 2023 and 2020-21, and the impact of the financial cataclysms of 2008-10,  prove that in times of severe stress (whether or not fundamentally economic or financial) the functioning of and support by financial regulation is both objectively and subjectively central.   It's also notable that  regulation can stifle important ways in which finance can making funding available to meet the needs of a population and the innovation that enables the financial system to address the needs of the real economy.  It is no surprise, then, that the directions of financial regulation in the US have vascillated notably over the last 15 years. It is worth noting that in every year there is considerable change in the regulatory landscape (sometimes only in details and sometimes otherwise). Accordingly, course materials will change or will be supplemented as the semester progresses. In some years, the amount and reach of changes are larger than in some other years. This seminar reviews the structure and operations  of financial market regulation--specifically securities, derivatives (or swaps), banking, and systems to inhibit money laundering and terrorist (or "threat") financing. We will concentrate on United States regulatory systems, but we will -- as we must-- examine the international regulatory regimes and the cross-border effects of regulation. Know it or not, or like it or not, regulation of financial markets touches and changes every aspect of our economic lives. (Paying rent and buying groceries and obtaining cash from an ATM and obtaining funding for nonprofit organizations are parts of those economic lives, as are public and private issuances of securities, and multibillion dollar finacings.) This topic includes cryptocurrency, blockchain records, fintech, public-sector support for markets and issuers, and consumer credit regulation, all of which we will discuss during the class as time permits. This is not a substitute for a securities regulation course but, then, securities regulation is not a prerequisite for this class. A major paper will be required at the end of the course. Course grades are determined by class participation,  the paper, and a short writing assignment to be completed in the first part of the course.  (Class participation may include some short, narrow quizzes that are calibrated to assess the general  achievement of learning outcomes.)  Consistently with a recognition that the topic has broad application, the course materials come from many sources (some of which may be surprising) and are in different media. That having been said, one requisite for the course--by no means a formal one, but a real requirement-- is that the students have an interest in learning about the area.  And, notwithstanding the language that precedes this sentence, the instructor is pretty casual.

SMNR: Regulation of Financial Markets

Unique 28929
3 hours
  • W. Stutts
  • THU 4:30 – 6:20 pm TNH 3.127
P/F Not Allowed
Eval:
Paper
Fall 2024

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

Financial regulation is the principal tool used by the public or official sector to achieve or approach financial stability and market integrity. The events of 2023 and 2020-21, and the impact of the financial cataclysms of 2008-10,  prove that in times of severe stress (whether or not fundamentally economic or financial) the functioning of and support by financial regulation is both objectively and subjectively central.   It's also notable that  regulation can stifle important ways in which finance can making funding available to meet the needs of a population and the innovation that enables the financial system to address the needs of the real economy.  This seminar reviews the structure and operations  of financial market regulation--specifically securities, derivatives (or swaps), banking, and systems to inhibit money laundering and terrorist (or "threat") financing. We will concentrate on United States regulatory systems, but we will -- as we must-- examine the international regulatory regimes and the cross-border effects of regulation. Know it or not, or like it or not, regulation of financial markets touches and changes every aspect of our economic lives. (Paying rent and buying groceries and obtaining cash from an ATM and obtaining funding for nonprofit organizations are parts of those economic lives, as are public and private issuances of securities, and multibillion dollar finacings.) This topic includes cryptocurrency, blockchain records, fintech, public-sector support for markets and issuers, and consumer credit regulation, all of which we will discuss during the class as time permits. This is not a substitute for a securities regulation course but, then, securities regulation is not a prerequisite for this class. A major paper will be required at the end of the course. Course grades are determined by class participation,  the paper, and a short writing assignment to be completed in the first part of the course.  (Class participation may include some short, narrow quizzes that are calibrated to assess the general  achievement of learning outcomes.)  Consistently with a recognition that the topic has broad application, the course materials come from many sources (some of which may be surprising) and are in different media. That having been said, one requisite for the course--by no means a formal one, but a real requirement-- is that the students have an interest in learning about the area.  And, notwithstanding the language that precedes this sentence, the instructor is pretty casual. 

SMNR: Regulation of Financial Markets

Unique 29860
3 hours
  • W. Stutts
  • THU 4:30 – 6:20 pm TNH 3.127
P/F Not Allowed
Eval:
Paper
Fall 2023

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

Financial regulation is the principal tool used by the public or official sector to achieve or approach financial stability and market integrity. The events of 2020-21, and the impact of the financial cataclysms of 2008-10,  prove that in times of severe stress (whether or not fundamentally economic or financial) the functioning of and support by financial regulation is both objectively and subjectively central.   It's also notable that  regulation can stifle important ways in which finance can making funding available to meet the needs of a population and the innovation that enables the financial system to address the needs of the real economy.  This seminar reviews the structure and operations  of financial market regulation--specifically securities, derivatives (or swaps), banking, and systems to inhibit money laundering and terrorist (or "threat") financing. We will concentrate on United States regulatory systems, but we will -- as we must-- examine the international regulatory regimes and the cross-border effects of regulation. Know it or not, or like it or not, regulation of financial markets touches and changes every aspect of our economic lives. (Paying  rent and buying groceries and obtaining cash from an ATM and obtaining funding for nonprofit organizations are parts of those economic lives, as are public and private issuances of securities, and multibillion dollar finacings.) This topic includes cryptocurrency, blockchain records, fintech, public-sector support for markets and issuers, and consumer credit regulation, all of which we will discuss during the class as time permits. This is not a substitute for a securities regulation course but, then, securities regulation is not a prerequisite for this class. A major paper will be required at the end of the course. Course grades are determined by class participation,  the paper, and a short writing assignment to be completed in the first part of the course.  (Class participation may include some short, narrow quizzes that are calibrated to assess the general  achievement of learning outcomes.)  Consistently with a recognition that the topic has broad application, the course materials come from many sources (some of which may be surprising) and are in different media. That having been said, one requisite for the course--by no means a formal one, but a real requirement-- is that the students have an interest in learning about the area.  And, notwithstanding the language that precedes this sentence, the instructor is pretty casual. 

SMNR: Regulation of Financial Markets

Unique 29705
3 hours
  • W. Stutts
  • THU 4:15 – 6:05 pm JON 6.207
P/F Allowed (JD only)
Eval:
Paper
Fall 2022

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

Financial regulation is the principal tool used by the public or official sector to achieve or approach financial stability and market integrity. The events of 2020-21, and the impact of the financial cataclysms of 2008-10,  prove that in times of severe stress (whether or not fundamentally economic or financial) the functioning of and support by financial regulation is both objectively and subjectively central.   It's also notable that  regulation can stifle important ways in which finance can making funding available to meet the needs of a population and the innovation that enables the financial system to address the needs of the real economy.  This seminar reviews the structure and operations  of financial market regulation--specifically securities, derivatives (or swaps), banking, and systems to inhibit money laundering and terrorist (or "threat") financing. We will concentrate on United States regulatory systems, but we will -- as we must-- examine the international regulatory regimes and the cross-border effects of regulation. Know it or not, or like it or not, regulation of financial markets touches and changes every aspect of our economic lives. (Paying  rent and buying groceries and obtaining cash from an ATM and obtaining funding for nonprofit organizations are parts of those economic lives, as are public and private issuances of securities, and multibillion dollar finacings.) This topic includes cryptocurrency, blockchain records, fintech, public-sector support for markets and issuers, and consumer credit regulation, all of which we will discuss during the class as time permits. This is not a substitute for a securities regulation course but, then, securities regulation is not a prerequisite for this class. A major paper will be required at the end of the course. Course grades are determined by class participation and the paper.  (Class participation may include some short, narrow quizzes that are calibrated to assess the general  achievement of learning outcomes.)  Consistently with a recognition that the topic has broad application, the course materials come from many sources (some of which may be surprising) and are in different media. That having been said, one requisite for the course--by no means a formal one, but a real requirement-- is that the students have an interest in learning about the area.  And, notwithstanding the language that precedes this sentence, the instructor is pretty casual. 

SMNR: Regulation of Financial Markets

Unique 30030
3 hours
  • W. Stutts
  • THU 4:15 – 6:05 pm JON 6.206
P/F Allowed (JD only)
Eval:
Paper
Fall 2021

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

Financial regulation is the principal tool used by the public or official sector to achieve or approach financial stability and market integrity. The events of 2020, and the impact of the financial cataclysms of 2008-10,  prove that in times of severe stress (whether or not fundamentally economic or financial) the functioning of and support by financial regulation is both objectively and subjectively central.   It's also notable that  regulation can stifle important ways in which finance can making funding available in ways that are consistent with the needs of a population and the innovation that enables  the financial system to address the needs of the real economy.  This seminar reviews the structure and operations  of financial market regulation--specifically securities, derivatives (or swaps), banking, and systems to inhibit money laundering and terrorist (or "threat") financing. We will concentrate on United States regulatory systems, but we will -- as we must-- examine the international regulatory regimes and the cross-border effects of regulation. Know it or not, or like it or not, regulation of financial markets touches and changes every aspect of our economic lives. (Paying  rent and buying groceries and obtaining cash from an ATM and obtaining funding for nonprofit organizations are parts of those economic lives, as are public and private issuances of securities, and multibillion dollar finacings.) This topic includes cryptocurrency, blockchain records, fintech, public-sector support for markets and issuers, and consumer credit regulation, all of which we will discuss during the class as time permits. This is not a substitute for a securities regulation course but, then, securities regulation is not a prerequisite for this class. A major paper will be required at the end of the course. Course grades are determined by class participation and the paper.  (Class participation may include some short, narrow quizzes that are calibrated to assess the general  achievement of learning outcomes.)  Consistently with a recognition that the topic has broad application, the course materials come from many sources (some of which may be surprising) and are in different media. That having been said, one requisite for the course--by no means a formal one, but a real requirement-- is that the students have an interest in learning about the area.  And, notwithstanding the language that precedes this sentence, the instructor is pretty casual. 

SMNR: Regulation, Power, and the Public Interest

Unique 30200
3 hours
  • D. Spence
  • MON 2:30 – 4:20 pm TNH 3.116
P/F Not Allowed
Eval:
Paper
Spring 2026

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

This class will address fundamental questions about the balance between government regulation and markets in U.S. liberal democracy. The text for the course builds on an emerging body of scholarship in "networks, platforms, and public utilities" to help students undertake their own critical examination of that balance. Along the way we will consider the past, present and future of regulation across a number of different industries, including transportation (railroads and airlines), telecommunications, and various types of online platforms. The primary component of student grades for this seminar will be a research paper.

SMNR: Remedies and Politics

Unique 28980
3 hours
  • M. Dickerson
  • MON 3:55 – 5:45 pm TNH 3.129
P/F Not Allowed
Eval:
Paper
Fall 2024

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

This seminar will study contemporary cases and controversies involving Remedies (i.e., what an injured person receives after liability is determined or presumed). The seminar will build on topics you likely covered in your torts and contracts classes (measuring damages, restitution) and some topics that you may not have studied in detail (rescission, injunctions) though you may have addressed in other classes. We will also explore topics you may never have viewed as being a remedy (attorney’s fees), defenses to remedies (unclear hands, mitigation), and topics you may never have studied though you likely have seen mentioned in cases you have read in other classes (contempt and declaratory judgments).

The seminar will focus on remedies that have been implicated in lawsuits involving the former President of the United States (FPOTUS) and people in his orbit. While the title of this course includes the word “politics” this will not be a partisan course and class discussions will not involve election law or political action committees. Instead, we will consider the types of remedies that plaintiffs have sought (or have been awarded) in lawsuits involving FPOTUS+ orbit.

Evaluation for the seminar will be based on a series of assessments, including class participation, Canvas postings, and a final paper (including a first draft).

SMNR: Remedies and Politics

Unique 29065
3 hours
  • M. Dickerson
  • WED 3:55 – 5:45 pm TNH 3.114
P/F Not Allowed
Eval:
Paper
Spring 2024

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

This seminar will study contemporary cases and controversies involving Remedies (i.e., what an injured person receives after liability is determined or presumed). The seminar will build on topics you likely covered in your torts and contracts classes (measuring damages, restitution) and some topics that you may not have studied in detail (rescission, injunctions) though you may have addressed in other classes. We will also explore topics you may never have viewed as being a remedy (attorney’s fees), defenses to remedies (unclear hands, mitigation), and topics you may never have studied though you likely have seen mentioned in cases you have read in other classes (contempt and declaratory judgments).

The seminar will focus on remedies that have been implicated in lawsuits involving the former President of the United States (FPOTUS) and people in his orbit. While the title of this course includes the word “politics” this will not be a partisan course and class discussions will not involve election law or political action committees. Instead, we will consider the types of remedies that plaintiffs have sought (or have been awarded) in lawsuits involving FPOTUS+ orbit.

Evaluation for the seminar will be based on a series of assessments, including class participation, Canvas postings, and a final paper (including a first draft).

SMNR: Reproductive Justice, Criminal Law, and the Carceral State

Unique 32009
3 hours
  • K. Engle
  • MON 3:55 – 5:45 pm
P/F Not Allowed
Eval:
Paper
Fall 2026

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

This seminar will use a reproductive justice lens to consider the criminalization of reproduction, broadly understood, as well as other topics implication issues of reproductive justice and rights—historical and contemporary, local and global. It will be organized around the work of leading scholars, mostly but not exclusively in law, who will present their research in a public forum as part of the course. Students will read work by each speaker as well as related scholarly materials. Students are expected to participate actively in class discussions, engage with speakers during the public lectures, write short critical responses to assigned reading, and write a longer essay on a topic related to the themes that arise during the semester. The seminar is open to law students as well as non-law graduate and professional students with relevant background.

SMNR: Reproductive Justice, Criminal Law, and the Carceral State

Unique 28985
3 hours
  • K. Engle
  • C. Ramirez
  • B. Rocap
  • MON 3:55 – 5:45 pm JON 6.206
P/F Not Allowed
Eval:
Paper
Fall 2024

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective
  • Prof. keeps own waitlist

Description

The criminalization of abortion in many U.S. states following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has disrupted the presumed divide between reproductive rights and criminal law, with many in each field now attempting to familiarize themselves with the other. Reproductive justice scholars and advocates, however, have long been working at the intersection of these fields—considering the impacts of the overcriminalization and surveillance of poor communities of color on a variety of pregnancy outcomes. They have also identified multiple ways that criminal law, mass incarceration, and other institutional mechanisms such as the child welfare system impede not only the right not to have children but to have them and to raise them in safety and with dignity.

This seminar will use a reproductive justice lens to consider the criminalization of reproduction, broadly understood—historical and contemporary, local and global. It will be organized around the work of leading scholars who will present their research to the university community in a public forum as part of the course. Students will read work by each speaker as well as related scholarly materials.

Students are expected to participate actively in class discussions, engage with speakers during the public lectures, write short critical responses to assigned reading, and write a longer essay on a topic related to the themes that arise during the semester. The seminar is open not only to law students but to non-law graduate and professional students with relevant background.

Cristina Ramirez and Blake Rocap will also participate in presenting this course.

SMNR: Reproductive Justice, Criminal Law, and the Carceral State

Unique 29825
3 hours
  • K. Engle
  • MON 3:55 – 5:45 pm JON 6.206
P/F Not Allowed
Eval:
Paper
Fall 2023

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective
  • Prof. keeps own waitlist

Description

Non-law students (LLM and graduate students outside of the law school) must apply for a seat in this course. To apply, please write a paragraph about why you want to take the seminar and email this to Prof. Engle (kengle@law.utexas.edu) and CC: Caroline Hahn (carolinehahn@austin.utexas.edu).

Students who wish to be added to the professor-administered waitlist should write a paragraph about why you want to take the seminar and your background related to the seminar and email this to Prof. Engle (kengle@law.utexas.edu) and CC: Caroline Hahn (carolinehahn@austin.utexas.edu).

The criminalization of abortion in many U.S. states following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has disrupted the presumed divide between the fields of reproductive rights and criminal law, with many in each field now attempting to familiarize themselves with the other. Reproductive justice scholars and advocates, however, have long been working at the intersection of these fields—considering the impacts of the overcriminalization and surveillance of poor communities of color on a variety of pregnancy outcomes. Specifically, they have identified multiple ways that criminal law, mass incarceration, and other institutional mechanisms such as the child welfare system have limited not only the right of many not to have children but the right to have them and to raise them in safety and with dignity. The criminalization of abortion is set to follow the same path, directly and indirectly disproportionately affecting those from overcriminalized groups.

This seminar will consider the criminalization of reproduction—historical and contemporary, local and global—largely through the lens of reproductive justice. It will do so with the aim of achieving a better understanding of the current moment so that we might formulate better responses. It will be organized around the work of leading scholars who will present their research to the university community in a public forum. Students will spend roughly two weeks considering work by each speaker as well as related scholarly materials.

Students are expected to participate actively in class discussions, write short critical responses to assigned reading by visiting scholars, and write a longer essay on a topic related to the themes that arise during the semester. Readings for the seminar will come from a variety of disciplines, including law, sociology, and public health. The seminar is open not only to law students but to non-law graduate and professional students with relevant background.

SMNR: Rewriting the U.S. Constitution

Unique TBD
3 hours
  • R. Albert
  • S. Levinson
  • Z. Elkins
Unknown
Eval:
Paper
Spring 2027
You are viewing tentative course information. Course details, including instructor, credit hour value and availability are subject to change.

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

SMNR: Rewriting the U.S. Constitution

Unique 30228
3 hours
  • R. Albert
  • S. Levinson
  • Z. Elkins
  • MON 5:55 – 7:45 pm JON 5.206
P/F Not Allowed
Eval:
Paper
Spring 2026

Course Information

Course ID:
397S
Cross-listed with:
Other school

Registration Information

  • Upperclass-only elective

Description

The technology of constitution-making has evolved substantially since the writing of the U.S. Constitution in 1787. A constitution enacted today almost anywhere in the world would look considerably different—unrecognizable in relation to rights and freedoms, for instance—from the U.S. Constitution. This contrast raises a fundamental question: can we learn anything useful from other constitutions to help us address the challenges of modern law and society here in the United States? Students in this seminar will learn primarily about the U.S. Constitution, with comparisons to constitutions in the 50 states and in every region of the world. Readings will be made freely-available on Canvas. Evaluation will be based on class participation, three response papers (graded complete/incomplete), and one final term paper. Dinner will be served at every class session, sponsored by the Constitutional Studies Program and the Center for Law and Democracy, both housed here at the University of Texas at Austin.

SMNR: SEC Enforcement Practice

Unique 30229
3 hours
  • E. Schwartz
  • TUE 3:55 – 5:45 pm TNH 3.115
P/F Not Allowed
Eval:
Paper
Spring 2026

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

In this seminar, legal realism meets securities regulation. Perhaps you have wondered how it could be determined that trading in meme stocks crosses a line? Or when crypto is subject to securities regulation? Or what stock trade might amount to illegal insider trading? The objective of this course is to illuminate such questions by giving students a practical appreciation of both the process through which securities law enforcement decisions are made, and the powerful role they have in shaping securities law. The course has two main components. First, we examine the process of securities enforcement: how cases are investigated, what leads to enforcement action, and the respective roles of government lawyers, defense counsel, the Commission, and the courts. Students will gain an insider’s perspective on how enforcement decisions are made and how they drive the development of substantive securities law. Second, we will explore key areas of securities regulation that are particularly influenced by the enforcement process, including insider trading, financial fraud, market manipulation and foreign corrupt practices. A consistent theme will be the utility and consequences of developing law through ad hoc enforcement decisions. The seminar is taught by a professor with 35 years of securities enforcement experience, including service as a senior SEC enforcement official and as a partner in a global law firm representing clients in major investigations—offering students a unique perspective from both sides of the table.

SMNR: SEC Enforcement Practice

Unique 29785
3 hours
  • E. Schwartz
  • WED 3:55 – 5:45 pm CCJ 3.306
P/F Not Allowed
Eval:
Paper
Spring 2025

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

Have you wondered how it is determined that some crypto-currency activities violate the securities laws?  Or what might make trading in meme stocks subject to enforcement action?  The objective of this course is to illuminate such questions by giving students a practical appreciation of both the process through which securities law enforcement decisions are made, and the way in which the reach of the securities laws has developed as a consequence.  We will cover two broad areas.  First, the mechanics of the securities enforcement process and the roles played in it by government lawyers, defense lawyers, the Commission, and the courts.  The goal is to provide an “insiders” appreciation of how enforcement decision-making occurs, and how it operates as a significant driver in the development of the substantive securities law.  The second part of the course will be a deep dive into substantive areas of the securities law that are particularly shaped by enforcement decision making, including, for example, the prohibitions on insider trading, foreign corrupt practices, financial fraud, market manipulation and the emerging regulation of crypto-currencies.   A consistent theme will be the utility and consequences of developing law through ad hoc enforcement decisions. The professor had a 35-year securities enforcement career that included positions as a senior SEC enforcement official and as a partner in a global law firm representing clients in defense of securities enforcement investigations, and has deep experience with these issues from both perspectives.  

SMNR: SEC Enforcement Practice

Unique 29070
3 hours
  • E. Schwartz
  • WED 3:55 – 5:45 pm TNH 3.124
P/F Not Allowed
Eval:
Paper
Spring 2024

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

Have you wondered how it is determined that some crypto-currency activities violate the securities laws?  Or what might make trading in meme stocks subject to enforcement action?  The objective of this course is to illuminate such questions by giving students a practical appreciation of both the process through which securities law enforcement decisions are made, and the way in which the reach of the securities laws has developed as a consequence.  We will cover two broad areas.  First, the mechanics of the securities enforcement process and the roles played in it by government lawyers, defense lawyers, the Commission, and the courts.  The goal is to provide an “insiders” appreciation of how enforcement decision-making occurs, and how it operates as a significant driver in the development of the substantive securities law.  The second part of the course will be a deep dive into substantive areas of the securities law that are particularly shaped by enforcement decision making, including, for example, the prohibitions on insider trading, foreign corrupt practices, financial fraud, market manipulation and the emerging regulation of crypto-currencies.   A consistent theme will be the utility and consequences of developing law through ad hoc enforcement decisions. The professor had a 35-year securities enforcement career that included positions as a senior SEC enforcement official and as a partner in a global law firm representing clients in defense of securities enforcement investigations, and has deep experience with these issues from both perspectives.  

SMNR: SEC Enforcement Practice

Unique 29809
3 hours
  • E. Schwartz
  • TUE 4:15 – 6:05 pm JON 6.257
P/F Allowed (JD only)
Eval:
Paper
Spring 2023

Course Information

Course ID:
397S
Cross-listed with:
Other school

Registration Information

  • Upperclass-only elective

Description

Same as LAW 296W, SEC Enforcement Practice.

Have you wondered how it is determined that some crypto-currency activities violate the securities laws?  Or what might make trading in meme stocks subject to enforcement action?  The objective of this course is to illuminate such questions by giving students a practical appreciation of both the process through which securities law enforcement decisions are made, and the way in which the reach of the securities laws has developed as a consequence.  We will cover two broad areas.  First, the mechanics of the securities enforcement process and the roles played in it by government lawyers, defense lawyers, the Commission, and the courts.  The goal is to provide an “insiders” appreciation of how enforcement decision-making occurs, and how it operates as a significant driver in the development of the substantive securities law.  The second part of the course will be a deep dive into substantive areas of the securities law that are particularly shaped by enforcement decision making, including, for example, the prohibitions on insider trading, foreign corrupt practices, financial fraud, market manipulation and the emerging regulation of crypto-currencies.   A consistent theme will be the utility and consequences of developing law through ad hoc enforcement decisions. The professor had a 35-year securities enforcement career that included positions as a senior SEC enforcement official and as a partner in a global law firm representing clients in defense of securities enforcement investigations, and has deep experience with these issues from both perspectives.  

SMNR: Saving Our Planet: Investigating the Economics, Law, and Policy of Innovation

Unique 30034
3 hours
  • J. Cohen
  • WED 3:45 – 5:35 pm TNH 3.129
P/F Not Allowed
Eval:
Paper
Fall 2021

Course Information

Course ID:
397S
Cross-listed with:
Other school

Registration Information

  • Upperclass-only elective
  • Prof. keeps own waitlist

Description

This is a new seminar designed for students who want to engage with some of the major movements being launched in support of planetary conservation through analytic and practical investigation. The movements under study will include land and water set-asides (eg, the EU Biodiversity Strategy for 2030 and the Global Evergreening Alliance); the "new food" movement (eg, Eat Just's lab-grown chicken; Blue Nalu's lab-grown fish; and solar-powered cooking); new construction (eg, mass timber; replacements for concrete); the movement to de-commission or "trade" dams, to re-negotiate multi-state river compacts, and to "retreat"! from beaches and shorelines; and to "re-use" and "replace" pl! astics within the circular economy. We'll focus on the work of particular public and private organizations leading these charges, including Austin start-ups being fostered by ATL (the Austin Technology Lab). We'll make a pro bono contribution to the work of at least two of these organizations through group projects. Students will also write a research paper on approved topics within the whole.

SMNR: Section 1983 Litigation

Unique 32008
3 hours
  • J. Laurin
  • FRI 9:50 – 11:40 am
P/F Not Allowed
Eval:
Paper
Fall 2026

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

This is a writing seminar designed to teach key features of the doctrines developed in connection with 42 U.S.C. 1983, the primary vehicle for federal civil rights litigation in connection with constitutional violations by state and local officials. The readings and class content will be aimed at teaching the mechanics of Section 1983 litigation, and also with exposing students to scholarly assessments of the doctrine. Topics will include state-action doctrine, qualified and absolute immunity, municipal liability, damages and attorneys fees, and additional issues. Class sessions will include discussion of cases and scholarship pertaining to the assigned topic, as well as sessions with practitioners in the field. Students will be evaluated based on their weekly preparation and active participation in discussion, and on their completion of a work of original research related in some way to Section 1983 litigation. This content of the course will be useful to any students contemplating work in civil rights litigation, a federal clerkship, or government lawyering (particularly in state attorney general or city or county attorneys' offices), or with general interest in federal courts or remedies for constitutional violations.

SMNR: Section 1983 Litigation

Unique 30230
3 hours
  • J. Laurin
  • THU 2:30 – 4:20 pm TNH 3.115
P/F Not Allowed
Eval:
Paper
Spring 2026

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

This is a writing seminar designed to teach key features of the doctrines developed in connection with 42 U.S.C. 1983, the primary vehicle for federal civil rights litigation in connection with constitutional violations by state and local officials. The readings and class content will be aimed at teaching the mechanics of Section 1983 litigation, and also with exposing students to scholarly assessments of the doctrine. Topics will include state-action doctrine, qualified and absolute immunity, municipal liability, damages and attorneys fees, and additional issues. Class sessions will include discussion of cases and scholarship pertaining to the assigned topic, as well as sessions with practitioners in the field. Students will be evaluated based on their weekly preparation and active participation in discussion, and on their completion of a work of original research related in some way to Section 1983 litigation. This content of the course will be useful to any students contemplating work in civil rights litigation, a federal clerkship, or government lawyering (particularly in state attorney general or city or county attorneys' offices), or with general interest in federal courts or remedies for constitutional violations.

SMNR: Section 1983 Litigation

Unique 29775
3 hours
  • J. Laurin
  • MON 2:30 – 4:20 pm TNH 3.115
P/F Not Allowed
Eval:
Paper
Spring 2025

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

This is a writing seminar designed to teach key features of the doctrines developed in connection with 42 U.S.C. 1983, the primary vehicle for federal civil rights litigation in connection with constitutional violatoins by state and local officials. The readings will present the opportunity to learn the mechanics of Section 1983 litigation, and also scholarly and policy critiques of the doctrinal landscape. Topics will include state-action doctrine, qualified and absolute immunity, municipal liability, damages and attorneys fees, and additional issues. Class sessions will typically include both discussion of cases and scholarship pertaining to the assigned topic, but also discussions with practitioners in the field. Students are expected to participate actively in each week's discussion, to submit brief reading reflections/questions on a weekly basis, and to complete original research which may take the form of either traditional legal scholarship or a policy brief.

SMNR: Selected Topics in Admiralty and Maritime Law

Unique 29756
3 hours
  • B. Jackson
  • WED 3:55 – 5:45 pm TNH 3.116
P/F Allowed (JD only)
Eval:
Paper
Fall 2023

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

This writing seminar will examine selected topics of student interest regarding all aspects of maritime law ranging from commercial law to “torts at sea.” The field of maritime casualties and transactions involves issues ranging across much of the basic law school curriculum including civil procedure, comparative law, conflicts of law, constitutional law, contracts, creditors’ rights, environmental law, federal courts, insurance, international law, legislation, products liability, property, remedies, torts and workers’ compensation.

In the early weeks of the semester students will be introduced to the broad legal background in this field. Thereafter emphasis will be placed on analytical research and writing skills with maritime law as the subject matter. Guidance will be provided regarding paper topic selection – topics will be suggested, but students may select their own topic subject to approval. Subsequent sessions will consist largely of discussions of ongoing student research, draft paper preparation and review with feedback, and student presentations of the results of their original research.

A traditional seminar paper of roughly 30 pages will be required. During the semester students will present topics of interest to them, detailed outlines of their paper, and rough drafts of their paper for discussion, analysis and feedback. Class discussion of the papers will be an important aspect of the learning experience.

Although the seminar may be taken on a pass/fail basis, students in need of a required writing seminar will be assigned a letter grade based on the quality of the paper and participation in class.

Prior study or experience regarding maritime law will afford some advantage, but such is not a prerequisite.

During the spring of 2024 there are three writing competitions involving monetary awards for papers addressing maritime law issues sponsored by the Federal Bar Association Admiralty Law Section, the Admiralty and Maritime Law Committee of the American Bar Association and the Judge John R. Brown Scholarship Foundation. The Fall timing of this seminar will afford students the opportunity to submit papers in these Spring competitions.

SMNR: Selected Topics in Admiralty and Maritime Law

Unique 29650
3 hours
  • B. Jackson
  • WED 3:45 – 5:35 pm JON 5.208
P/F Allowed (JD only)
Eval:
Paper
Spring 2023

Course Information

Course ID:
397S

Registration Information

  • Upperclass-only elective

Description

This writing seminar will examine selected topics of interest regarding all aspects of maritime law ranging from commercial law to "torts at sea." The field of maritime casualties and transactions involves issues ranging across much of the basic law school curriculum including civil procedure, comparitive law, conflicts of law, constitutional law, contracts, creditors' rights, environmental law, federal courts, insurance, international law, legislation, products liability, property, remedies, torts and workers' compensation.

In the early weeks of the semester students will be introduced to the broad legal background in this field. Thereafter emphasis will be placed on writing skills with maritime law as the subject matter. Guidance will be provided regarding topic selection - topics will be suggested, but students may select their own topic subject to approval. Subsequent sessions will consist largely of discussions of ongoing student research, draft paper review and their presentations of the results of their original research.

A traditional seminar paper will be required. During the semester students will present rough drafts of the paper for discussion, analysis and feed back. Class presentation of the paper will be an important aspect of the learning experience.

Although the seminar may be taken on a pass/fail basis, students in need of a required writing seminar will be assigned a letter grade based on the quality of the paper and participation in class.

Prior study or experience regarding maritime law will afford some advantage, but such is not a prerequisite.

SMNR: Social Media and Artificial Intelligence

Unique 30239
3 hours
  • J. Dzienkowski
  • MON 2:30 – 4:20 pm JON 6.257
P/F Not Allowed
Eval:
Paper
Spring 2026

Course Information

Course ID:
397S
Cross-listed with:
Other school

Registration Information

  • Upperclass-only elective

Description

Course content and description:This seminar will examine topics in the law of Social Media and Artificial Intelligence.  

Social media has revolutionized how we share, consume, and interact with all forms of digital content. These changes brought by social media touch on all aspects of our life—including our legal system. This course will discuss the spectrum of legal topics being impacted by social media: marketing, intellectual property, employment, privacy, free speech, and fund raising. You will also explore the role that lawyers in law firms and within organizations face when addressing these changes and the emerging risks. The objective of this seminar is to introduce students to the social media legal issues and the methods being used by attorneys to address these risks and how to identify the next area of social media that will challenge our existing legal norms. 

Artificial Intelligence is the use of machines to generate reasoning and problem solving, knowledge representation, and planning and decisionmaking. AI has been available in many forms for years but its use is becoming more commonplace in the practice of law. The delivery and use of AI presents many important legal and policy questions for society.

Prerequisites, co-requisites, and sequencing: None.

Course requirements: The goal of a seminar is to write a 30-35 page paper with over 120 footnotes and with over 30 sources in a topic related to social media or artificial intelligence. Students will need to find a topic within the first two weeks, prepare an outline, a first draft, and a final draft. In the last several classes, students will deliver a 20 minute presentation to the class. The paper will count 80%, the presentation will count 10%, and class participation (including attendance) will count 10%.

Materials: Two online books available for free on the Tarlton Library website. Additional materials will be posted on Canvas.

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