Course Schedule

Students, working pursuant to the clinical practice rule and under the supervision of CDC faculty, represent people charged with misdemeanors in Travis County.  Students function as lead counsel, working directly with clients to identify goals for the representation and to develop strategies in an effort to achieve the best possible outcome. Students maintain a primary role at all court appearances, whether those appearances involve negotiations, discussions with a judge, evidentiary hearings, or trial. Depending on the stage of assigned cases, other responsibilities often include investigation, discovery practice, and drafting of motions.  

Students may not be enrolled in another clinic while they are enrolled in the Criminal Defense Clinic. An application is required.

Mandatory extra class session on 

What is the DRC? 

Students in the Disability Rights Clinic (DRC) represent clients with disabilities in a variety of legal contexts.  In the fall semester of 2023, students will represent low-income parents of children with disabilities in cases brought against school districts that have violated state and federal special education and anti-discrimination laws. 

What kind of experience will I gain? 

DRC students draft civil complaints, develop expert testimony, mediate their cases, and try them when necessary.  Students work in teams on one to three cases, depending on their areas of interest, client need, and capacity. 

Will I work to resolve disputes?

Significant focus and attention is given to ADR in DRC. Students serve as lead student counsellors in formal mediation of their complaints before mediators on contract with the Texas Education Agency.  Through this model, students develop skills common to both litigation (drafting, discovery, witness prep) and transactional (negotiation, line-editing, creative problem-solving) practices.

Will I have much client contact? 

Yes!  Students practice the skills involved in building trust with their child clients and families through regular counselling by phone, zoom, and sometimes through in-person home visits. The DRC emphasizes the art of making the law accessible to nonlawyer parents and, where possible, their children.  

How does DRC get its clients?

Families needing DRC legal services are selected primarily through a medical-legal partnership with the Dell Children’s Medical Group and other state-wide partners.  Many of the children served live in under-resourced rural communities, and a majority are young children of color.  Some children are in foster care or have experienced housing instability, and a large number have been identified as having autism.

What kinds of situations do DRC clients confront?

DRC students have worked on cases in which educators have physically abused or neglected children with disabilities, put into segregated and locked education settings kids whose conduct was driven by unmet disability-related need, and failed to therapies and other critical related services necessary for kids' inclusion in school. Many of our cases have involved kids whose behavior has become challenging because of the lack of appropriate services, and some have involved contested hearings in the suspension and expulsion contexts.  

What are the course requirements?

The Disability Rights Clinic meets once per week for two hours. Grading is on a pass/fail basis for this four-credit hour clinic. There is no final exam or paper. Students should expect to spend 10-15 hours per week on clinic work, including class time. 

Roughly one-third of class time is devoted to understanding and discussing substantive education law and how it plays out "on the ground" in Texas school districts.  Additional class sessions are used to teach and practice specific skills involved in identifying and analyzing the strength and weakness of legal claims, drafting, working with experts, negotiating, conducting formal mediation, and putting on witnesses at hearing.  Each week, students deepen their understanding of special education law practice by presenting their case developments and giving feedback through case rounds.   

Students are encouraged to apply for the Clinic early as enrollment is limited and faculty permission is required to register. Students should submit an electronic application by the end of the application window. For more information, contact Professor Lucy Wood at lwood@law.utexas.edu or at (512) 626-2060.

Taught by Professor Lucy Wood 4 credits (pass/fail) — offered Fall and Spring The clinic is open to students who have completed their first two semesters.

Who should take this clinic?

Students who want to gain experience in litigation and/or mediation, and those who would like to go on to represent children or people with disabilities in either a pro bono or public interest practice, should consider this clinic.  DRC partners with it several of its graduates in Big Law to broaden its reach. Graduates of DRC have worked in large law firms supporting special education work as a pro bono focus, in mid-size firm practice representing school districts, as lawyers in nonprofit settings representing persons with disabilities, in juvenile and criminal defense work, and in governmental entities requiring expertise in education or disability law.  

 An application is required.

Taught in the Spring by Frances Leos Martinez, Clinic Director, Heather Way and Miriam Khalifa, Clinical Professors. The Clinic is open to students who have completed their first two semesters. 6 credits (pass/fail) — offered in the Fall and Spring.

The Entrepreneurship and Community Development Clinic provides students with a unique opportunity to develop business law and problem-solving skills while representing clients operating community enterprises -- small businesses, entrepreneurs, creatives, nonprofit organizations, and community groups.

Students learn how to represent their clients on a broad variety of transactional business law matters. Typical legal matters include:

• assisting businesses with choice of entity decisions
• forming for-profit and nonprofit entities
• applying to the IRS for tax-exempt status
• drafting and negotiating contracts
• providing legal advice to nonprofit boards of directors and staff
• drafting lending and real estate documents
• assisting with intellectual property matters
• assisting with personnel policies

Clinic students learn how to represent their clients through clinic classes, in-person teamwork, weekly team meetings with their clinic supervisor, and research and initiative on their cases. The Clinic classes emphasize the applicable substantive law; the larger social and theoretical context of the Clinic’s work; and the development of practical lawyering skills including interviewing, counseling, negotiating, contract drafting, and public speaking.  

The Clinic class meets on Monday afternoons 2:30-4:30 pm. Four classes will run to 5:30 pm. There is a mandatory orientation class on the first Friday of the semester, from 1:00-4:30 pm. In addition to class, students are required to keep a weekly schedule of 8 in-clinic office hours, over the course of three days from Monday through Friday, between 8:00 am-5:00 pm. The Clinic is a significant time commitment. Students are expected to devote an average of 16-19 hours a week to the Clinic, including class time and clinic case work. Attendance is required at the orientation and all classes and case rounds. Students should also note that teamwork is a key component of clinic case work. Students will be assigned to a team partner with whom they will work during the semester.

Clinic casework is conducted in teams and students will be assigned to the same team for the semester.

Enrollment is by application only. Students are encouraged to apply for the Clinic during early registration as the Clinic fills up quickly. Students may request to be placed on a waiting list if space is unavailable during registration. Grading is on a pass/fail basis for this six-credit hour clinic. 

There are no prerequisites for this clinic, although a background in business law (such as business associations, real estate, or tax law) will come in handy.

An application is required. For additional information, you may contact the Clinic Director Frances Leos Martinez (fmartinez@law.utexas.edu, 512-232-1222), or the Clinic Program Coordinator (ecdc@law.utexas.edu).

ENVIRONMENTAL CLINIC – 6 credits, pass/fail (application required)

Students in the Environmental Clinic work with non governmental organizations and underserved communities throughout Texas to advocate for solutions to today’s pressing environmental problems, including environmental injustice and climate change.  Students in the Clinic learn to think creatively about how to use the law to protect and improve environmental quality and public health. 

Students work on cases in teams, under the supervision of clinic faculty, and should expect to spend approximately 12 hours per week working on clinic cases. Recent clinic projects have included:

• civil rights complaints,
• environmental enforcement in federal courts,
• work to ensure access to clean drinking water
• permitting and rulemaking proceedings before courts and administrative agencies,
• nuisance actions,
• community education,
• pollution monitoring, and
• environmental policy research.

Through their work on cases, students in the Clinic have gained practical experience with factual investigation and analysis, community education, administrative research and advocacy before regulatory agencies, and legal drafting and litigation support.

Students also participate in a weekly two-hour seminar in which you will gain practice navigating environmental statutes and rules and discuss environmental laws, environmental justice, the role of lawyers in social movements, and the efficacy of current laws for protecting health and the environment.  

The Clinic is open to students who have completed their first two semesters. There is no prerequisite for the clinic. 

An application is required.

For additional information regarding the clinic, contact Clinic Director Kelly Haragan (kharagan@law.utexas.edu, 512-232-2654) or Clinic Administrator Rita Stramel (environmentalclinic@law.utexas.edu).

This is a four-credit hour clinic. It is offered only in the spring. Students in this clinic represent low-income families on their housing-related legal problems. 

The primary focus of the work is helping clients to avoid homelessness and to obtain affordable housing. Students represent clients on a myriad of issues related to low-income housing programs. The work includes representing clients in threatened evictions, rent issues, threatened section 8 voucher terminations, and on denials of public housing, subsidized housing, and section 8 voucher housing. The work is especially interesting not only because of the compelling needs of the clients and the often egregious actions of the adverse party, but because of the intersection of federal housing law and federal regulations, state landlord-tenant law and contract law. Moreover, many clients are persons with mental disabilities; representation requires use of the Fair Housing Act and the reasonable accommodation provision -- an area of the law that is rapidly evolving.

Two examples of cases from recent clinics: (1) One student represented a public housing client who had been on the waiting list for a section 8 housing voucher for over four years but consistently passed over because she resided in public housing. Congress has prohibited public housing authorities from penalizing families applying for a voucher because they live in public housing. The student wrote the housing authority demanding a change in the policy and threatening suit. The housing authority changed its policy -- benefiting a number of public housing families. The client was subsequently awarded a voucher. (2) Another student represented a client who had been denied a subsidized apartment on the basis of a sixteen-year old drug conviction. The student wrote a demand letter to the owner’s attorney. The attorney responded defending the owner’s policy and rejecting the efforts to resolve the case. The student drafted a lawsuit petition and filed suit before the clinic term ended. The suit subsequently settled with the landlord changing its policies and adopting reasonable criminal history “look-back periods.” These are but two examples. Other students have defended evictions, represented clients in section 8 voucher termination cases, challenged rent calculations by subsidized owners and public housing authorities, filed bill of review lawsuits challenging eviction judgments, and drafted real estate documents clearing title to property for low-income homeowners. The work is fast-paced and challenging, with a great deal of client and opposing party interaction. Most cases are completed during the semester, allowing the student to see the case from beginning to end.

A weekly class is held at the offices of Texas RioGrande Legal Aid. Students must also spend a minimum of eight hours a week working on their clients’ cases at Legal Aid. Those hours must be spread over two or (preferably) three different days during the week. Cases are reviewed and discussed in class. Classroom lectures focus on tenant rights under federal housing programs and Texas landlord-tenant statutes. Significant classroom time is also spent on how to represent clients with the highest possible quality and ethics. All credit is awarded on the pass/fail basis. Participants must have completed at least forty-three semester hours in law. Students register for Law 497C by filling out an application. The application and instructions on how to apply for this clinic can be accessed on the web.

The Human Rights Clinic works to promote and protect human rights in Texas and around the world.

Through supervised practice, students learn the responsibilities and skills of human rights lawyering and advocacy. Mirroring the approach of practicing advocates, students work in small project teams, developing lawyering, advocacy and ethical skills and receiving intensive mentoring and feedback.

The Human Rights Clinic’s practice spans a wide range of issues, including sexual and reproductive rights; human rights and the environment; U.N. treaty bodies and special procedures; and many more. All the cases and projects involve research, writing, and an opportunity to discuss the strategies used by human rights advocates.

The cases and projects provide the students an opportunity to gain practical skills in partnering with other students, institutions, and organizations, thus forming a team of advocates. Finally, all the projects and cases allow a multidisciplinary approach and permit working across disciplines and use the perspectives of different fields to enhance the overall theoretical framework. Routinely the Clinic admits non-Law students.

The Clinic employs a variety of lawyering methods that are tailored to the needs of each project. These include: documentation and reporting; international litigation; advocacy. The clinic meets two times per week. Classroom lectures and discussion focus on substantive human rights law, client interviewing, case and project preparation and strategy and review of ongoing cases and projects. In addition to the classroom component, students should expect to spend 15–20 hours per week on clinic work. The weekly workload varies substantially, depending upon the stage of each project or case.

Clinic work may include some travel. Preference is given to students who have taken a human rights course or who have other human rights or public interest experience. 

An application is required.

Students in the Immigration Clinic represent vulnerable low-income immigrants from around the world before the immigration and federal courts and the Department of Homeland Security (DHS). Students gain hands-on experience by taking on the primary responsibility and decision-making authority for their cases under the mentorship of the Clinic faculty. The Clinic’s caseload varies each semester but focuses on deportation defense and asylum claims, including for detained persons. The Clinic has handled cases for clients from, among other countries, Afghanistan, Colombia, Honduras, Guatemala, El Salvador, Eritrea, Mexico, and Pakistan. The Clinic represents clients of all ages, including unaccompanied children and families. Students also engage in national and international advocacy projects to improve the rights of immigrants in the United States. Through client representation and advocacy as well as the classroom component of the Clinic, students learn substantive immigration law, develop client relationship skills, and practice a variety of legal advocacy skills and techniques. The Clinic allows students to explore different models for effective and collaborative lawyering, including interdisciplinary practice with social work student interns and expert witnesses from medical, social science, and mental health backgrounds.

Immigration Clinic students work on their cases collaboratively in teams. The Immigration Clinic meets for class two times per week for an hour and a half. As an orientation, the first two classes of the semester are extended (an additional hour), and an extra session is held on Wednesday evening during the first week of classes (1.5 hours). Grading is on a pass/fail basis for this six-credit hour clinic. There is no final exam or paper; instead, students receive feedback throughout the semester from faculty and peers and conduct a self-evaluation at the end of the semester that is discussed with faculty. Students should expect to spend approximately 20 hours per week on Clinic work, including class time and office hours in the Clinic suite. Work on cases and projects may be required over breaks (Thanksgiving or Spring Break). Participation in the Clinic is generally not compatible with participation in moot court or other competitions that require travel during the semester, and personal travel may need to be limited in light of case and project obligations.  Students will occasionally travel to area immigration detention facilities and to San Antonio where the Immigration Court and DHS offices are located, sometimes including early morning departures and unavoidable absence from other classes.

An application is required, and students are encouraged to apply for the Clinic during the early registration window as enrollment is limited. For more information about the Immigration Clinic, contact Denise Gilman (dgilman@law.utexas.edu) or Elissa Steglich (esteglich@law.utexas.edu). 

JUVENILE JUSTICE CLINIC This program offers litigation experience while exposing students to the operations of the juvenile justice system, by placing them as student attorneys with the Travis County Juvenile Public Defender. Clients are indigent juveniles, aged 10 to 17, who are charged with criminal offenses ranging from Class B misdemeanors to first degree felonies. Student attorneys are assigned a caseload (four open cases at all times and approximately 8-10 cases per semester) for which they have primary responsibility under the supervision of an attorney in the public defender's office. The student attorneys perform all investigation, interview, discovery, plea bargain and litigation functions on their cases.

Student attorneys will likely set hearings for plea adjudications/dispositions on Tuesdays (am or pm), Thursdays (am) and possibly Wednesday as needed with some ability to request specific settings on other days. Contested hearings are usually scheduled for Monday or Tuesday afternoon or Friday morning. The more flexible the student's schedule is the more opportunity for handling a variety of cases within the court’s scheduling of cases. Please take this into account when scheduling other classes and contact Pam Sigman if you have questions about your schedule. Approximately 15 plus hours per week will be required for working cases and for participating in the classroom component. The class usually meets on Tuesdays (all semester) and Thursdays (first half of the semester).

Each Monday (1:00 pm), Wednesday (1:00 pm) and Friday (9 am), Travis County Juvenile Court holds detention hearings to determine if juveniles who are being detained should be released. A public defender is present to provide representation for each juvenile who has a hearing that day. Student attorneys will each take responsibility as the public defender for three days of the semester. You will sign up for specific dates. This teaches students to develop and handle new cases in a very short time, and to think and act quickly in court.

Each student will complete a mock hearing exercise that is recorded and held in the Eidman Courtroom. The exercise teaches the student to prepare for argument and examination of witnesses in the context of a hearing to suppress illegally seized evidence. The mock hearing occurs outside of the regular class meeting.

During the first month of the semester, the class has meetings on Fridays for tours usually between 10-1 on the 2nd and 3rd Fridays of the semester. The class travels outside of Austin to tour a Texas Juvenile Justice Department facility and meets with juveniles who have been sentenced to TJJD (this is usually 8-3 on a Friday about the 4th or 5th week). Please try and keep your Fridays open for the first 4-5 weeks of the semester. If you have a Friday class conflict or other commitment, we can accommodate some situations with alternative assignments/dates. Contact Pam Sigman if you have questions about your schedule

Additionally, the class speaks to seventh grade students at a local middle school in April about constitutional rights/protections and the consequences of violating the law.

All credit is awarded on the pass/fail basis (six hours). The Clinic is open to students who have completed their first two semesters.

The Juvenile Justice Clinic provides a meaningful opportunity for students to learn juvenile law, interact with clients, advocate for your clients in court proceedings, and participate in educating children about the law. Please feel free to contact Pam Sigman if you have any questions.

Pam Sigman, Director 512-619-3222

Students in the Law & Religion Clinic represent vulnerable individuals and groups of all faiths who face challenges to their religious liberty. This will involve a diverse array of clients, including, among others: prisoners, mosques, students, employees, churches, teachers, faith-based schools, sanctuary churches, synagogues, and immigrants. Students can expect to work on cases involving the Free Exercise Clause, the Establishment Clause, similar state constitutional provisions, the Religious Freedom Restoration Act, its state equivalents, antidiscrimination statutes, Title VII, and the Religious Land Use and Institutionalized Persons Act. Under the direction of clinic faculty, students will have the opportunity to be first chair on some matters or serve as co-counsel with various civil rights organizations and law firms on others. 

Through that work, they will develop lawyering skills they can apply in nearly any type of legal practice they pursue, including analyzing potential cases, client interviewing, fact investigation, representing and advising organizations, negotiation, drafting pleadings, dealing with opposing counsel, discovery and depositions, trial advocacy, and appellate work.

Students will work on cases in teams and will meet with Professors Greil and Collis as a group multiple times a week: to discuss their cases and in a classroom seminar where they will learn the substance and complexities of religion law (this will include some readings from a packet of key material). They will also have one-on-one sessions with the Professors to discuss how their lawyering skills are progressing and to counsel on other issues. The Clinic encourages students from all backgrounds, ideologies, religions, and beliefs to join.  

The clinic is offered in the fall and spring, for six (6) credits, pass/fail. The Clinic is open to students who have completed their first two semesters. You can find a broader description of the clinic and the Bech-Loughlin First Amendment Center at https://law.utexas.edu/first-amendment-center/.

There are no prerequisites for this clinic. An application is required.

SUPREME COURT CLINIC IS A 6-CREDIT COURSE that provides students the opportunity to work on cases pending before the United States Supreme Court. Students will be assigned to represent actual clients that are before the Court as petitioners (those seeking review of adverse lower-court decisions), respondents (those defending favorable lower-court decisions), or amici curiae (those participating in other parties' cases because their interests could be affected by the Court's decision). Cases may be at either the certiorari or the merits stage and may be in almost any substantive area of law. Clinic cases may involve a wide range of issues, including federal statutory issues and constitutional issues.

As part of their Clinic work, students will learn about Supreme Court procedures and the strategic considerations relevant in Supreme Court practice. Students will evaluate their clients' substantive positions, research the relevant issues, participate in strategic planning, and help draft the briefs or other documents to be filed with the Court. They also will participate in identifying potential cases for the Clinic to handle. And they may have the opportunity to moot advocates scheduled to argue before the Court.  Students will work closely with other students, and under the supervision of experienced members of the Supreme Court bar (who will assume final responsibility for all documents filed with the Court). 

An application is required.

The TRANSNATIONAL WORKER RIGHTS CLINIC IS A 6-HR. CLINIC. Students in this clinic will represent low-income transnational migrant workers, who labor in Texas, in legal actions to recover unpaid wages for work they have performed, to combat workplace discrimination, and to enforce other basic employment rights. Students may also engage in related advocacy projects asserting the rights of low-wage workers – especially their right to access the U.S. justice system to fully enforce their employment rights, regardless of their citizenship or immigration status. The clinic gives students hands-on experience with civil litigation, basic employment law, public interest practice, and the evolving fields of immigrant employment rights and transnational migrant worker rights. The clinic seeks to enforce and understand employment rights of transnational workers working in Texas as an example of advocacy for the labor and human rights of immigrants and low-wage working people around the globe. Clinic students will serve as primary legal counsel representing immigrant and low-wage working people in federal and state employment litigation and administrative actions. Students will get the experience of working inside an independent public interest law firm and will be supervised and mentored by several of the nation's leading low-wage employment lawyers.

Depending on the requirements and the current litigation stage of each case, students will variously: interview and advise clients; investigate cases and develop legal action strategies; initiate and manage active litigation; negotiate with opposing employers and their lawyers; prepare litigation documents in the student's cases including pleadings, motions, and briefs; conduct discovery in the student's cases including written discovery and the taking of depositions; research legal issues; develop damages calculations; represent clients in hearings, court proceedings, and mediation; and negotiate and manage the final legal settlement or recovery of damages in the case. The clinic's legal advocacy is based on a community-lawyering model which seeks to accomplish more than just winning individual cases; the clinic also aims to promote systemic reforms that make the justice system more fair for transnational workers and to empower clients with the knowledge, skills, and collective capacity through which they can advance their own employment rights. In addition, the clinic seeks to ground each student's particular casework within the dynamic, emerging field of transnational labor rights advocacy.

Bill Beardall, the clinic director, is a graduate of Harvard Law School, the Executive Director of the Equal Justice Center, the former Director of the Migrant Worker Division of Texas RioGrande Legal Aid, and a nationally recognized expert on low-wage employment rights. He has more than four decades of experience representing migrant workers and mentoring young employment litigation lawyers.

The TWR Clinic is conducted in partnership with the Equal Justice Center (EJC), a non-profit public-interest law firm, based in Austin, Houston, and San Antonio.  The EJC is the leading law firm in Texas specialized in advocating for the rights of low-wage workers. Clinic students get the opportunity to work closely with a variety of EJC lawyers, who are among Texas' leading employment attorneys. In this clinic, students devote the bulk of their clinic hours each week to handling active cases for real clients. This case work includes regularly scheduled office hours at the nearby Equal Justice Center office; regularly scheduled remote office hours in the EJC's robust remote law practice during periods of pandemic shutdown; regular case reviews with supervising attorneys; and essential conferences with clients. During the first week of the course, before starting their casework assignments, students will receive an intensive classroom orientation on low-wage employment litigation practice. 

Normally the law practice of this clinic occurs off-campus in the law offices of the Equal Justice Center. However, like many law offices, the EJC has been largely closed to in-person staff and public operations, since spring 2020, due to the pandemic. Nevertheless the EJC law practice and the TWR Clinic law practice have been gradually and deliberately reopening to in-person operations by appointment and by modified office hours. Equally important, the EJC learned from the pandemic how to operate dynamically and successfully as a cyber-practice utilizing innovative electronic law practice methods. Moreover, most other law offices and the entire civil justice system are undergoing a similar transformation. Reflecting this broader transformation across the profession, the EJC and TWR Clinic currently operate as a hybrid in-person/remote law practice, which continues to evolve along with the norms in civil justice system. One salutary effect of the EJC's adaptation to cyber law practice methods has been that TWR Clinic law students are getting an opportunity to learn - along with the rest of the legal profession - the new art of hybrid in-person/remote law practice and litigation. Thus, while the 2023 spring semester clinic law practice is expected to be conducted largely in-person, it has become clear that the judicial system and legal profession are permanently adopting many new and more efficient, remote electronic operations and methods. These remote law practice methods will put to full and effective use by the EJC and the TWR Clinic, giving clinic students an opportunity to learn these pioneering remote electronic techniques and systems. As a result, TWR Clinic students will gain experience preparing them to take their place among the first generation of lawyers adeptly utilizing a new range of remote cyber-law-practice methods.

Throughout the semester, the students' principal casework will be complemented with a regular classroom session that meets once a week for approximately two hours. The classroom sessions will explore various deeper aspects of employment law, rights of immigrant workers, effective litigation practice, and special topics in employment law practice for immigrant and low-wage workers. Classroom instruction will address the challenges of adapting U.S. law and legal practice to our increasingly transnational labor market. Subtopics include: U.S. labor and immigration policy; wage laws, employment laws, and contract law as they affect transnational workers; the tension between immigration laws and labor rights; rights of transnational "guest workers"; civil litigation and representation skills specific to transnational worker cases; employment law practice as viewed from the perspective of lawyers for employee-plaintiffs, lawyers for employer-defendants, and employment lawyers representing government agencies; ethical issues in employment rights representation; and evolving mechanisms for the enforcement of worker rights, regardless of immigration status.

The clinic is open to students who have completed the first year of law school. While there are no prerequisites, students will benefit from previous course work or experience relating to contract law, civil procedure, labor and employment law, immigration law, international law, human rights law, low-wage working people, migrant workers or immigrant communities, and experience related to Latin American communities.

While Clinic clients include U.S. citizens and immigrants from a wide array of continents and countries, a majority of clients are Spanish-speakers from a variety of Latin American countries. Spanish proficiency accordingly is very useful, but is not in any way required.

Questions about the clinic may be directed to Bill Beardall at bbeardall@law.utexas.edu. Please put "Worker Rights Clinic" in the subject line of any communication.

Overview:  A nationally known, plaintiff’s commercial trial lawyer will provide students with an introduction to complex financial litigation, including claims arising out of financial fraud, Ponzi schemes, business mismanagement, and fiduciary self-dealing. Students will study the common types of financial litigation that are pursued by equity holders, creditors, and other victims of financial wrongdoing as well as litigation professionals, such as bankruptcy trustees, receivers, and foreign liquidators against fiduciaries (e.g., directors and officers), professional services firms (e.g., law firms and accounting firms), banks, and other participants in financial transactions.

Although the course will focus on the plaintiff’s side of financial litigation, it will also cover common defenses and the strategies that defendants often utilize in such litigation. Students will review actual complaints and study real cases.  Students will have to think strategically through real-world fact patterns, consider potential claims and defenses, develop litigation strategies, and learn how to think like practicing lawyers. In doing so, students will draw on the knowledge they have learned in a variety of other classes, including contracts, torts, civil procedure, business associations, bankruptcy, and remedies.

Grading: Each student will be graded their written work product, which will include claims analysis.

Course Materials: Course materials will be provided via Canvas.  There is no textbook.

This course will cover the history and the judicial interpretation of the First Amendment's free speech clause.  Coverage of modern judicial interpretation will be topical rather than chronological. Subjects will include subversive advocacy, prior restraints, tort law and the First Amendment, offensive speech, symbolic dissent, freedom not to speak, the government as employer, the government's management of public property, access to the mass media, campaign finance, obscenity, and commercial speech. Readings, particularly for the historical portion of the course, will consist of secondary sources as well as legal decisions. NO PREREQUISITES.

Origins of the Federal Constitution presents an intensive introduction to the historical sources of the Constitution. By reference to original source documents, the class considers the common law and other influences on early American government and justice, such as Locke, Montesquieu, and Blackstone’s Commentaries; the colonial experience leading to and immediately following the American Revolution; documents and debate directly relevant to formation of individual constitutional provisions and amendments; and the initial experience and understanding of the Constitution, through to Story’s Commentaries, in addition to later amendments. The class will also consider the influence and use of this material on modern interpretation of the Constitution.

A coursepack of original documents will be provided to you at no cost. These have largely been selected and edited from The Founders’ Constitution, edited by Philip B. Kurland and Ralph Lerner (University of Chicago Press 1987).

This course will explore constitutional issues surrounding claims of race and sex discrimination. The course is historical, covering antebellum, Civil War, and post-Fourteenth Amendment controversies. We will examine race and sex in several contexts (e.g., segregation, military policy, education, affirmative action) and consider a broad range of theoretical approaches. The course is designed to provide a close understanding of both historical and contemporary analyses. The materials on race occupy approximately two-thirds of the overall course. Prerequisite: Con Law I.

The course will deal with the post-Court-packing Supreme Court, across the total range of constitutional issues, right up to the present. The focus will be less on doctrine and more on how the Surpeme Court fits within the political sphere. As such it will look more like a political science course and there will be no casebook. Instead four books on the Court will be used, two by Lucas A. Powe, Jr., (The Supreme Court and the American Elite; The Warren Court and American Politics) and one by Joan Biskupic, Nine Black Robes.

Federalism is a contient aspect of American constitutionalism.  That being said, it is also important to recognize that literally from the very beginning of the constitutional republic in 1789, the operative meaning of "American federalism" has always been a source of contention, which, of course, became bitter enough by 1860 to trigger secession and a subsequent war that killed approximatly 750,000 combatants (who may or may not be identified as "Americans").  So we will be looking at a lot of the "theoretical" issues surrounding federalism, beginning with the possible meanings of "We the People" that purported "ordain" the new polity.  Is there one singular "American people" (and, if so, who is contained within it?), or is the "united States" (as some copies of the Declaration of Independence spelled the name of the new country) composed of the uneasy joinder of distinctly separate "peoples" living in the different states? The first Supreme Court case we will read--and ponder for at least a full class--will be beginning Chisholm v. Georgia (1793), concerning so called "sovereign immunity" of states from being sued in federal courts.  We'll also be reading the Kentucky and Virgninia Resolutions of 1798-99 and their particular take on the basis of the Union, including the possibilities of "nullification" and even, perhaps, secession.  But, obviously, these "theoretical" issues are complemented by extremely "practical" concerns.  How should one respond to states that attempt to secede; and even after secession is subdued (by force), what might "reconstruction" of a federal union might mean, in both theory and in practice?  Moreover, it will be helpful, in understanding "American federalism," to pay at least limited attention to other forms of federalism around the world.  Should, for example, all sub-national units be viewed as "equal" (symmetcial federalism), or is it both necessary and proper to recognize that some such units are so substantially different from others, as with, for example, language or concentration of natural resources, that it is legitimate to adopt "asymmetical federalism."  

We will pay suitable attention to classic Supreme Court cases and to more recent articlations by the Court as to the complexities generated by subnational-states in a Union.  But "suitable" does not mean exclusive. And, of course, Supreme Court decisions must always be understood in terms of their wider political and historical contexts.  

Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.

This is the basic course in contract law.  Topics include formation and modification of contracts, the need for a writing (Statute of Frauds), contract interpretation, excuses for non-performance, breach of contract, and remedies for breach.  Alternative theories of recovery, like reliance and restitution, are also covered.  Unlike other 1L Contracts classes at UT, this class addresses sales of goods under Article 2 of the Uniform Commercial Code as well as common law contracts.   

An introductory course on the law of contracts. This course takes up basic questions about the common law principles governing the formation, interpretation, performance, and enforcement of contracts, as well as the basic remedies for their breach.

The Preface to the casebook notes that the “lines between law and business are increasingly vanishing. Corporate leaders routinely ask their lawyers for business advice . . .” This course is designed to provide the legal and related business background to respond to such questions as:

How can, or should, a firm obtain financing at different stages in its life, and what laws, regulations and evolving market practices affect the answers to that question?

When and in what form should investors anticipate returns?

How might some participants in the firm’s ecosystem—“stakeholders”—be affected by any given strategy?

Such questions occupy the heart of this field; the course aims to address issues at the intersection of law and business. Again from the Preface: “In many respects, this class can be considered a continuation of the foundational course in business associations. But fundamentally, this class is about deals,” their structure and their legal attributes and consequences. It will be assumed that students have some familiarity with the time value of money and related concepts through their prior experience, the Short Course in Financial Methods for Lawyers, or the equivalent. (If there are doubts, please contact the Professor at: simon.lorne@law.utexas.edu .)

The first objective of the course will be to help prepare future corporate and non-profit Directors to fulfill their fiduciary duties of care and loyalty to the organizations that they will serve. We will do this by examining a wide variety of issues that Directors must deal with on a regular basis. These include balancing efforts between establishing quarterly and yearly performance targets and building strong companies that can sustain above-market financial performance in the future. Directors must also manage business and political relationships, initiate and integrate acquisitions, create/change corporate culture, continually align the organization structure to the business strategy, allocate resources for a variety of corporate initiatives, deal with issues of corporate governance, succession planning, executive compensation, and learn to navigate through potential public relations disasters. We will examine as many of these topics as time permits.

The second objective of this course will be to understand the nature and scope of corporate Boards from the perspective of society, social and economic interest and what can be done to prevent some of the more publicized corporate governance failures. We will examine several of the more highly publicized corporate failures as well as what action Congress has taken to address corporate malfeasance, and the recommendations that have been made by social critics. The course is directed primarily at graduate business students and law students who expect to serve either as advisors to Boards of Directors or on Boards of Directors of public companies or non-profit organizations. While most of the course will focus on established public companies, much of the course content will be useful to those individuals who are primarily interested in entrepreneurial organizations, family corporations, or public sector non-profit entities. This course will have three distinct instructional formats. Professor Cunningham will lecture to the class to help provide all of the students with a fundamental knowledge of how Boards of Directors function in both for-profit and not-for-profit organizations. He will also focus on the different roles the Boards play in both large and small organizations.

The third format of the class will be to invite guest speakers to address the students who are involved in a wide variety of real world governance issues. The guests will be encouraged to provide ample opportunity for questions during their presentations. The individuals that will be invited to speak to the class will include a mix of entrepreneurs, senior executives from major corporations, directors of public and private entities, politicians, leaders of non-profit entities, corporate lawyers and partners of major accounting firms.

Data, and the analysis of that data, has always played an important role in many legal disputes.  With the exponential increase in data availability and the increased interest in data more generally, this role has increased and is likely to increase further.  As a result, it is incredibly important for lawyers to understand how data can be used in legal cases and, more importantly, to be aware of how it is often misused by lawyers, judges, and experts to suggest far greater certainty than proper analysis would suggest.  In this class, we will cover some of the most common ways in which data, probability, and statistics can be misunderstood, misused, and manipulated.  Through the use of examples from cases and legal debates, we will illustrate these mistakes, explain them, and learn how to ask the questions that will help uncover them.

This seminar focuses on the role of covert action in implementing U.S. foreign and national security policies.  Covert action is a unique mission assigned by executive order to the Central Intelligence Agency (CIA).  Since its founding in 1947, the CIA has undertaken covert activities intended to influence events abroad at the direction of U.S. presidents.  Covert action is often referred to as the “Third Option” between diplomacy and military action.  Through declassification of official records as well as unauthorized disclosures in books, newspapers, and electronic media, the details of many covert programs (principally, but not exclusively, from the Cold War period) are now available to study.  Indeed, many of the most consequential - - and controversial - - actions of the CIA and the presidents the CIA has served in its 70-year existence involved covert actions.            

Building on a foundational understanding of the Executive branch of government, the mechanisms available to develop and implement national security policies, and the capabilities of the CIA, this course will examine why presidents choose to implement their policies through covert means, what benefits and hazards accompany that choice, and the mixed historical record of U.S covert action programs.  In addition to evaluating why and how covert action is engaged as an instrument of U.S power, the course will review Executive and Legislative mechanisms for supervision and oversight of covert action operations, as well as the moral and ethical dilemmas encountered in such programs.  Through lectures, readings, and class discussions, students will become familiar with significant covert action activities in U.S. history.  The course will include at least one example of a covert influence program undertaken by a foreign government.            

In addition to traditional texts and journal articles, students will be exposed to primary public policy sources including statutes, executive orders, presidential directives, and declassified records  related to U.S. intelligence.  Intelligence and national security debates touching on covert action (…that are certain to arise during the semester) will be integrated into the class.  Students will be expected to post a comment on each week’s assigned readings prior to class, to join in class discussions on the readings, to review a book related to covert action that is not already on the syllabus, and to prepare a research paper that evaluates a historical covert action program not studied in class.  Toward the close of the semester, students will participate in a role-playing exercise centered on preparing a notional presidential order or “finding” authorizing a new covert program.  Seminar participants will have the opportunity to engage current and former senior intelligence officials who visit Austin (virtually, if not in-person) in connection with Intelligence Studies Project events.

The topic of covert action was for many decades impractical to approach in an appropriately factual, rigorous, and balanced manner because of the secrecy that surrounds these government programs. There is now a sufficiently rich factual record on which to debate and shape judgments about the legality, efficacy, and long-term impact of U.S. covert programs from the modern era.  Students will be exposed to many of these materials and invited to reach their own conclusions about this unique policy tool.

This seminar is not principally designed to develop the professional skills of participants, however, there will be several opportunities to conduct relevant research, draft reports, and make short oral presentations to the class.       

Texts/Readings (Illustrative only):

Christopher Andrew, For the President’s Eyes Only: Secret Intelligence and the American Presidency from Washington to Bush (1995)                        

John Prados, Safe for Democracy: the Secret Wars of the CIA (2006)

William Daugherty, Executive Secrets – Covert Action and the Presidency (2006)

Frances Stonor Saunders, the Cultural Cold War – the CIA and the World of Arts and Letters (2013)

Stephen Kinzer, All the Shah’s Men – An American Coup and the Roots of Middle East Terror (2008)

Steve Coll, Ghost Wars – the Secret History of the CIA, Afghanistan, and Bin Ladin, from the Soviet Invasion to September 10, 2001 (2004) 

Robert  Grenier, 88 Days to Kandahar  - A CIA Diary (2015) 

James M. Olsen, Fair Play - the Moral Dilemmas of Spying (2006)

Assignments:

Weekly comment on reading(s)  20%

Informed class/exercise participation  20%

Book review  20%

Research paper (12-15 pages)  40%

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.