Course Schedule

Students in the Civil Rights Clinic represent clients in civil rights matters. Such matters include police misconduct, jail mistreatment, housing justice, unlawful immigration detention, worker’s rights, and disability discrimination. Students work on cases and law reform advocacy projects with co-counsel from civil rights organizations and attorneys across the country, under the supervision of clinic faculty. Through clinic work, students hone lawyering skills, including fact investigation, drafting pleadings, discovery and depositions, legal research and writing, case development and selection, and client or witness interviewing. Students work on cases in teams, meeting with supervising clinic faculty on at least a weekly basis. Students also participate in a classroom seminar, in which students learn relevant substantive and procedural law, discuss the political and social contexts of civil rights cases, and think through how to resolve legal problems effectively and ethically. The seminar meets twice a week. The supervising Clinic faculty member is Clinical Professor Lia Sifuentes Davis. 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. Students should expect to devote an average of 10-12 hours per week for casework and seminar preparation. For more information, see https://law.utexas.edu/clinics/civil-rights/. An application is required.

Students, working pursuant to the clinical practice rule and under the supervision of CDC faculty, primarily represent people charged with misdemeanors in Travis County. Students function as lead counsel, working directly with clients to identify goals for the representation and develop strategies 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. In a new pilot project, students may also represent clients who face revocation of their parole. Students may not be enrolled in another clinic while they are enrolled in the CDC. An application is required. Additional mandatory, in-person sessions will occur on Friday, January 22, 2027, 12 – 6 pm and Saturday, January 23, 2027, 9 am – 6 pm.

DOMESTIC VIOLENCE CLINIC IS A 6-HR. CLINIC.  Grading is Pass/Fail.  The clinical component of this course will involve student representation of domestic violence survivors in a myriad of legal problems, including custody, divorce, visitation, housing, protective orders, parole advocacy and occasionally in consumer and public assistance matters. Students will also perform parole advocacy on behalf of survivors of domestic violence who are in prison due to their victimization as well as litigate in Travis County courts. Law students work alongside social work intern partners from the Steve Hicks School of Social Work to provide clients with holistic services for better outcomes.

The class sessions will cover the matters relevant in civil domestic violence cases: safety planning, comprehensive intake, case analysis and handling, investigation, negotiation, trial preparation, discovery, and temporary and permanent orders, including protective orders.   

In addition to regular class time, there are five additional mandatory time commitments for participation in the Domestic Violence Clinic:

1. Mandatory extra class session on Saturday, January 16 from 10:00 AM – 12:00 PM. You may not participate in the Clinic if you do not attend the extra class. 
2. A one-hour weekly meeting with the supervising attorney.
3. You will be scheduled for 4 hours per week office hours/phone duty at the Clinic.
4. You will be expected to document an average of eleven hours per week on your cases towards the hours required for clinic credit.
5. This is a litigation clinic, and you will be first chairing your cases. Court appearances may require that you miss class.

Due to these requirements, you may not take another clinic or internship at the same time that you take the Domestic Violence Clinic.  

Prerequisites: Students enrolling should not be on scholastic probation. An application is required.

The EMPLOYMENT RIGHTS CLINIC IS A 6-CREDIT HR. CLINIC. Students in this clinic will represent low-income 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. 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.

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 expert 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 Employment Rights Clinic is conducted in partnership with the Equal Justice Center (EJC), a nonprofit public-interest law firm, based in Austin, Houston, and San Antonio. The EJC is the leading law firm in Texas specializing in advocating for the rights of low-wage workers.

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 remote law practice; 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. 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 immigrant worker cases; employment law practice as viewed from the perspective of practicing lawyers; ethical issues in employment rights representation; and evolving mechanisms for the enforcement of worker rights.

The clinic is open to students who have completed the first year of law school. 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 Christopher Willett at christopher.willett@austin.utexas.edu. Please put "Employment Rights Clinic" in the subject line of any communication.

An application is required.

Taught in the Fall by Frances Leos Martinez, Clinic Director. 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 12:00-3:30 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 17-19 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 the priority deadline 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 clients to protect public health and the environment. Our clients include individuals, nonprofits, and local governments throughout Texas.

Students work in teams under the supervision of clinic faculty and should expect to spend approximately 12 hours per week working on clinic cases. Students must spend 6-8 hours per week working in the Clinic office. Past Clinic cases have involved environmental enforcement actions in federal court, permitting and rulemaking proceedings before administrative agencies, community education, pollution monitoring, civil rights complaints, and environmental policy research.

Through Clinic casework, students gain practical experience with factual investigation and analysis, administrative research and advocacy before regulatory agencies, and legal drafting and litigation support. The Clinic’s weekly two-hour seminar covers topics like working with community groups, navigating administrative law and agencies, and using permitting, rulemaking, and enforcement processes to improve environmental quality.

For Spring Semester 2027, there will be an all-Clinic hike on the greenbelt with breakfast tacos on the morning of Saturday, January 23rd.

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 Co-Director Erin Gaines (erin.gaines@law.utexas.edu) or Clinic Coordinator Cassadie Charlesworth (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 the clinic:

(1) A 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, and filed bill of review lawsuits challenging eviction judgments. 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 their first two semesters of law school. 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.

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 in length, 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 am - 1 pm 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 am - 3 pm 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 LITIGATION 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.

In this advanced property-law class, you will learn about eminent domain—the power of the government (and those with its delegated authority) to take private property and convert it into public use in exchange for paying just compensation to the property owner. Most lawyers get just one or two days of class about eminent domain in law school. This course aims to fix that shortcoming. The subject is fascinating as a matter of theory, as it deals with the power of a tribe (the community) to take property away from its members. And eminent domain is becoming more and more important in practice. Take Texas, for example. The Lone Star State is home to eight of the nation’s 15 fastest-growing cities and boasts five of the top 10 cities in the total number of new residents. The need for infrastructure has skyrocketed, both to accommodate the explosive population growth and to support Texas's ever-expanding oil-and-gas industry. In light of these developments, we as a community need to work out how to deal with growth while still honoring constitutional values and individual rights. Class discussions and reading assignments will explore whether the current eminent domain framework in the U.S. properly protects property owners and the public. The subject is generally divided into two interrelated parts: (1) the origins of eminent domain, public use, and public necessity and (2) “just compensation," including evidentiary and procedural issues that arise in disputes about compensation. Throughout, the class will explore the relationship between theory and practice.

This course will focus on the legal and policy issues relevant to conducting complex civil litigation, and in particular on the problem of adjudicating large numbers of closely related cases. One of the most important and controversial issues in civil procedure today is how to achieve the efficient and fair adjudication of large numbers of cases that arise from a common set of events or transactions and exhibit overlapping factual and legal issues. A number of procedural devices have been used for this purpose, including joinder, consolidation, class actions, multidistrict litigation, bellwether trials, case sampling, and bankruptcy. We will study all these devices, but we'll spend much of our time on class actions and multidistrict litigation (MDL). Specific topics to be covered include the requirements for class certification, judicial and attorney responsibilities in class litigation, appointment and compensation of lead lawyers, techniques for coordinating competing litigation in federal and state courts, case management techniques, and approaches to mass settlements. We will also examine the effect of recent Supreme Court decisions on the future of aggregate dispute resolution. 

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).

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.  

The course is an examination of the Constitution as a document of law, political theory, and politics. Focus is primarily on federalism, separation of powers, and some aspects of due process and equal protection. Much effort is put into helping students learn how to think about constitutional law as future lawyers and as citizens. It is taught largely with by the Socratic Method.

This course will introduce the three structural principles of the Constitution - federalism, checks and balances, and the separation of powers - as well as the individual rights the Constitution protects.

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.   

This is a class about promises, trust, cooperation, profit, risk, agreement, consent, scams, costly mistakes, miscommunication, cold feet, failed expectations, remorse, apologies, freedom, inequality, the English language, power, justice, the fallibility of human prediction, and the chaos of the world—all as they are mediated by a tool that courts recognize as “contracts."

We’ll approach contracts from the standpoint of clients, and we’ll learn contract law through the lenses of three main real-world contract questions that clients bring to attorneys: What do we have to do? How do we get out of doing it? And what if the other side won't do what they said they'd do?

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.

The course examines the taxation of corporations and their shareholders. Basic concepts of taxable income from the Federal Income Tax course are assumed to be already known by enrolled students, including basis, determination of gain and loss, capital gains and losses, and the treatment of nonrecognition transactions. Representative topics covered include entity classification as well as the tax treatment of the formation of a corporation, distributions to shareholders (including stock redemptions and partial liquidations), complete liquidations of corporations, taxable asset and stock acquisitions of corporations, and corporate reorganizations. Prereq: Law 293Q, 393Q, or 493Q (Federal Income Taxation).

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.

Course Overview

Few policy issues have had as big an impact on the Texas political or social landscape as criminal justice, and fewer still have such a hold on the popular imagination. Yet it is only in the last two decades or so that debate about criminal justice policy has started to take account of the financial and social costs of our state's incarceration policies. Time and again, public officials at all levels and in all branches of government find themselves confronting the thorny problems presented by the policy choices the state has made in the criminal justice arena, and by constantly shifting political winds.

This course will force us to go beyond the simplistic debates between "tough on crime" and "soft on crime" rhetoric, and confront the hard policy questions that mirror the daily challenges faced by policy-makers and public officials. For example, how can policy- makers safely and effectively downsize our massive prison system? What role does race play in the criminal justice system, and how should public officials take into account the impact of criminal justice practices on certain segments of the community and on families? How can legislators protect the public from people who have committed serious or violent crimes, especially while facing immense budget pressures? Should the pretrial bail system be based on a person’s risk or their ability to pay money bail? Should any limits be placed on judicial or prosecutorial discretion? When is it appropriate for a court to intervene to improve prison or jail conditions? What steps should policy-makers take to protect people in custody from unsafe conditions of confinement? What forms of external oversight should exist when it comes to prison operations? Are humane prisons possible?

Although the course will have a heavy focus on Texas' criminal justice policies and practices, we will often refer to the experiences of other states and other countries to examine a range of practices in this field and to explore alternative options for developing policy.

Learning Objectives

Students in this interdisciplinary seminar (cross-listed between the LBJ School and the Law School) will gain a firm understanding of the key criminal justice policy challenges facing public officials. Students will begin to appreciate the complexity of these issues; understand how both good and bad policies are developed; understand the financial and social costs of criminal justice policy decisions; recognize the extent to which criminal justice issues have an impact on almost every aspect of government; and explore the relationship between law, constitutional requirements, the administration of justice, and public policy. Students will also learn practical policy research and writing skills.

Course Materials, Outside Speakers, and Legislative Hearings

Each topic will be examined critically through a wide range of readings, including empirical studies, essays, books, statutes, legal cases, and official reports, as well as podcasts and videos. The reading load can be very heavy at times, but it is all interesting material. If possible, we will seek to visit prison and/or jail facilities to learn about life inside these facilities and hear from people with lived experience. We may have guest speakers such as national expert/advocates, prison agency officials, and people who were formerly incarcerated, all of whom have been deeply involved in policy-making or practice in this area. We will likely have an opportunity to observe relevant legislative hearings at the Texas Capitol as well as some archived videos of legislative hearings to observe the policy development process.

Course Requirements

This seminar is dependent upon an informed and lively discussion. Students are expected to attend all classes, do all the reading, and come to class with thoughtful comments or questions about their reading assignments. Class participation is critical and will be considered in grading. Students will be required to undertake an original research project on a topic of their choice and to write a 10-page issue brief about their topics. Additionally, students will write two policy memos on designated criminal justice issues. Students will also submit an ungraded reflection essay.

This is a device-free classroom—student are not permitted to use laptops or computers during classtime.