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 for a total of three hours. 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.

What is the DRC? 

Students in the Disability Rights Clinic (DRC) represent clients with disabilities in a variety of legal contexts.  Students 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.  

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.  

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.

 An application is required.

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 17, 2026 from 10:00 AM – 2:00 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 Spring by Frances Leos Martinez, Clinic Director, and Miriam Khalifa, Clinical Professor. 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 application window 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) 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, including underserved communities throughout Texas, to advocate for reduced pollution, cleanup of existing pollution, access to infrastructure (such as clean drinking water), and climate change adaptation.

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. Clinic students have worked on civil rights complaints, environmental enforcement actions in federal court, ensuring access to clean drinking water, permitting and rulemaking proceedings before administrative agencies, community education, pollution monitoring, and environmental policy research. Students gain practical experience with factual investigation and analysis, administrative research and advocacy before regulatory agencies, and legal drafting and litigation support.

The weekly two-hour seminar's topics include representing environmental clients, navigating administrative law and agencies, 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 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 (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 10-20 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.

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 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. 

This course will address the process by which constitutions are designed and the implications of the design choices made. The former raises extremely important issues of political theory (as well as practical politics). That is, how is that that some discreet set of people claim the authority to draft a constitution for the society at large. This is an especially pressing issue for anyone who takes the theory of "popular sovereignty" seriously. Who can legitimately claim to speak for "We the People"? As we will see, actual constitutions have been drafted by a myriad of different processes. Does process matter? For example, how important is popular "ratification, a very common part of the overall process in the contempoary world (but absent, notably, with regard to the United States Constitution proposed in 1787)? But then there is the second question of the actual importance of the design choices made by "framers," whoever they may have been. This part of the course will involve looking at materials drawn from political scientists as well as lawyeers. How important, if at all, is the choice of a "presidentialist" system insead of a "parliamentary" one? Are Bills of Rights ultimately the "parchment barriers" that Madison suggested they would be? The course will compare a variety of constitutions to one another. These will include looking at a number of other national constitutions, but also frequent reference to American state constitutions, which differ from one another and from the United States Constitution in a number of important and interesting ways. All students will be expected to become especially knowledgeable about a foreign constitution and about the constitution of their own state (that being Texas for anyone who is a foreign national). The final grade will be based on two papers written during the course of the semester (one before the spring break, the other afterward) responding to the assigned materials for a given class and subject, which will count for half the final grade, and then a two-hour in-room final examination at the end of the courses. If a student is at the cusp between two grades, then class participation will be used to decide whether to boost the final grade. A student can write a seminar paper in lieu of the final examination, though only with advance approval of the teachers.

Constitutions are about power, what it is to be used for, by whom, and according to what understandings and justifications. Constitutional conflicts concern the reach and limits of government power: state and local power versus federal power; legislative versus judicial power; public governmental power versus private liberty. Constitutional conflicts, at the same time, concern questions of interpretive authority. Who has the right to say what the Constitution means and demands? The courts? The federal or state lawmakers? The people themselves? Constitutions, also, are about political community. Who belongs, in the U.S. Constitution's words, to "We, the People"? Who counts as a full, rights-bearing citizen? And what are his or her rights? These are the main issues of constitutional history; no wonder its currents and conflicts have involved more than the courts. This course will weave together U.S. constitutional history in the courts with the history of constitutional conflicts in American politics, culture and society. At the same time, we will explore the uses of history in constitutional interpretation. What kind of authority should past generations’ constitutional understandings and commitments enjoy in today’s constitutional contests? What does it mean to be “faithful” to the Constitution as a centuries-old text and a centuries-long experiment in self-government? In what ways are we bound by the words and deeds of the past? In what we ways are we free to construct new constitutional meanings and principles? And what can we learn from the ways that past generations addressed these questions? This year, we will focus chiefly on the first century of American constitutional experience. We’ll examine the founding of the republic and the framing and Antebellum history of the Constitution as a great experiment in self-government. We’ll also study the same period as a great constitutional experiment in federalism - in creating and managing a union of states with profoundly different social orders, values and interests. One main theme will be the protracted conflicts and accommodations between North and South. The coming of the Civil War repays careful attention because it remains the most important constitutional crisis in our history. The War and its aftermath, the period known as Reconstruction, and the Civil War and Reconstruction Amendments (13th, 14th, and 15th Amendments), constituted a Second Founding, no less significant than the first. The authority of the national government over the states was transformed, and with it, the meaning of American democracy. From a slaveholding, racially exclusive republic, America reconstituted itself into a racially inclusive republic of equal citizens. We’ll study this Second Founding, then its unraveling in the constitutional law and politics of the late 19th century, and then its revival in the Civil Rights era of the mid-20th century. Prerequisite: U.S. Constitutional Law I.

This course explores the law governing politics and elections in the United States. We will examine a variety of topics, including: the Constitution and its protection of the right to vote, reapportionment, the Voting Rights Act, gerrymandering, the constitutional rights of political parties, campaign finance regulation, and election administration. We will also consider the relationship between these topics and partisanship. A serious interest in Constitutional Law is strongly recommended.

The course begins by developing my position on legitimate and valid legal argument in the United States. That position is based on (1) the postulate that to be morally legitimate the use of a legal argument must be consistent with the moral commitments of the society in which the legal argument is being made and (2) an "empirical" conclusion that the United States is a liberal, rights-based society (i.e., a society whose members and governments draw a strong distinction between moral-rights discourse and moral-ought discourse, are committed to moral-rights conclusions) trumping moral-ought conclusions when the two conclusions favor different outcomes, and derive their moral-rights conclusions from a basic commitment to treating all moral-rights- bearing entities for which they are responsible with appropriate, equal respect and concern. The combination of the above postulate and empirical finding lead me to conclude that (1) arguments derived from the liberal principle just articulated are not only inside the law but are the dominant mode of legitimate and valid legal argument in the United States (dominant in that they operate not only directly but also by determining the legitimacy, legitimate variant of, and legitimate weight to be given to the other modes of legal argument that are actually made in our society) and relatedly (2) there are internally-right answers to all legal-rights questions in our society. The second part of the course then explores a variety of moral-philosophical and jurisprudential alternatives to my own. The third part analyzes from my and various alternative moral and jurisprudential perspectives a variety of various judicial opinions that deal with these issues. The fourth part executes parallel analyses of a variety of "appropriate, equal concern"- real Constitutional Law issues and judicial opinions. I expect to focus particularly on affirmative action, the right to die, right to a liberal education, and the possible right to a minimum real income or minimum share of the societal-average minimum real income.

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.

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.

This is a class about promises, trust, cooperation, profit, risk, agreement, consent, scams, costly mistakes, miscommunication, cold feet, failed expectations, remorse, apologies, 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 course covers the basic elements of copyright law. Special emphasis will be put on the interaction of copyright law with various new technologies including the Internet. In addition to the relevant legal doctrines, the class will survey policy considerations and the normative justifications--economic and others--that underlie these doctrines.