Course Schedule

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.

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 decade 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.

Goals 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 a national expert/advocate, a prison agency official, and a person who was formerly incarcerated, all of whom have been deeply involved in policy-making or practice in this area. We also will watch some archived videos of relevant 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.

Use of AI to research or write any part of an assignment for this class is strictly prohibited.

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

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

This course explores constitutional limitations upon the investigation of crime. Its focus is on the law governing searches, seizures, and police interrogation. Topics include the nature of a fourth amendment search; arrest and investigative detention; warrants and exceptions to the warrant requirement; confessions; and the application of the exclusionary rule. Grades will be based upon a three-hour final examination.

This course deals with the judicial phase of the criminal justice process, from the decision to bring criminal charges through trial and sentencing. Along the way, it covers the charging decision, the grand jury, bail, pretrial detention, the right to a speedy trial, discovery, the right to an impartial trial, the right to effective assistance of counsel, plea bargaining, guilty pleas, and sentencing. Although the course will cover several statutory rights and selected provisions of the Federal Rules of Criminal Procedure, the major focus is on federal constitutional limitations on criminal procedure. This course satisfies the Con Law II requirement.

This class will introduce students to the intersection of blockchain technology, law, and policy. This entails a brief overview of blockchains and cryptocurrencies, as well as some of their most popular applications (DeFi, NFTs, etc) - students need not know anything about these technologies (or any technology) in advance. Students will also learn about: (1) the role of various regulators like the SEC and the Treasury Department, and how those regulators might think about cryptocurrencies; (2) the idea of code as a regulating force; and (3) the national security and foreign policy implications of cryptocurrencies. This class is designed to expose students to the breadth of issues coming out of blockchain technology, and will be focused on discussion rather than lecturing or presentations. 

Cryptocurrencies are eating the world. This course explores the evolving legal and regulatory landscape of blockchain, cryptocurrencies, and smart contracts. We will examine the potential of cryptocurrency technology to disrupt traditional financial systems and underlying regulatory regimes and legal doctrine that underpins capital markets today. The course will also weigh the considerations for new legal frameworks and policy considerations. Key topics include the decentralized nature of blockchain, the rise of cryptocurrencies as alternative stores of value, and the challenges of integrating such technologies into heavily regulated areas of payments and financial services. We will also address concerns surrounding market volatility, regulatory uncertainty, and the potential impact on traditional financial institutions and monetary policy.

Required Textbook:

Stabile, Daniel T., Kimberly A. Prior, and Andrew M. Hinkes. Digital Assets and Blockchain Technology: U.S. Law and Regulation. Edward Elgar Publishing, 2020.

The past two years have highlighted the growing cyber threat to entities of all types: corporations, hospitals, government institutions and small businesses, to name a few.  The day that attack comes is nothing short of a crisis, requiring all the right teams to assemble and navigate the obstacles such an attack may present.  Cyber response was once thought as the province of the information security department, but it has grown to include leaders from key departments such as law, human resources, public relations, business teams, compliance, risk, and privacy.  Additionally, vendors, such as a technical incident response firm and a crisis communications firm must be identified and engaged to help supplement existing resources.  This is the time for legal counsel to shine, as the lawyer's role is central to many of the most critical workstreams.    This practical skills course will provide an in-depth review of incident response and counsel's role.  Students will partake in a tabletop exercise to kick off the course and identify the areas of incident response.  Subsequent sessions will review each area through group discussions in a small-class setting.   Guest speakers will include seasoned incident response experts from the FBI or Secret Service, crisis communications firms and regulators.

This course will provide a glimpse into the fascinating but complicated realm of jurisdiction over criminal cases in "Indian Country." The course begins by providing an historical context from colonial times to passage of the Major Crimes Act of 1885. Then we consider the Code of Indian Offenses and other developments up to passage of Public Law 280 in 1953. With that background, the course explores recent developments including the U.S. Supreme Court decisions in McGirt v. Oklahoma, 591 U.S. 894 (2020), and Oklahoma v. Castro-Huerta, 597 U.S. 629 (2022), as well as the practical impact of enhancements to Indian Tribal Court criminal jurisdiction provided by amendments to the Violence Against Women Act.

This overview course will principally focus on the Americans with Disabilities Act (ADA), the most important federal law prohibiting discrimination against individuals with disabilities. We will discuss the ADA’s place in the disability-rights and disability-justice movements, and its analytical relationship with the Civil Rights Act of 1964 and with the antidiscrimination provisions in the Rehabilitation Act of 1973. We will also explore the Act’s definition of disability (including the subsequent ADA Amendments Act of 2008), and the provisions outlawing discrimination, and requiring accommodations, by employers (Title I), government services and programs (Title II), and private businesses (Title III). To sample the breadth of the ADA, we will discuss the Supreme Court’s Olmstead decision guaranteeing community integration, as well as the ADA’s application in the contexts of, e.g., education, housing, healthcare, the criminal legal and carceral systems, immigration, and technology.

This course will provide an in-depth examination of the battered women’s movement and its impact on the legal system’s response to domestic violence. We begin with law and the social context of battering, including how the experience of abuse and the response to abuse is shaped by race, cultural identity, economic status, sexual orientation, and disabilities. Criminal law aspects are addressed within the role of protective orders, prosecution, and defense (including self-defense for victims and ethical representation of batterers). We next view how civil family law recognizes domestic violence in custody, divorce, visitation, and child protection matters. Among other topics, the course will examine specialized areas of the law, which include tort liability for batterers and third parties (police, employers, etc.) and federal remedies under the Violence Against Women Act. The class will discuss emerging issues like violence against women as a human rights violation and evolving sexual assault laws to identify the challenges of theory vs. practice. The focus of the class is to examine current gaps and barriers in the legal response to intimate partner violence and propose systemic change through a social justice lens.

This unique 3-hour course explores the hottest topics in litigation today: electronic evidence and digital discovery (including emerging roles for AI). Evidence is information, and nearly all information is created, collected, communicated and stored electronically. Thus, the ability to identify, preserve, interpret, authenticate and challenge electronically stored information is a crucial litigation skill. This course seeks to reconcile the federal rules and e-discovery case law with the sources, forms and methods of information technology and computer forensics. Students will explore the roots of information technology, learn to "speak geek" see information with "new eyes" and acquire hands-on, practical training in finding electronic evidence, meeting preservation duties, guarding against spoliation, selecting forms of production, communicating and cooperating with opposing counsel and managing the volume and variety of digital evidence and metadata. You will use real world software tools and emerge with an understanding of the nuts and bolts of information technology and discovery, No prior background in law, computing or technology is required to succeed. Grading is based on six self-administered, timed closed-book quizzes via Canvas at roughly two week intervals and class participation. You must also submit written exercises on approximately a weekly basis. There is no midterm or final. Note: the course has been reconfigured for 2025 to scale back the workload and better accommodate competing demands on students' time. If you have questions about the course to decide if it's for you, I can be reached via email as craig@ball.net or by phone at 713-320-6066.

This course explores emerging issues in sexuality, gender identity, and the law. We will study and discuss the constitutional, statutory and common law doctrines that impact the lived experience of LGBTQ+ people and people living at the intersection of LGBTQ+ identities. We will examine the expansion and retraction of rights under substantive due process and equal protection frameworks, as well as under Title VII, the American with Disabilities Act, and other federal statutes.  The course will conclude with a mock litigation exercise.

Two top litigators teach practical skills and tips on everything from social media to managing massive discovery.  If it's new in litigation they know it. We will be discussing the use of technology in all aspects of litigation, including virtual trials and hearings.

Three key components of the class are;

• Cover various persuasive techniques used in contested matters, with an emphasis on real-world examples of effective advocacy;
• Using factual scenarios from actual cases, we will discuss the use of demonstratives and other methods of visual persuasion in contested matters;
• Each student will learn how to craft effective arguments and will be required to present them to the class as a whole.

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 explores the foundational pieces of employment law, including (1) Distinctions between “employees” and other types of workers, and why they matter; (2) The "default rule" of employment-at-will and the ways it can be modified; (3) The additional rights and responsibilities of government employees (e.g., free speech & due process rights, limitations on political rights); (4) Laws protecting employees from discrimination on the basis of protected characteristics (e.g., race, national origin, sex, sexual harassment, age, disability), and their enforcement schemes; (5) The Fair Labor Standards Act (FLSA) and its minimum wage & overtime premium protections; (6) A look at employees’ duties to their employers, including the duty of loyalty, duties involving trade secrets, and obligations not to compete.  It will also explore a host of contemporary employment law issues.   

This course examines in detail the regulatory regimes governing the sale and delivery of energy in American energy markets. Students will develop a working understanding of electricity and gas markets, how federal and state regulatory commissions regulate price and competition in those markets under the Federal Power Act, the Natural Gas Act, and analogous state laws. We will also address topical issues associated with the rapid technological and economic changes underway in the electricity and gas markets, including the effects of the rapid growth in renewable generation, disputes over the pricing and regulation of distributed energy resources (such as rooftop solar or demand response), the move toward increasing competition and market pricing, legal rules governing the siting of natural gas and electric transmission lines, and more. This class will be based in the Law School, but also open to students from the McCombs School, the Jackson School, and the LBJ School, and will mix traditional lecture and discussion with small group work in multidisciplinary teams. This is a companion course to (but not a prerequisite for) Energy Law: Regulating Energy Production.

The Energy Ventures Practicum is an opportunity for teams of law students, business students, policy students, and technologists to build up skills, capabilities and contacts to create a new venture in the energy sector. Objectives of the class are to provide a framework for commercializing innovations in the energy sector, and the tools that entrepreneurs need to frame and build businesses for this purpose.

Students must submit a complete application, attend an information session and be selected to participate in the Energy Ventures Practicum. Full course requirements and qualifications will be reviewed with students during information sessions offered before the registration period for each semester.

This is a full semester course that can only be taken for a grade. The course requires meeting during the scheduled class time and work to be conducted in between classes. For more information and details on this course, visit the website (https://www.mccombs.utexas.edu/centers-initiatives/brumley-institute/energy-ventures-practicum/).

Entertainment Law: Content Licensing is a course that explores the legal and business frameworks governing the licensing of creative works across film, television, music, publishing, gaming, and emerging digital platforms. Students will examine core contract structures, standard provisions, negotiation strategies, and risk allocation in licensing transactions, with attention to both traditional and cutting-edge issues such as evolving standards of fair use, streaming, and "open-source" licensing and content licensing in the age of AI. Through case studies, drafting exercises, and class discussion, the course emphasizes practical skills and critical thinking necessary for advising clients in an evolving entertainment marketplace.

The ETA & Search Fund Practicum is designed for graduate students interested in pursuing a path of Entrepreneurship Through Acquisition (ETA). The course will utilize a combination of lectures, in-class exercises, guest speakers, case studies, and interactive evaluation of real acquisition opportunities. Students will gain experience formulating an investment thesis, engaging in deal sourcing, conducting due diligence, and building requisite financial models. The intended goal of the course is to provide students with both the knowledge and practical experience needed to embark on a successful acquisition search following completion of the class. The course culminates in a Capstone Project, where students will pitch a real acquisition opportunity to experienced investors and get valuable feedback. 

Students must submit a complete application, attend an information session and be selected to participate in the ETA & Search Fund Practicum. Full course requirements and qualifications will be reviewed with students during information sessions offered before the registration period for each semester.

This is a full semester course that can only be taken for a grade. The course requires meeting during the scheduled class time and work to be conducted in between classes. For more information and details on this course, visit the website (https://www.mccombs.utexas.edu/centers-initiatives/brumley-institute/eta-search-fund-practicum/).

We will be offering two virtual AMA/info sessions for students who want to learn more about the course.  Times and links are below:

Monday, Oct 27th at noon: https://utexas.zoom.us/j/85450274841

Thursday, Oct 30th at noon: https://utexas.zoom.us/j/82292019602

This course will begin with an introduction to pollution control, the common law antecedents, and early statutory developments. The remainder of the course will be devoted to an intensive study of the Clean Air Act and the Clean Water Act. The student will become familiar with the substantive provisions of those statutes and will gain a knowledge of how the statutes are implemented by the United States Environmental Protection Agency and the relevant state agencies. In addition, the course will expose the student to scientific and engineering concepts relevant to regulating the "conventional" air and water pollutants.  Finally, the course will examine ongoing regulatory attempts to address climate change under the Clean Air Act and the prospect for climate change legislation.