Course Schedule

This course will analyze theories of liability and defenses in the area of construction dispute resolution, with particular emphasis on Texas law. It involves participation in several case studies, which will include extensive discussion of the practical aspects of resolving construction disputes through litigation and arbitration. The class participants will study case materials involving property damage, personal injury, and claims for delay and payment. The semester will conclude with a mediation exercise with one of the leading construction mediators in Texas. The teaching goal is to furnish students with the basic tools to evaluate and handle a variety of construction related disputes.  

This course deals with the Texas Deceptive Trade Practices - Consumer Protection Act (DTPA), which is the primary consumer protection statute in Texas. We will also examine statutory and common law warranties and the interplay between the DTPA and other relevant consumer protection statutes. The last three weeks of the course will be spent on the Fair Debt Collection Practices Act (the primary federal statute protecting consumers from abusive collection practices), the Texas Debt Collection Act, and their interplay with the DTPA.

This course examines a range of contemporary issues in policing, prosecution, and punishment through the lens of a series of documentary films and related short reading assignments.  Through class discussion and exchange of short response papers to the films, students will explore and critically examine a range of issues and controversies in the American criminal justice system, including the expansion in the role and powers of the police resulting from the War on Drugs; the use of racial profiling, no-knock warrants, and other policing practices; officer-involved shootings and the doctrine of qualified immunity; the "school-to-prison pipeline; sex offender registries; the prosecution of juveniles in criminal court; and long-term solitary confinement, among other issues. Students will discuss and explore the feasibility of alternative approaches to these practices and examine the legal, political, and practical obstacles to reform.

An introduction to the law governing contracts and the methods by which rights and duties of promissory and quasi-promissory origin are created, transferred, limited, discharged, breached, and enforced.

Methods by which rights and duties of promissory and quasi-promissory origin are created, transferred, limited, discharged, breached, and enforced.

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.

Learning Outcomes

Eleven of the key learning outcomes that we will focus on in class are listed below. 

1. The role of corporate boards in a capitalistic economy.
2. The duties of corporate directors.
3. The relationship between the corporation and the board.
4. Effective structure of corporate boards.
5. The importance of legal constraints on director’s actions.
6. The design of an impact of constructive corporate culture.
7. Identification of the macro environmental factors.
8. The creation of the succession process for management and the board.
9. Management of corporate crises.
10. The structure and compensation program for executives and directors.
11. The role of activist investors.

Optional Lunch on Wednesday, October 16 at Noon

There will be an optional lunch with Doris Kearns Goodwin.  Dr. Goodwin worked in the Johnson administration and assisted President Johnson in writing his best-selling memoir Lyndon Johnson and the American Dream.  She was the winner of the Pulitzer Prize for her book No Ordinary Time: Franklin and Eleanor Roosevelt: The Home Front in World War II.  She also earned the Lincoln Prize for her book Team of Rivals and the Carnegie Medal for her book The Bully Pulpit.  Invitations to the lunch will be sent closer to the date. 

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.

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

 This is a course about substantive criminal law. We will be discussing what conduct should and should not be considered a crime as well as how we define various crimes. We will spend considerable time reading and learning how to interpret statutes.

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.

Institute for Justice Senior Attorney Jeff Rowes will teach students how public-interest lawyers devise and litigate strategic cases designed to set precedent. The class will examine major cases from the perspective of the lawyers who fought the battles, and consider questions like how do you select the right client, identify the right claims, and file in the right jurisdiction. The class will also talk about the right moment in history to bring suit. Students will learn how to use the media effectively. There will be particular emphasis on teaching real-world litigation skills and professional judgment. Each student will write an appellate brief as the final assignment. But to make the brief writing more collaborative, as it is in actual legal practice, students will be asked to submit draft sections throughout the semester and incorporate feedback from the instructor. Although the instructor is an attorney at the Institute for Justice, which has a libertarian orientation, he strongly encourages students of all perspectives to join the class. We will look at cases across the ideological spectrum (and discuss how good constitutional lawyers build alliances across ideological boundaries). There is no exam. Pass/fail allowed.

This course is a deep dive into a broad range of legal and policy issues associated with cybersecurity. It is intended as a comprehensive introduction to the nature and functions of the various government and private-sector actors associated with cybersecurity in the United States, the policy goals they pursue, the issues and challenges they face, and the legal environment in which all of this takes place.

The course is the cornerstone of the Strauss Center's "Integrated Cybersecurity Studies" program, which is a Hewlett Foundation-funded project to increase interdisciplinary education relating to cybersecurity. Anyone interested in the course might also be interested in the Center's "Cyber Fellows" program, which you can explore here. The course also counts as the cornerstone for the LLM program's cybersecurity concentration, as well as for a planned graduate portfolio in cybersecurity studies. 

No technical background is required or assumed. Graduate students from across the campus are encouraged to enroll, too, as you do not have to have prior legal or policy knowledge.  In recent years, the class has drawn a substantial number of law students and LBJ students, as well as cohorts from computer science, engineering, the iSchool, and McCombs.

To get a full sense of the course, check out the free course eBook, which Prof. Chesney wrote specifically for the course. You can find it here (an updated version will be available before the course begins). These materials have been shared and adopted widely around the nation.

This class is designed to give students a basic understanding of elder law and its increasingly important role in our society. Students will learn how to manage legal issues and family dynamics around care of the elderly, understand the oversized role of financing care, and explore the interplay of elder law with estate planning and governmental benefits programs. Fundamental to the practice of elder law is understanding how to pay for care as well as spotting and addressing abuse of the elderly.

It will be helpful but not necessary to have taken Wills and Estates.

Textbook information:Mastering Elder Law, Ralph Brashier, available on Amazon (Second Edition)

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.

This course will explore historical and emerging issues in gender identity, sexuality, and the law. We will study and discuss the constitutional, statutory, and common law that impacts the lived experience of LGBTQ+ people and people living at the intersections of LGBTQ+ identities, including people who are living with a disability, people who identify as BIPOC, and undocumented/under-documented immigrants.  We will also examine theoretical, philosophical, and practical elements of advocacy strategies employed by and/or on behalf of LGBTQ+ communities and discuss how civil rights organizations are using impact litigation, public policy, and education to secure rights and equality for LGBTQ+ people.  As part of the final evaluation, students will be required to participate in a mock litigation exercise that will also include a final paper.

This interdisciplinary course will introduce students to the legal, business, and technical facets of energy development and entrepreneurship. The course is structured around five potential development sites—two wind development projects (a coastal and a north Texas site), a west Texas solar project, and two natural gas combined-cycle plants (a new combined heat and power plant in Houston and a conventional plant in San Antonio). The key stages of project development will be covered, including site selection, life cycle analysis, due diligence, permitting, contracting, and financing. The case studies are designed (1) to provide real-world conditions for understanding project development, (2) to allow students to engage in practical problem solving, and (3) to enable government policies to be evaluated in context. Course work will be complemented by regular discussions with leading experts in the utility and renewable-energy sectors. Students will work in interdisciplinary teams of graduate students from law and business to develop a project proposal based on a mix of renewables and natural gas generation. In addition to short exercises during the semester (e.g., permitting negotiations, financial modeling), each student team will prepare a project prospectus and presentation on the business and legal aspects of their project proposal. The course will culminate with each team presenting their proposal to a corporate investment panel, which will be made up of local energy experts. Course evaluation will be based on class participation, a mid-semester project memo, and the final team presentation and project prospectus.

This three credit survey course focuses on the legal issues that pervade the conservation and regulation of public lands, wildlife, fisheries, and wetlands. These issues include, among others, competing claims of the "public interest" versus private property rights; the roles of administrative agencies and the judiciary in environmental decision making; tensions presented by the multiple use/sustainable yield standard in federal law; conflicts among and between local, state, and federal approaches to natural resource regulation; and the opposing goals of resource management espoused by fishermen, farmers, developers, environmentalists, and recreational users. These issues will be developed in the context of the regulatory schemes embodied in the National Environmental Policy Act, the Endangered Species Act, and the Clean Water Act and the various statutes that govern federal public lands, such as the Wilderness Act and Federal Land Policy Management Act. The focus of the course is primarily U.S. law; however, it will touch on international law relevant to natural resources and, where appropriate, compare U.S. law to the laws of other countries.

This course will explore the rules and principles governing the proof of facts in the courtroom, with special focus upon the Federal Rules of Evidence. Planned topics include relevance, hearsay, the Confrontation Clause, character evidence, impeachment and rehabilitation of witnesses, the best evidence rule, lay and expert opinion, and objections practice.

This course provides an overview of the legal regulation of intimate relationships. Substantial time is devoted to the incidents of divorce (including property division, spousal support, child support, and custody), and the regulation of prenuptial and postnuptial agreements. The course will also cover issues related parenthood, alternative reproductive technologies, and same-sex marriage.

Federal Courts is an essential practical tool for future litigators, future government attorneys (at the federal, state, or local level), and future judicial law clerks. It is also a genuinely exciting field of academic study for any law student. 

This course investigates one of the most fascinating and often misunderstood features of American law: how our legal system distributes power within the federal government and between the federal government and the states.  The course also explores whether (and how) individual litigants can turn to the judiciary to enforce rights created by constitutional or statutory law. These fundamental questions are related.  Principles that shape and limit the power of federal courts determine not just how but whether those courts (rather than other participants in our system of government) can resolve disputes, ranging from the relatively mundane to the gravest allegations of injustice.  

These issues raise questions about the role that the federal courts play in our constitutional democracy.  Such issues are of utmost importance today.  Many pressing questions—from the scope of presidential power to the conduct of local police—wind up in federal court.  And these disputes often turn on legal issues that we will explore in this course.

The assigned case book is the tenth edition of Low & Jeffries' The Federal Courts and the Law of Federal-State Relations (2022).   

This two-hour course examines Federal income taxation of estates, trusts, grantors, and beneficiaries, as prescribed by Subchapter J of the Internal Revenue Code. In particular, this course focuses on how the income taxation of estates and trusts differs from that of individuals. Central topics include distributable net income (DNI), the distribution deduction, the grantor trust rules, and income in respect of a decedent (IRD). This is an advanced course that assumes familiarity with basic principles of Federal income taxation and the law of wills and estates.

Prerequisite: LAW 293Q, 393Q, 493Q, 593Q or 254J, 354J, 454J, 554J. Federal Income Taxation.