Course Schedule

Conflict of Laws addresses issues that may arise when a dispute or transaction has connections with more than one state or country. The subject is generally divided into three interrelated topics: (1) territorial jurisdiction (and related doctrines), (2) choice of law, and (3) recognition and enforcement of foreign judgments. This course focuses exclusively on choice of law. Most of the course focuses on the sources from which state courts draw in choosing the applicable law. But the course also covers (1) constitutional limits on state choice of law, (2) the rules governing the choice of state law in federal court, and (3) the principles that determine whether and when a federal statute may be given extraterritorial effect. By the end of the course, students should have developed a sound understanding of the methodologies that influence choice of law in the United States and the policy considerations that will shape further development of the law in this area. The first and third topics in Conflict of Laws are covered in a separate course entitled “Jurisdiction & Judgments” that is scheduled to be taught in the spring.

The course will focus on constitutional interpretation involving the Religion Clauses, the Expression Clauses, and the Right to Bear Arms. Both interpretive and substantive issues will be addressed to question what the scope of each constitutional provision should be and whether that scope should be interrelated with the scope of other provisions. Specific topics will include: gun control, dollars to religion, school, prayer, criminal advocacy, pornography, hate speech, and new communications technologies.

This course will focus on the design, history, practice, and theory of constitutional amendment in the United States. Students will explore key questions, including: (1) What does the US Constitution require for a constitutional amendment?; (2) Are there limitations on what may be amended into or out of the US Constitution?; (3) What is (or should be) the role of courts in constitutional amendment?; (4) What values are reflected in the architecture of the country's constitutional amendment procedures?; and (5) Why doesn't the US Constitution make anything unamendable, in contrast to many other countries in the world which protect human dignity, civil rights, and fundamental freedoms against amendment? Readings will be complemented by class visitors, including a Justice of a Constitutional Court and authors of some of the scholarly publications we will read and discuss. Evaluation will be based on a take-home examination inviting students to answer their choice of open-ended essay questions relating to the central themes in this course.

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 is about reproductive rights under U.S. law and reproductive justice in U.S. policy and practice. We will consider sex, parenting, pregnancy, labor & delivery, reproduction, and contraception as rights and as targets of regulation. We will also learn to analyze issues of law and policy through a reproductive justice framework. We will consider and evaluate reproduction as experienced by racial minorities, LGBTQ populations, incarcerated women, and disabled people, among others.

The course is an examination of the Consitution 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 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.  

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.

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.

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 addresses the constitutional limits on police investigations. It focuses primarily on the Fourth Amendment law governing searches and seizures, as well as on the constraints that the Fifth and Sixth Amendments impose on police questioning. Topics include the meaning of the terms “search” and “seizure” (especially in an era of electronic surveillance); the warrant requirement and its many exceptions; the rules governing stop-and-frisk and police use of force; the rules governing police interrogations (including the rights to remain silent or to have a lawyer present); and the available legal remedies for constitutional violations. The course will be graded on a letter-grade basis for all students and will satisfy the constitutional law II requirement. Grades will be based upon an open-book, in-class final exam.

In recent years, public education has taken on a significance in the nation’s dominant political discourse not seen in a generation. The truth of this can be seen in the increased attention public education has received in our state and federal courts. This course will explore contemporary case law governing the administration and role of public education in the United States, with a focus on First Amendment rights, the various stakeholders in public schools and the pressure points of conflict that have emerged between them. We will also discuss the future of public education and the various options for future education law policy in a field where every day might present a new Constitutional question.

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 course will examine the correct (useful) way to define the concept "the impact of a choice on economic efficiency," the economically-efficient approach to take to predicting or postdicting the economic efficiency of any private or governmental choice, the relevance of the economic efficiency of a choice to its justness or moral desirability (rights-considerations aside), and the relevance of the economic efficiency of an interpretation or application of the law to its correctness as a matter of law. The course will also criticize canonical writings that articulate or manifest conclusions on these matters that differ from the Lecturer's. Although several weeks of the course will be devoted to the definitional and relevance issues, the majority of the course will address the economically efficient way to predict or postdict the economic efficiency of a choice in an economy that inevitably contains large numbers of Pareto imperfections of all types and uses resources in a large number of ways. More specifically, the course will consider in detail the negative implications of The General Theory of Second Best for the way in which economists approach economic-efficiency analysis and develop and apply a so-called distortion-analysis approach to economic-efficiency analysis that the Lecturer believes responds defensibly to the interconnections whose importance Second-Best Theory highlights. No background in economics, moral philosophy, or jurisprudence will be presupposed, though students without such backgrounds will have to work harder in the sections of the course to which these fields are relevant. There will be a mid-term as well as a final examination.

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)