Course Schedule

Instructor: Ware V. Wendell (www.WendellLaw.com). Whether litigating civil or criminal cases, performing transactional work, or using the skills acquired in law school outside of the practice of law, it is likely that the professional life of many law school graduates will include negotiating on a regular basis. This course will explore the foundation of negotiation theory and practice with a heavy emphasis on experiential learning and real-world examples. By the end of the course, each student should be an experienced, skilled, and confident negotiator. We will discuss and practice negotiation strategy, styles, skills, agreement writing, and ethics. We will also examine psychological, cultural, and other influences on the negotiation process. This is a highly-interactive course, utilizing negotiation exercises between pairs of students (which will be video recorded). These exercises are debriefed through class discussions in which everyone will be expected to actively participate. We will also invite experienced attorneys and other professionals to share their insights with the class. The course is limited to sixteen students, and because we will often be working in pairs on exercises, regular attendance is expected. There will be no exams. Grades will be determined by performance on the negotiation exercises, journal entries, comprehension of the reading, and participation in class discussions.

Much of what lawyers do on a day-to-day basis involves negotiation. This negotiations course will provide you with effective, negotiation skills that may benefit you throughout your legal career.  This is a “student-participation,” experiential learning course that blends law, social science, and ethics toward the development of practical negotiation skills in a small classroom environment.  Topics covered will include negotiation theory and literature regarding negotiation of both transactional-based and litigation-based problems. The class is structured to include both classroom presentation and classroom exercises that will be performed in small groups under the instruction of your professor.  You will leave this negotiations course with greater knowledge and understanding of dynamics involved in negotiations and provide you with the skillset to successfully navigate them.

Negotiation is the pathway to agreement. Much of what lawyers do involves negotiation -- the structured process of communicating toward an agreement. This is an "audience participation," experiential learning course that blends law, social science, and ethics toward the development of practice skills. Topics covered will include both transaction and legal claim negotiations. This class will immerse students in the reality of contemporary negotiations.

Negotiation is the pathway to agreement. Much of what lawyers do involves negotiation -- the structured process of communicating toward an agreement. This is an "audience participation," experiential learning course that blends law, social science, and ethics toward the development of practice skills. Topics covered will include both transaction and legal claim negotiations. This class will immerse students in the reality of contemporary negotiations.

In this course, students will learn the basics of legislative negotiation through case studies, simulations, and exercises. This interactive approach will be enriched and supported by the study of two textbooks: "Getting to Yes," which elaborates on various negotiation concepts, and "The Texas Legislative Handbook," providing students with practical knowledge of the Texas legislative process. Taught by Jorge Ramirez, the Chief of Staff to the Dean of the Texas Senate.

The course focuses on deal-making strategies, contract structuring, and dispute resolution in business transactions. The course blends legal principles with business strategy, equipping students with practical skills through case studies, simulations, and real-world negotiation exercises. Designed to prepare future lawyers and business professionals to navigate high-stakes corporate negotiations effectively.

My goal for each student taking this class is to teach you as much about the new venture creation process as possible. Regardless of the line of work you pursue after earning your master’s degree, your ability to approach a business problem using an entrepreneurial skill set will always be valuable and differentiate you from your peers. What frequently is the deciding factor for financing a venture, whether inside a large company or in the private equity markets, is the entrepreneur’s ability to articulate what the business is about, why it will succeed and ultimately how it will produce enough of a profit to give investors a return on their investment. Your ability to do this has very little to do with the actual writing of the business plan. The best business plans and presentations are the documentation of well thought-out and thorough market validation, business model development and financial projections passionately communicated and firmly grounded in facts. By performing these functions effectively, the writing and presenting of the business plan becomes a straight-forward, objective process. This class is designed to give you the hands-on experience of developing all of these skills while producing a viable plan for a new venture. I strongly encourage you to think of this as an opportunity to develop a business plan for a venture you will likely pursue at some point in your career. The format of this class will cover each of the major components you need to develop a viable business and review real business plans and presentations from previous Venture Labs Investment Competitions (formerly Moot Corp®) using case based analysis. This will give you the theory and the practical application of the theory in a real world environment. This course can only be taken for a grade.

Oil & Gas Taxation covers the United States federal income taxation of domestic oil and gas operations and transactions. The course examines taxation associated with the operational life cycle of oil and gas operations including exploration, development, production and abandonment. The study of transactions involving oil and gas interests analyzes acquisition, disposition, structuring and investment. Course participants learn the historical context and development of oil and gas provisions found in U.S. tax law. Current tax legislative proposals or enactments that affect the oil and gas industry are addressed if warranted. Although emphasis is on federal income taxation of domestic oil and gas transactions, the international tax aspects of the oil and gas business also are surveyed. It is helpful if students have taken Federal Income Tax or Oil and Gas Law, but I will teach the class so that students will not need to have taken these classes as prerequisites to this course. This class is open to Accounting and Petroleum engineering students.

The objective of the class is to give students a hands-on experience of the major issues in patent cases from case filing and pre-trial. Students will take briefing from actual motions that were previously pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court, learning over the course of several arguments how to zealously advocate for their clients while accurately recounting the facts and law. Other judges and special masters who handle certain motions and hearings will preside over some of the classes to expose the students to a wider variety of adjudicators. Additionally, in-house and outside counsel trial lawyers and experts will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the Austin federal courthouse. Accordingly, students should expect some non-standard meeting times. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course. Example motions in patent cases that students should prepare to undertake are: 1. Motion to dismiss 2. Motion to transfer 3. Claim construction briefing 4. Discovery motion 5. Daubert motion 6. Motion for summary judgment

This course provides a foundation that will introduce students to the use of a variety of analytic tools employed in the policymaking process. We pay particular attention to the major players in the process, and how gender in conjunction with race and ethnicity have become more salient in policy formation. Given the centrality of health care to the modern welfare state, we will examine how gender, race, and ethnicity influence health policy. Toward that end, the class will examine the gender dimensions of health, illness, and the health care industry in the United States and other developed nations. It is motivated by the fact that health, disease, and medical care have important gender-specific dimensions that interact with other sources of disadvantage, economic and political structures, and culture. In the past the health care system often ignored gender, as well as race-and ethnic-based differences in health and health-care needs.

These gaps in knowledge concerning risks and appropriate treatments have very specific consequences that we will investigate and debate. The collection of readings will allow us to examine the social institutions that shape men’s and women’s health and health care. Specific topics will include reproductive health, single motherhood and the stress of raising children alone, welfare and health care, divorce and changes in health, certain illnesses that women experience including breast and ovarian cancer, drug and alcohol abuse, and the forces that influence research into men and women’s health problems. Furthermore, we examine the role of women as major actors in changing the health care system, reducing health risks for themselves and their families, and their roles as health care providers, public administrators, and leaders in the health care establishment.

The second objective of the course is for students to develop an understanding of the major sources of health social policy data (e.g., demographic statistics, administrative records, health surveys, etc.). Our objective is to develop a critical understanding of the appropriate use of health-related data and to determine how they can best be used to evaluate a broad array of public policies.Finally, throughout the semester we examine the role of different levels and branches of government, touch upon the role of local, state and federal agencies in health policy formation and implementation (e.g., Medicaid), the politics of the medicalization of women’s issues including childbirth, refugee and immigrant health, and more. Alternative political ideologies regarding state and private responsibility for women’s health will be compared and contrasted. This involves gauging the relative power of key non-governmental actors, such as interest groups, health care NGOs, researchers, and the media in the definition and framing of our health agenda.

Note that the book course deals with rapidly evolving issues and readings serve as a point of departure. They will be adjusted in conformity with student interests and as current events warrant.

Bird, C.E. and P.P. Rieker. 2008. Gender and Health: The Effects of Constrained Choices and Social Policies. New York: Cambridge University Press.

The purpose of the course is to expose students to contemporary policy challenges in the national security arena and, in doing so, provide the student a framework for making future decisions across the entire public policy spectrum.   You will be exposed to a variety of geopolitical scenarios and working in conjunction with a “national security team” you will develop a list of options for government leaders. The course goes beyond the theoretical and analytical to understanding exactly how national security policy is made in the most complex and politically sensitive environments.  In the scenarios, you will be confronted with the challenges of whether to conduct a drone strike in a denied area, address the development of nuclear weapons in Iran, a potential conflict between Russia and NATO, whether to intervene in a potential Global contagion and several other current international problems.  You will learn to understand the implications of U.S. actions on both international and domestic policy.  Throughout the course we will also examine the role of leadership in policy making.

The purpose of this course is to provide students with a basic background in historic preservation law. Whether you choose to work in the historic preservation field or in another field related to preservation such as architecture, building conservation, planning, archeology, or history, this course will equip you to recognize when legal issues might impact your work, and assist you in achieving a successful outcome.

Privileges: the one semester, two credit course will examine the basics of the Fifth Amendment privilege as well as each of the evidentiary privileges recognized and not recognized in federal court proceedings. The course will examine the societal benefits achieved by recognizing certain privileges, which person or party owns and may invoke the privilege, and how each privilege can be lost or abused. Students will examine the ethical considerations and best practices regarding how attorneys should protect their client’s privileges and avoid impinging on the privileges held by others. A course in Evidence is a pre- or co-requisite. While the course may be of primary interest to students intending to be litigators, prosecutors or criminal defense attorneys, students with non-litigation interests will also benefit from the issues discussed during the course.

This survey course on lawyers' professional responsibilities is centered on two premises: (1) The practice of law is a business as well as a profession, and economic incentives therefore matter; and (2) more than 90 percent of all lawsuits settle. Thus, we will give special attention to the economic aspects of the attorney-client relationship and the various incentives that existing ethical Rules provide both lawyers and clients. We will also pay particular attention to a wide range of ethical issues surrounding the settlement process. The course will cover approximately 85% of the material that is typically tested on the MPRE.  In previous years, students all reported feeling well prepared for, and doing well on, the MPRE.  The "short course" format, with our final class meeting scheduled for November 3, means that the course will be completed prior to the November 13/14 MPRE testing dates. This course fulfills the Professional Responsibility requirement for graduation. The exam format will be an in-class, 3-hour, exam consisting of 2-hours of objective questions (multiple choice and true-false) and a one-hour, word-limited essay question.  The exam will be closed note, closed internet, but open "Professional Responsibility Rules."

This course will introduce students to core concepts and doctrines in the field of professional responsibility. It will touch on all of the subjects needed to prepare for the Multistate Professional Responsibility Examination. The class will be taught through case examples and problems. Students will take an in-class examination. This course fulfills the Professional Responsibility requirement for graduation. 

This course approaches the subject of professional responsibility as a study of how society regulates the legal profession and the conduct of lawyers. First, we study the organized regulation of the profession, which includes the following topics: (1) the admission of lawyers, (2) the establishment of the legal services monopoly through unauthorized practice of law statutes, (3) the state and federal systems for disciplining lawyers, and (4) the clients. Second, we study the regulation of the conduct of individual lawyers through the transactional perspectives: (1) formation of the attorney- client relationship, (2) performance of the representation, and (3) termination of the relationship. We also spend significant time examining the three contexts of regulating lawyers' conduct: (1) the disciplinary committee, (2) the private malpractice action, and (3) judicial regulation as part of the lawyer's representation of a client. Although we discuss the Model Code and the Model Rules, this course does not focus on the rules of professional responsibility as the sole source of ethical guidelines. The course should prepare you for the Multistate Professional Responsibility Exam; however, it is more useful as an introduction to identifying and resolving ethical problems in practice. In addition, it is your first introduction to the practice of law as a profession. Student grades are assessed through an in class exam with objective questions and essay questions; a 5 page outside paper, and completing the multiple choice questions in the Casebook Plus online module.

A survey of interests in land and limited topics involving chattels, estates, cotenancy, landlord and tenant issues, conveyancing, private and public control of land use.

This course provides a comprehensive overview of federal, state, and local laws governing the possession, use, and administration of psychedelics. Students will gain a foundational understanding of the policy reform movements shaping psychedelic law across the country, with a comparative analysis of enacted and proposed legislation at various levels of government. The course will explore federally legal pathways for therapeutic participation, including ketamine treatment, drug development studies, and other research initiatives. Additionally, students will examine legal exemptions under the Religious Freedom Restoration Act (RFRA) and related case law. Students will be expected to participate in discussion each week and in one group project taking place during class. This course has no textbook and no specific prerequisites. No technical background is required.

This course provides a basic introduction to public international law. It will survey the basic principles of international law including: the sources of international law; the law and interpretation of treaties; the relationship between international and domestic law; and jurisdictional competencies. It will also examine a number of specific subjects including: the use of force; human rights; humanitarian law; international criminal law; and terrorism.

This course introduce students to the avenues and theories lawyers can utilize to conceptualize and seek social change. Through readings and discussion, we will explore past, present, and future movement lawyering strategies and concepts, including aspects of the civil rights movement, prison abolition, and Afrofuturism. We will examine the ways lawyers engage with communities, clients, and political causes, as well as the ethical issues that may arise when advocating on behalf of class members with divergent interests. Although the law can serve as an effective tool for change, it has its limitations. This course will help us recognize the need for movement lawyers to work in partnership with communities, organizers, and policymakers to achieve justice. Depending on scheduling and availability, this course will incorporate guest speakers engaged in movement lawyering, community organizers, and public policy. Students will be expected to read, watch, and listen to the assigned materials and actively participate in discussion. Students will leave with a deeper knowledge of social justice lawyering, and an understanding of how to recognize the law’s limitations as a singular tool to achieve social, political, economic, and racial equality.

Introduction to Real Estate Law and Practice is for students with little or no knowledge or experience in the industry. This course will begin with an introduction to the commercial real estate industry, including the basic vocabulary and law. This course will review legal theory in the areas of contracts, property (including condominium law), agency, tax (federal income tax and property tax), land use, and business entities; and will apply those areas of law to purchase and sale agreements, brokerage arrangements, leases of improved real estate, choice of ownership entity, acquisition and construction financing, eminent domain and insurance. This course will include a discussion of various types of legal practices in the area of real estate law. This course will only tangentially deal with residential real estate. Materials to be used will include materials supplied by the professor in PDF format. There are no formal prerequisites.

This is an interesting time to study the law of Religious Liberty.  The Supreme Court has heard multiple cases and issued a number of decisions in recent years construing the Religion Clauses of the First Amendment.  Studying these developments is helpful not just to understanding this area of constitutional law, but also to examining the Supreme Court as an institution.

This class is an introduction to the law of Religious Liberty.  It will also present an opportunity to develop appellate advocacy skills.  Students will simulate oral arguments before the Supreme Court in significant religious liberty controversies, by performing in the role of both advocates and justices.

This course is open to students who have already taken a course in Constitutional Law.  No other prerequisite is required.  We will meet roughly every other week for two hours at a time.  The course is graded, but students are welcome to exercise their pass-fail option if they wish.  Grades will turn on the quality of in-class participation, both as advocates and as justices.  Students will have the chance to learn the law of Religious Liberty from a seasoned practitioner, and to practice oral advocacy before a bench of your fellow students, as well as a federal circuit judge.

Each week, two to four students will be assigned a Supreme Court case to argue, before a bench comprised of fellow students who will serve as Justices.  After each oral argument, we will discuss the issues presented in the case and raised during the argument.

The scope of this class is both domestic and international and crosses multiple disciplines and fields of law. The course touches many aspects of the processes of creating art, buying and selling it, using it, or displaying it in a museum. Additionally, the course covers the more nefarious legal issues in art and cultural property, including forgery, theft, illegal movement, and art in war, focusing on art stolen in the Holocaust.