Course Schedule

This course covers credit transactions in which the loan is secured by an interest in personal property. Secured credit is a very important part of both consumer and commercial lending. This course will study both contexts, examining how secured transactions are structured and why they are structured that way. These transactions are largely governed by Article 9 of the Uniform Commercial Code. The course does not cover loans secured by mortgages on real estate. A secured loan is one in which the debtor and lender agree that if the debtor does not pay, the lender can take specific items of property from the debtor. This property is called collateral, and the lender is said to have a security interest in the collateral. The collateral may be tangible property such as inventory, equipment, and consumer goods, or intangible property such as stocks and bonds or the debtor's right to collect from people who owe money to him. The course examines the mechanics of making secured loans, the rules that govern repossessing the collateral if the debtor doesn't pay, and what can happen to security interests if the debtor goes bankrupt. It also examines the priority rules that rank competing claims to the same collateral. There may be many such claims. More than one secured lender may have a security interest in the collateral; unsecured creditors may seize the collateral to collect a judgment; customers or other third parties may buy the collateral; the collateral may be affixed to real estate and become subject to the claims of people with interests in the real estate. This is also a course in statutory construction. We will devote very careful attention to using and interpreting the Uniform Commercial Code and the Bankruptcy Code. We will progress from relatively simple statutory provisions to quite difficult ones, learning the skills that can be applied to all sorts of statutes. Westbrook sometimes offers a one-hour adjunct to the Secured Credit course. This Secured Credit workshop adjunct course is open only to those taking his regular three-hour Secured Credit course. Requirements include a small number of additional classes and a 15-20 page paper on a Secured Credit topic. A student who takes this adjunct course gets one four-hour grade based on a combination of the student's examination in the regular course and performance in the one-hour course (especially on the paper). Enrollment is limited. Taking the workshop is not required to take the main three hour course. Students who choose the Workshop have included those who want to study advanced commercial law topics and theory, but also those who have no business background and want a cushion rather than putting the whole grade on a final exam.  While the course is not remedial or tutorial, philosophy or art history majors usually find it makes them more comfortable and confident in the main course.

In addition to the textbooks listed, there will also be supplemental class materials available for download via Canvas.

Westbrook often offers this one-hour adjunct to the Secured Credit course. This Secured Credit workshop adjunct course is open only to those taking his regularthree-hour Secured Credit course. It covers the same subject matter. The course has two main purposes: offering especially interested students a look at cutting edge issues beyond what is covered in the basic course; and giving students a chance to be evaluated in part by a paper rather than just an examination. It also provides a small class experience. Requirements include a small number of additional classes and a 15-20 page paper on a Secured Credit topic. A student who takes this adjunct course gets one four-hour grade based on a combination of the student's examination in the regular course and performance in the one-hour course (especially on the paper). Enrollment is limited. Although the workshop is limited to students taking the main, three-hour course, taking the workshop is not required to take the main three hour course. Students who choose the Workshop have included those who want to study advanced commercial law topics and theory, but also those who have no business background and want a cushion rather than putting the whole grade on a final exam.  While the course is not remedial or tutorial, philosophy majors or art hisotry majors usually find it makes them more comfortable and confident in the main course.

Sneaker Law: Legal Issues Involving Apparel, Trademarks and Endorsements will provide students with an overview of the $70 billion-dollar annual sneaker industry, focusing on its main legal and business components.  This course prepares students to think and act as lawyers and business professionals in anticipating and addressing the legal and business issues faced by sneaker companies, designers, manufacturers, and other parties involved in the sneaker / apparel industry.

This course will include a review of major sneaker deals, entity types and formation, endorsements, manufacturing and distribution, licensing and collaborations, marketing, intellectual property, employment law, standard clauses, counterfeit goods, and the changing landscape of NCAA college athletics with Name, Image and Likeness.  Supplementing the rich case law on these topics are a group of highly accomplished professionals that will guest speak during the semester.

Required Text: Sneaker Law – V1 – Anand & Goldstein – ISBN: 9781735782003

Required Supplemental Text: Shoe Dog: A Memoir by the Creator of Nike – Phil Knight – ISBN: 1501135910

Required Supplemental Text: Black Market - Merl Code - ISBN: 9781335425775

Required Supplemental Text: Sneaker Wars - Barbara Smit - ISBN: 9780061246579

State constitutional law is often overlooked, understudied, or neglected in the traditional law school curriculum. As the Conference of Chief Justices noted, "being a competent and effective lawyer requires the understanding of both the federal Constitution and state constitutional law." Recent decisions of the U.S. Supreme Court, modern executive branch actions, and contemporary legislation and their effects on domestic legal systems indicate that questions of state constitutional law may be moving to the forefront.

This course examines the nature, significance, and relevance of state constitutional law in the United States. Addressing both institutional structures and individual rights, the course considers the design, ratification, and amendment of state constitutions; their interpretation and application by state legislators, the multiple executive, and elected judges; and their use by lawyers and courts in protecting guarantees of liberty and property rights, including an examination of questions concerning when and how state constitutions may recognize rights that remain unrecognized by the Supreme Court. A student completing the course will understand and appreciate the role of state constitutions and how, to borrow from Justice Brennan, "the composite work of the courts of the fifty states probably has greater significance in measuring how well America attains the ideal of equal justice for all."

The course is offered through the full-time MBA program as an upper-level accounting elective. The goal of the course is to provide a fundamental understanding of the principles of taxation and financial planning. Traditional business courses analyze an array of factors affecting business decisions but provide little systematic consideration of individual financial planning decisions. This case-based course intends to bridge this gap by discussing how accounting, economic, finance, and legal principles affect a variety of personal financial planning decisions.

The course is offered through the full-time MBA program as an upper-level accounting elective. The goal of the course is to provide a fundamental understanding of the principles of taxation and financial planning. Traditional business courses analyze an array of factors affecting business decisions but provide little systematic consideration of individual financial planning decisions. This case-based course intends to bridge this gap by discussing how accounting, economic, finance, and legal principles affect a variety of personal financial planning decisions.

This course is an introduction to the technical aspects of cybersecurity. No background is assumed. If you want to learn how this stuff works, this course was made for you.

The course is intended for graduate students in law, public affairs, and other non-technical disciplines. We will explore topics like cryptography, authentication, malware, and social engineering. Note that this course does not address legal or policy questions, as those are the subject of the separate Cybersecurity Foundations course taught by Professor Chesney. Both courses are part of the larger Strauss Center program promoting cross-disciplinary training related to cybersecurity across the graduate school community at UT.

Taught by former Texas legislator, Senator J.E. "Buster" Brown, and supplemented by guest lecturers, this two-credit course focuses on the ways in which the Texas Legislature functions - both officially and otherwise. A wide range of procedural and substantive topics will be discussed to enable law students to gain an understanding of the process of legislation, the procedural requirements, and the forces at work which all contribute to the criteria for enactment or rejection of a bill. In this regard, the formal structure of the legislature will be analyzed in depth, including the Legislative Council (drafting bills), the Budget Board, the leadership and committee structure, scheduling votes on proposals, etc. The informal structure will not be ignored, with an eye to the role of special interest groups, lobbyists, and House-Senate interaction behind the scenes. Emphasis centers on the way ideas work their way through the Legislature and become policy for the State of Texas, including Constitution, statutes, rules of the House and Senate, and political realities that influence the process.

The TVL Practicum is an elective course that is open to all grad students at UT. Students in the TVL Practicum are put into cross-disciplinary teams where they get the opportunity to work and learn alongside students from different colleges throughout the University. Over the course of the semester, each team works on consulting projects with two early-stage startup companies. Students learn valuable skills such as conducting market validation, competitive analysis, and go to market strategies.

Previous business experience or experience working with startups is not necessary. Students come to TVL to gain that experience. The Practicum provides an opportunity for students to get an inside look at how startups work. This experience can provide a lot of insight to students considering a future working in tech or at a startup.

Many of the law students in the TVL Practicum take the class because they are planning to work in transactional law or mergers/acquisitions and this can give them an inside look at the day-to-day operations of early stage startups and the challenges they face.

Students are encouraged to attend an information session before applying to be accepted into the TVL Practicum. We have a couple more opportunities for students to learn more about the course. 

Also, we will be hosting an all-day Open House on March 23rd where students, staff and faculty can learn more about the TVL Practicum and the other programs offered at Jon Brumley Texas Venture Labs.

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

This course will provide in-depth study of U.S. and Texas law protecting trade secrets, the legal mechanism that businesses are increasingly relying on to protect their intellectual property and confidential business information. The course will cover statutory and common law protection for trade secrets. It will examine trade secret fundamentals such as the scope, duration, and prerequisites for trade secret protection, including subject matter, secrecy, economic value, and reasonable efforts to protect the trade secret. Common misappropriation scenarios will be addressed: joint ventures, potential acquisitions, and departing employees going to work for competitors. In addition, the course will explore litigation strategies for trade secrets cases, in particular requests for a preliminary injunction, forensic discovery, and timing of identification of the trade secret. Employment law angles of misappropriation of trade secrets will also be discussed, such as issues regarding confidentiality and non-competition agreements. Procedures and requirements for preserving trade secret protection will also be covered. Finally, the course touches on relevant comparisons between trade secret law and other legal doctrines, such as patent law.

TEXTBOOK: Trade Secret Law in a nutshell. Sharon K. Sandeen, Elizabeth A. Rowe. ISBN: 9781640202115

This course focuses on real contracts with real risks.  During the course will study a guaranty, a promissory note and a deed of trust.  These agreements are commonly used for financing.  A prominent local law firm has provided materials for our use in class.  We will also study a merger agreement, an asset acquisition agreement and a joint venture agreement.  The merger, joint venture and asset acquisition agreement were prepared by committees of the American Bar Association.  We will also study a confidentiality agreement, non-compete agreement, a waiver of liability and several other commonly used agreements.  Finally, we will study an intellectual property license.  This course highlights the liabilities in each agreement.  

Prerequisite: First year torts and first year contracts.  

This course surveys environmental law in the United States from its roots in the common law, to the explosion of legislation and regulation that emerged in the 1970's, and through to regulatory efforts to address climate change today. Beyond giving students a solid foundation in navigating the major laws that govern protection of the environment and public health, the course will introduce students to the regulatory state. We will examine the ways in which courts, Congress, and agencies sometimes work together and sometimes act at cross purposes in developing and implementing environmental policies. The course will also consider the disparate perspectives that inform environmental programs--ethical values, economics, and science--and how conflicts between them can lead to surprising compromises in statutory and regulatory outcomes. The course surveys four major pollution statutes, with a particular emphasis on laws regulating air and water pollution and the laws governing the commercial use and remediation of hazardous substances. The course casebook incorporates regular discussion problems and will be supplemented by four required quizzes scheduled during the semester. Students completing this course will be well-positioned to take one or more advanced environmental law courses; although, it is not a prerequisite for enrollment in any of them.

This course introduces international LL.M. students to the concepts of law fundamental to, and the legal institutions operating within, the United States legal system. The course will include an overview of the U.S. Constitution and of the functions and procedures of civil and criminal courts. This fall course is required for LL.M. students with a foreign law degree, although those with a law degree from a common law country may request a waiver. Exchange students may petition to enroll in the class on a space available basis.

A one-semester course which will cover selected, practical topics concerning Wall Street's regulatory, economic and political environment. We will focus on the nature of investment products, their use and the regulatory structure surrounding them. We will discuss how some misused these products and the impact that has had on the economy. Finally we will look at the government responses to the economy and the success/failure thereof. This class will pull handout materials from articles in major publications, real-time news stories and personal experience. Given the fluid nature of the economy, new information will likely become available during the course and provide timely discussion topics. Therefore, we may veer from the syllabus topics.

The teaching technique will not be a lecture style, but rather a highly participatory Socratic method in which case study, situation analysis and student interaction will be at the core. The instructor will provoke the students and encourage their thoughtful response to the problems and issues so presented. Each student will present on a topic of his/her choice, and the class will have the opportunity to develop their own skills in the areas of: team building, presentation skills, critical thinking, problem diagnosis and problem solving. Class participation and attendance will count towards the final grade.  Quizzes may also count towards grading if given.

Students may not earn credit for both, Alt Invest: Lack of Reg/Bailout and Wall Street Regulation. 

This course is intended to provide a practical introduction to the practice of what is commonly referred to as “white collar” crime—an area of criminal defense primarily focused on government investigations of corporations and individuals for non-violent criminal offenses, often of a regulatory or financial nature.

The course will focus on themes and issues commonly encountered in representing clients in these complex and often lengthy investigations, and will walk students through the typical phases of a corporate criminal investigation, up to and including resolution. Recognizing the increasing ability of law enforcement authorities to cooperate beyond national boundaries, the course will also provide an introduction to common issues and themes in cross-border investigations.

Textbook: White Collar Crime in a Nutshell (6th Edition)Ellen S. Podgor | Jerold H. Israel | Miriam H. Baer | Gregory M. GilchristISBN: 9781647082864

This course deals with donative transfers of property, including intestate succession, probate administration of decedents’ estates, execution and revocation of wills, the use of trusts in estate planning, and rules of construction that affect will and trust drafting. The course also will cover community property laws and basic estate tax and gift tax principles. Relevant Texas Estates Code and Uniform Probate Code statutes will be included in a Supplement to the casebook. Prerequisites: None.

This course deals with donative transfers of property, including intestate succession, probate administration of decedents’ estates, execution and revocation of wills, the use of trusts in estate planning, and rules of construction that affect will and trust drafting. The course also will cover community property laws and basic estate tax and gift tax principles. Relevant Texas Estates Code and Uniform Probate Code statutes will be included in a Supplement to the casebook. Prerequisites: None.

This course examines the policy development process through the lens of juvenile justice.  All around the United States, policy-makers are trying to improve the operations of their states’ juvenile justice systems.  Guided by both fiscal concerns and research indicating that juveniles are best served in community-based programs, policy-makers are beginning to emphasize local responsibility for juvenile justice rather than state-level incarceration. There is also an increasing emphasis on prevention and rehabilitative services, even as the juvenile systems around the country still function under laws and policies designed during the “tough on crime” period in the 1990s. At the same time, the United States Supreme Court is changing its views about juvenile sentencing, recently eliminating mandatory application of life without parole sentences for youth under age 18 and establishing that “children are different” than adults for criminal justice purposes.

Because youth justice systems are in such tremendous flux, they provide a perfect vehicle for us to examine the various components of the policy development process.  We will focus on four “case studies” of shifting youth justice policies, with two or three-week modules on each topic:

• (1) The decarceration of youth confinement facilities;
• (2) The “raise the age” movement to set 18, rather than 16 or 17, as the age when youth become adults for criminal justice purposes;
• (3) Life without parole and extreme sentencing of youth; and
• (4) School discipline and the school-to-prison pipeline.

The massive changes that have occurred (or that have failed to occur) in each of these areas of focus have been the result of a variety of influences and considerations.  We will learn about the legislative process (both formal processes and informal fiat); the role of executive branch agencies; the role of the courts and constitutional requirements; the influence of advocacy groups and social justice campaigns; the importance of research and data; budgeting and financial considerations; and the impact of scandals and media coverage.  The reality is that good policy doesn’t “just happen”; it is the product of a deliberate process that can be influenced but rarely controlled.

To better understand how these factors have combined to affect policy change in each of the areas of focus, we will gather information from a variety of sources.  Our readings will include policy reports, book chapters, news articles, research articles, legislation, court opinions, data analyses, and fiscal notes.  We will watch archived video of legislative hearings and attend contemporaneous hearings at the Texas Legislature if the opportunity arises.  And to deepen our analysis, we will interview or have guest presentations by various stakeholders who have been intimately involved in the policy development process in each of these focus areas. 

We will also have role-playing exercises in which students prepare oral legislative testimony on a particular topic, taking on the persona of various stakeholders in the policy debate, while other students stand in the role of legislators.

Students in this course will gain skills in policy analysis, as well as become better prepared to participate effectively in the policy-making process as legislative staffers, policy analysts, advocates, or citizens.  They will also learn a great deal about youth justice issues, in Texas and beyond.

The course will have a heavy reading load, but the material will all be interesting and accessible.  Students will be evaluated on the basis of class participation, a policy memo, their legislative testimony, and a final team research and writing project.  There may also be some shorter writing assignments, some of which may not be graded.  There is no exam.

This seminar is open to students in both the LBJ School and the Law School and is cross-listed in both schools.