Course Schedule

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.

Tort law, like most law, is constantly evolving in response to changing circumstances and shifting social values and convictions. Often, this evolution involves small adjustments to existing legal principles. At other times, however, the warranted response is more transformative. For instance, the growing threat of global warming and, in particular, the significant role humans play in contributing to it may call for a transformative shift in how we understand and apply the tort of public nuisance. Another is the increasing awareness of the danger posed by private, rather than merely state, suppression of speech. Online platforms, employers, and even landlords often engage in censorship, leaving platform users, employees, and tenants unable to engage in expressive acts. Although tort liability for private censorship remains limited, recent developments suggest that changes in the law may be on the horizon. This course will offer in-depth examinations of these and other important transformations in and around the law of torts. At a more general level, engaging in these micro-based analyses of the law of torts can illuminate the broader, macro-based questions such as how tort law can respond to emerging challenges and what tort law is for. By examining these shifts, the course will address not only the future of tort law but also foundational questions about its role of addressing the demands of freedom, equality, justice, and legitimacy in a rapidly evolving world.

No casebook will be used.

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 could also be called "everything you always wanted to know about commercial liabilities, but were afraid to ask." This course focuses on real contracts with real risks. The writing component is significant. Homework will be worked in small groups and due periodically. The mid-term writing assignment will be anonymous and ungraded. We may discuss your group's homework assignments during class. Grading will consider a final exam and in-class participation (as discussed in detail in the syllabus). We 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 agreements were prepared by committees of the American Bar Association. We will also study a confidentiality agreement, non-compete agreement and a waiver of liability. Finally, we may study an intellectual property license and several other common agreements. These documents are complex and lengthy. We will study the liabilities in each document in detail. the However, we do not study commercial terms, such as profit. Prerequisite: A consuming desired to practice transactions law. Also, first year torts and first year contracts.

This class has two primary purposes. It will be a course in U.S. Constitutional law that focuses primarily on the allocation of powers with limited attention to the protection of individual liberties. The second purpose of the course is to have foreign lawyers experience how most U.S. students experience the study of constitutional law. For example, there are very few lectures. I teach primarily using the Socratic method. That means that students must come to class well prepared and will be called upon and engage with me and their classmates.

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. Designed as a comprehensive overview, the course will cover key aspects of the U.S. legal system, including the U.S. Constitution and the functions and procedures of civil and criminal courts, and introduce key concepts and principles of the law of contracts, torts, and property in the United States. Throughout the course, emphasis will be placed on comparing and contrasting U.S. legal principles with those of students' home jurisdictions, facilitating a deeper understanding of the similarities and differences between legal systems. Guest speakers, case studies, and practical exercises will complement traditional lectures, providing students with a comprehensive and practical foundation in U.S. law. 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.

Renewed interest in nuclear energy is being driven by the convergence of rapidly rising electricity demand, the need for firm and reliable carbon-free generation, growing concern over energy security and domestic fuel resilience, and the search for scalable power sources to support AI, data centers, advanced manufacturing, and electrification. This short course provides a practical introduction to the legal and regulatory framework governing civilian nuclear energy in the United States. It focuses on the statutory, regulatory, and policy issues most central to understanding how nuclear projects are licensed, regulated, and advanced in the United States today. The course seeks to give students a working understanding of the Atomic Energy Act and related statutes, the structure and processes of the U.S. Nuclear Regulatory Commission, reactor licensing pathways, environmental reviews, adjudicatory practice, spent fuel management, financial protection and liability under the Price Anderson Act, and rapidly evolving federal and state policies affecting both the current fleet and advanced reactor deployments. Particular emphasis will be placed on the legal issues that arise in real-world project development and regulation, including licensing strategy, hearing rights, judicial review, regulatory modernization, waste disposition, and the emerging role of Texas in advanced nuclear deployment.

This class will prepare students to counsel early-stage companies and investors through a myriad of startup related transactions and situations. We will begin with a brief history of venture to understand the foundation of the practice, and then explore, in detail, aspects of structuring a venture backed company, raising capital, interacting with investors, and typical commercial agreements germane to a startup. Students will be expected to read, interpret, and draft common venture financing documents and identify and provide counsel on typical founder and early-stage company issues. The final grade will have four parts: class attendance (10%), two drafting exercises (each 25%), and a final exam (40%). The final exam will be multiple choice/short answer based, similar to most legal issue spotting exams.

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.

Less than 45% of the U.S. population has any formal education beyond high school but almost 65% of all jobs require a postsecondary degree or credential. This gap means millions of jobs remain unfilled and, worse, millions of Americans are unable to find work. Without the right education, many Americans are locked into poverty and out of economic mobility. What is the government’s role in addressing this mismatch? Local governments currently offer free education from kindergarten through high school. Should government also offer free post-secondary education (free college) or training? Are there changes that can be made to K-12 education to make high school graduates more employable in today’s economy? What interventions are needed to help working adults obtain the education they need to advance in their careers? What about job quality and livable wages? These are the types of questions that form the foundation of workforce policy, an inter-disciplinary area of public policy that sits at the intersection of education and the labor market. Its purpose is to foster economic growth and reduce poverty by aligning the skills of a local workforce with the evolving needs of nearby industries. It includes public policies related to K-12 and post-secondary education, job specific training, and adult education, and it connects with societal challenges related to economic mobility, the future of work, immigration, and incarceration. This course will introduce students to the dynamic field of workforce development policy. Students will build a foundational understanding of the current workforce preparation ecosystem including today’s key players, programs, funding streams, and policy questions. They will also learn how to critically evaluate workforce programming by examining successful and unsuccessful efforts over time. Classes will be taught using experiential learning – we will use real world situations and discussions with visiting practitioners to interactively learn together. The course will be taught by a former Fortune 500 C-suite business executive and social impact entrepreneur, who has been building workforce programs for over 30 years. She has a proven track record of helping companies and communities build competitive, diverse workforce pipelines at the local, state, national, and international levels.

This course examines the legal frameworks that shape the civil rights of children and youth in the United States, with a particular focus on education, juvenile justice, and access to legal advocacy.

Through case law, statutes, policy analysis, and real-world advocacy examples, students will explore the constellation of laws and policies that both support and limit student’s rights. The course centers on key issues including the right to education, school discipline and policing, student speech and expression, disability rights, discrimination and harassment, and language access. Students will also analyze the role of federal civil rights enforcement, including administrative complaints and litigation strategies, as well as emerging legal and policy debates shaping youth rights today.

Grounded in a movement lawyering framework, the course emphasizes the lived experiences of young people and the advocacy efforts of families, organizers, and civil rights practitioners. Students will engage in practical skill-building through simulated advocacy exercises, policy analysis, and the development of actionable tools and resources.

This class examines the policy development process through the lens of youth justice, a rapidly changing part of the criminal legal system due to shifting philosophies, social science research, and decisions of the U.S. Supreme Court. Because youth justice systems around the United States are in such tremendous flux, they provide a perfect vehicle for us to consider the various components of the policy development process.

We will examine the evolution of policy in this arena by looking backwards, historically, at the policies that dominated the juvenile justice landscape during the 1990s and 2000s. How did we get to the point where we are today? And we will examine changes in youth justice policies and practices as they are currently developing, across the country and in Texas, by conducting in-depth analyses of contemporary case studies in youth justice policy. Those case studies will likely include:

• (1) school discipline and the use of police in schools
• (2) reductions in the use of juvenile incarceration and the shift towards community-based programs;
• (3) juvenile life without parole; and
• (4) raising the age of criminal responsibility from 17 to 18.

These case studies will allow us to explore how policy problems are conceptualized, framed, and analyzed; how the issues make it onto the public agenda; the influences on and determinants of public policy; the shifting tides of public opinion; the roles of various government officials, agencies, and stakeholder entities; the impact of law and legal rulings on policy issues; and the processes by which policies are adopted and implemented. We will pay particular attention to the legislative process in Texas.  

As we study the issues, students will have the opportunity to apply what we learn about the policy-making process through role-playing exercises and writing assignments. We will have mock legislative hearings and briefings in which students serve as legislators and witnesses. Students will also learn to write policy memos, present oral and written legislative testimony, and—as part of a team—develop policy proposals, supporting documents, and strategy plans.

To help ground the course in real-world experiences, we will watch archived videos of legislative hearings at the Texas Capitol. Observing these hearings will provide insights into how policy initiatives are developed, adopted, and implemented, and greater awareness of what constitutes effective testimony. We may also have the opportunity to meet with one or more juvenile justice advocates and system practitioners, all of whom have been central to the youth justice policy development process in Texas.

This course is cross-listed between the LBJ School and the Law School.