Course Schedule

This course provides an introduction to legal doctrines and policy questions relating to the organization and operation of the administrative state. The focus is on federal administrative law, with significant attention devoted to judicial review of agency action, structural constitutional questions of separation and balance of powers, and procedural requirements under the Due Process Clause and Administrative Procedure Act. Students are required to participate in class on "on call" panel days. Grading will be based on satisfaction of the panel requirement and performance on a one-day, take-home examination.

This course will take a criminal case from its inception through trial, plea or dismissal. Students will perform skills weekly on different elements of the case such as intake evaluation, pretrial motions, plea negotiations, witness preparation and trial. Ethics will also be included. The course is recommended for those with an interest in a career in criminal law, especially those considering employment in either a prosecutor's or public defender’s office.

The class will be a combination of remote and in person exercises.  No student will be required to appear in person, but students will be given the option of doing so on some of the class days.  The hope is to give students the chance to perform in ways that are currently being used in different jurisdictions around the country.    Obviously this is evolving and subject to change.  The plan is also to involve guest appearances by some former students who took this class and are now working in public defender or prosecutor’s offices.

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. Students will be exposed to a variety of geopolitical scenarios and working in conjunction with a “national security team” they 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, students 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. Students 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.

This class is limited to 3L students. It is for students who have mastered the basic and advanced advocacy skills and will focus on cutting-edge advocacy theories and techniques. The class combines both discussion and practice sessions focusing on both traditional legal exercises and other experimental approaches to advocacy. Students will also spend several weeks learning and practicing how to conduct a voir dire examination and will perform a full voir dire using independent jurors.  Students will work with doctors from the Dell Medical School on a trial. This class operates in a seminar fashion as well as focusing on skills-based training. The class has an extensive reading/discussion list in addition to the skill work and outside research. Suggested prerequisites: Evidence, Advocacy Survey, and advanced Advocacy work such as appellate advocacy, Intensive Litigation Advocacy Skills, ADR courses, clinics, or interscholastic mock trial participation.

You spent the first year of law school analyzing published cases. The emphasis of much of your reading was on the results of published cases and the legal principles each case teaches. Importantly, while trial court judges can publish written opinions on discreet issues, most of your previous reading focused on appellate court opinions. Every appellate court opinion begins with a narrative of the facts. The facts are critical in developing the legal opinions pronounced by the opinion. The way the facts are recited often allows the reader to begin developing a just result in the case simply by the way the facts are presented.

But what does the first year of law school teach you about developing facts? We certainly spend a great deal of time analyzing facts, but how do you produce them? How do facts become evidence? Why do some facts seem to matter more than other facts? At a time in our society when it is hard to find common ground on what constitutes an objective fact, how do current attitudes (and social media) affect our profession where so much of the law depends upon the facts?

And nestled somewhere between Evidence and Federal Courts perhaps our Course Catalog will one day have a class devoted entirely to Facts. Because no matter what type of law you practice, you’re going to have to deal with the facts of your case. You’re going to have to deal with the good facts, the bad facts, and the ambiguous facts. Whether you practice Admiralty Law or Wills and Estates, you must wrestle with disputed facts. And mostly importantly you, the lawyer, must find facts. Facts do not announce themselves, and rarely does the judge or jury understand the significance of any fact. Like latent fingerprints, we often see only remnants and traces of facts. These facts are never reviewed by an appellate court unless they are collected, preserved, interpreted, presented, and introduced as evidence. It is our job to find truth and extract justice for our clients by distilling the vapor of nuance from these latent facts.  

This class is a guide to that process.

This class has a mandatory evening skills component (Monday or Wednesday evening). Students must register for both the lecture (376M) and either Monday or Wednesday evening skills portion (176N) of the class. Please note, the evening Skills portion of the class will not begin until week 5 or 6 of the semester and will run for eight weeks. Advocacy Survey is designed for all law students. While focusing primarily on trial skills, the course will also cover topics such as transactional practice, motion practice and alternative dispute resolution. By combining theory through the lecture sessions with technique training in skills sessions, students are able to practice what they learn. Students get hands-on practice in areas such as opening and closing statements, the use and relevance of technology in litigation, transferable skills for a transactional practice, and the basic skills necessary to try a case. The skill sessions will end with the trial of a case. Students will examine a case file from pretrial motions, transactional, ADR, arbitration, voir dire, and trial.

This is a 4-credit series (1 credit pass/fail, 3 credits graded).

Prerequisite or Concurrent: Evidence.

Students get hands-on practice in areas such as opening and closing statements, the use and relevance of technology in litigation, transferable skills for a transactional practice, and the basic skills necessary to try a case. The skill sessions will end with the trial of a case.

 Students get hands-on practice in areas such as opening and closing statements, the use and relevance of technology in litigation, transferable skills for a transactional practice, and the basic skills necessary to try a case. The skill sessions will end with the trial of a case.

This course focuses on the changing health and supportive care needs of an aging metropolis. We examine the influences of political and economic forces that shape public policies related to health and social welfare policy using Austin as a case example. Potential topics to be covered are affordable housing, homelessness, transportation, medical care, social services, access to electronic media, and income supports. One potential way of addressing this new reality that the instructor has been involved with in recent years is intergenerational day centers (IDC) that combine adult day health care and childcare services.

ALTERNATIVE DISPUTE RESOLUTION (3 HOUR COURSE) The Alternative Dispute Resolution Survey course is designed to provide a broad-based introduction to negotiation, mediation, and arbitration, for students interested in either advocacy or transactional practices.  ADR methods are now more common than the courtroom for resolving civil disputes; more than 99% of civil cases are settled before trial, if cases are even filed at the courthouse. Many commercial agreements now contain mandatory mediation/arbitration provisions, and statutory and case law both favor ADR. This course will examine the policy and business reasons for the rise in ADR; explore the various ADR methods; discuss negotiating and why lawyers must learn successful negotiating skills; and provide students with an opportunity to experience these concepts through class exercises. The professor is a 30+year litigation attorney with substantial experience to both trial and ADR disputes, and she brings a practical, real-world approach to the lectures and exercises. There will be no exam, but a final written project is required. Grading will be based upon class participation, attendance, and the final paper. Please note: Students may only miss two classes per semester, additional absences will be reflected in a lower grade.

Is there a place in the law for the consideration of the interests of animals? Throughout the semester, we will examine the jurisprudential basis and theoretical underpinnings of the current status of animals in our legal system. Students will read a diverse cross-section of legal theory and case law delving into controversial moral, ethical, and public policy considerations in balancing the interests of animals and humans. Thus, we will study animal law through the prism of traditional legal disciplines, including tort, contract, criminal, regulatory, administrative, and constitutional law. This is not an animal rights course. Rather, students will be expected to come to class prepared and ready to challenge one another to consider whether the law has a place for animals, and if so, where we should draw the line. From time to time, guests with expertise in relevant legal areas will be invited to address the class. One-third of each student’s course grade will be based on regular class attendance and substantive participation demonstrating thoughtful review of the assigned materials prior to class. (Students who arrive substantially late or leave early may not be credited for having attending class. Anyone experiencing or anticipating excessive absences is strongly encouraged to contact the instructor.) As a final project, students will apply their knowledge from the course to prepare an original law review-style research paper at least 20 pages long on an approved topic of their choosing. The paper, which is not graded anonymously, will constitute two-thirds of the course grade. Each student also will make a brief presentation on his or her paper during one of the final two class sessions, which will be considered in evaluating class participation.

This pass-fail course teaches students to do the work of an appellate clerk. We will analyze briefs and record excerpts, write sample bench memos, and draft and edit opinions. I expect students to attend every class unless excused. The class is limited to twelve students, but students who have accepted an appellate clerkship will have priority.

This course will analyze the origins of arbitration, its use in dispute resolution, and explore tactics for navigating arbitration.  It involves active class participation designed to mimic the arbitration process: drafting and negotiating arbitration clauses; selecting the arbitrator; presenting a claim; and will conclude with a mock arbitration. The teaching goal is to prepare students for drafting clauses for arbitration, engaging in arbitration, and evaluating the decision to resolve disputes through arbitration from the perspective of practicing attorneys and arbitrators.

Prerequisite: Secured Credit. The prerequisite may be concurrent, that is, taken during the same semester.

This course covers Title 11 of the U.S. Code, the Bankruptcy Code. It includes both consumer and business bankruptcy and a modest introduction to state law collection issues. Students learn the basic concepts of "straight" bankruptcy liquidation (Chapter 7), in which a trustee is appointed to sell the debtor's assets and pay the proceeds to the creditors. For consumers, that topic includes the fresh start--the discharge of all pre-existing debt--and the identification of exempt assets. Students also study the rehabilitation provisions, under which the debtor attempts to pay all or some part of the pre- bankruptcy debt: Chapter 13 payout plans for consumers and Chapter 11 reorganization proceedings for businesses. Principal attention is given to the substance of the bankruptcy laws, including the "avoiding powers" (for example, preferences, fraudulent conveyances, and rejection of executory contracts), treatment of secured creditors (including the automatic stay against repossession or foreclosure), and priorities in asset distribution. More than half of the course is devoted to business reorganizations in Chapter 11 [cases like Sears, Hertz and Neiman Marcus], including the legal requirements for confirmation of a plan of reorganization and "cramdown" of recalcitrant creditors. Questions of jurisdiction and procedure are introduced, but are not the major focus of the course. The course attempts to give balanced attention to the practice realities of negotiation and leverage within a complex of doctrinal rules and to the social and economic consequences of the bankruptcy system in both its consumer and commercial manifestations.

This is the basic introductory course in business organizations. It considers issues relating to the selection of business form (partnership, limited partnership, corporation, and limited liability company), as well as the formation, financing, operation, and control of business entities. Primary emphasis is placed on conducting business in the corporate form, including closely-held and publicly-held corporations. Issues discussed in connection with public corporations include registration of securities, proxy regulation, and derivative litigation. Corporate Governance is examined in light of the collapse of Enron and other public companies. Problems in the supplementary materials demonstrate how the statutes and common law principles covered in the course apply in a real world setting. A student may not receive credit for both Corporations and Business Associations or Business Associations (Enriched).

This course is an introduction to the basic legal rules governing corporations. The course will focus on publicly held corporations. Among the topics covered will be fiduciary duties, conflict-of-interest transactions, reorganizations and control transactions, shareholder voting rights, and shareholder derivative suits. Issues relating to partnerships and securities law may also be reviewed. Corporations and Business Association, Business Associations, and Business Associations (Enriched) may not be repeated for credit.

This course is an introduction to the basic legal rules governing corporations. The course will focus on publicly held corporations. Among the topics covered will be fiduciary duties, conflict-of-interest transactions, executive compensation, reorganizations and control transactions, shareholder voting rights, and shareholder derivative suits. Issues relating to partnerships and securities law may also be reviewed. A student may not receive credit for both Business Associations for LLMs and Business Associations or Business Associations (Enriched) or Corporations.

This course will examine some general jurisprudential and moral issues related to the American system of capital punishment. The course will focus primarily on the development of the law governing capital punishment in the United States since 1970. Some of the main themes include: the legal structure of the Supreme Court's post-1970 death penalty jurisprudence, the scope of available appellate and post-conviction review in capital cases (particularly federal habeas review), the ubiquitous problems surrounding the representation afforded indigent capital defendants, proportionality limits on the imposition of the death penalty for various offenders (e.g., juveniles and persons with mental retardation), the role of racial discrimination in the administration of the death penalty, and the likely trajectory of the American death penalty. The course will be graded on a letter-grade basis for all students.  This course will satisfy the constitutional law II requirement.

The ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Cases (2003) state that “the responsibilities of defense counsel in a death penalty case are uniquely demanding, both in the knowledge that counsel must possess and in the skills he or she must master.” This advanced death penalty course studies various aspects of capital trial defense that must be mastered to meet contemporary standards of practice. The course addresses defense counsel’s duty to conduct a comprehensive investigation of the client’s social history; counsel’s duty to identify and investigate issues of trauma, race, culture, and mental health presented by the client and the case; counsel’s duty to pursue a negotiated settlement of the case; and counsel’s duty to develop an integrated theory of the case. Classes alternate between traditional lectures and class discussion of assigned readings, presentations by occasional guest speakers, and workshops in which students will apply course reading and instruction to a series of lawyering assignments related to an actual pending capital case.

Introduction to the civil adjudicative process, primarily that of the federal courts, including jurisdiction, pleading, dispositive motions, discovery, and trial procedure.

Introduction to the civil adjudicative process, primarily that of the federal courts, including jurisdiction, pleading, dispositive motions, discovery, and trial procedure.

ACTUAL INNOCENCE CLINIC IS A 6-HR. CLINIC. Students screen and investigate claims by inmates that they are actually innocent of the offenses for which they are incarcerated. While investigating cases, students typically interview witnesses, research cases and issues of forensic science, and review trial transcripts and other court documents. The weekly clinic class addresses topics relevant to actual innocence law and procedure.

An application is required.

This clinic provides students with the opportunity to assist in the representation of indigent criminal defendants charged with or convicted of capital offenses. Students work under the supervision of attorneys on death penalty cases at the trial, appellate, and post-conviction stages of the legal process. Students perform various tasks that are integral to death penalty representation, including visiting clients on death row; interviewing witnesses and conducting field investigations; drafting motions, appellate briefs, and habeas petitions; and assisting attorneys in the preparation for trials, evidentiary hearings, and appellate arguments.

Clinic students are expected to devote an average of 10 hours of work per week to their clinical responsibilities during the semester, though the workload in any given week will vary, depending on the needs of the case to which the student is assigned. Investigative work on some cases may require out-of-town travel. The Clinic meets once a week as a class (two hours) for training and practical skills sessions related to death penalty representation. Attendance at these sessions is mandatory.

As a prerequisite to enrolling in the Clinic, students are required to take concurrently, or to have taken previously, the Capital Punishment course (Law 278R / 378R). First-semester second-year students are welcome to enroll in both the Clinic and the Capital Punishment course, which takes as its subject the substantive and procedural law governing death penalty trials and appeals. A background in Texas and federal constitutional criminal procedure is also extremely helpful, but not required, to enroll in the Clinic. Grading is pass/fail. There is no paper or examination.

An application is required.

This clinic provides students with the opportunity to assist in the representation of indigent criminal defendants charged with or convicted of capital offenses. Students work under the supervision of attorneys on death penalty cases at the trial, appellate, and post-conviction stages of the legal process. Students perform various tasks that are integral to death penalty representation, including visiting clients on death row; interviewing witnesses and conducting field investigations; drafting motions, appellate briefs, and habeas petitions; and assisting attorneys in the preparation for trials, evidentiary hearings, and appellate arguments.

Clinic students are expected to devote an average of 10 hours of work per week to their clinical responsibilities during the semester, though the workload in any given week will vary, depending on the needs of the case to which the student is assigned. Investigative work on some cases may require out-of-town travel. The Clinic meets once a week as a class (two hours) for training and practical skills sessions related to death penalty representation. Attendance at these sessions is mandatory.

As a prerequisite to enrolling in the Clinic, students are required to take concurrently, or to have taken previously, the Capital Punishment course (Law 278R / 378R). First-semester second-year students are welcome to enroll in both the Clinic and the Capital Punishment course, which takes as its subject the substantive and procedural law governing death penalty trials and appeals. A background in Texas and federal constitutional criminal procedure is also extremely helpful, but not required, to enroll in the Clinic. Grading is pass/fail. There is no paper or examination.

An application is required.

Students in the Children's Rights Clinic represent allegedly abused or neglected children in Travis County as their attorney ad litem. The cases are brought by the Texas Department of Family and Protective Services (DFPS). The state may intervene in a family in a variety of ways, including seeking temporary or permanent custody of a child or termination of parental rights and adoption. 

Two very experienced attorneys, Clinical Professors Lori Duke and Leslie Strauch, supervise the representation of clients by the student attorney. The supervising attorneys sign pleadings drafted by the students and accompany them at every court hearing, deposition, and trial on the merits. However, within a week or two, a student can expect to "sit first chair" at hearings, and also is expected to research and prepare the case.

Each student attorney will be assigned a mix of newly filed cases and other cases in various stages of development. If the case goes to final hearing, student participation in the trial will vary from partial to extensive. Each student will have multiple opportunities to appear in court during the semester. Some students will have the opportunity to participate in a bench trial. Occasionally students will participate in a jury trial. Students are likely to participate in mediation. In representing clients, students meet with a wide variety of persons, including medical and mental health professionals, teachers, foster parents, caseworkers and social workers, attorneys, layperson CASA volunteers who may serve as guardians, and police officers.

Court is generally Tuesday morning.  The class meets once a week to focus on substantive law, procedure, and ethics, as well as child welfare policy. In addition to the classroom component, each student should expect to average about 9 hours per week on clinic fieldwork (for a total of 135 hours). The weekly workload varies. Students are required to visit their child clients. Sometimes these client visits require travel outside of Travis County (with travel reimbursed).

There are no prerequisites for the course. Students, however, must meet Texas requirements for the participation of qualified law students in the trial of cases under rules promulgated by the Texas Supreme Court. The course is pass/fail. There is no paper or final exam. The course counts toward the ABA Experiential Learning Requirement. 

An application is required.

Students in the Civil Rights Clinic represent clients in civil rights matters. Such matters include police misconduct, jail mistreatment, housing justice, unlawful immigration detention, worker’s rights, and disability discrimination. Students work on cases and law reform advocacy projects with co-counsel from civil rights organizations and attorneys across the country, under the supervision of clinic faculty. Through clinic work, students hone lawyering skills, including fact investigation, drafting pleadings, discovery and depositions, legal research and writing, case development and selection, and client or witness interviewing. Students work on cases in teams, meeting with supervising clinic faculty on at least a weekly basis. Students also participate in a classroom seminar, in which students learn relevant substantive and procedural law, discuss the political and social contexts of civil rights cases, and think through how to resolve legal problems effectively and ethically. The seminar meets twice a week for a total of three hours. The supervising Clinic faculty member is Clinical Professor Lia Sifuentes Davis. The clinic is offered in the fall and spring, for six (6) credits, pass/ fail. The Clinic is open to students who have completed their first two semesters. Students should expect to devote an average of 10-12 hours per week for casework and seminar preparation. For more information, see https://law.utexas.edu/clinics/civil-rights/.

An application is required.

Students, working pursuant to the clinical practice rule and under the supervision of CDC faculty, represent people charged with misdemeanors in Travis County.  Students function as lead counsel, working directly with clients to identify goals for the representation and to develop strategies in an effort to achieve the best possible outcome. Students maintain a primary role at all court appearances, whether those appearances involve negotiations, discussions with a judge, evidentiary hearings, or trial. Depending on the stage of assigned cases, other responsibilities often include investigation, discovery practice, and drafting of motions.  

Students may not be enrolled in another clinic. An application is required.

What is the DRC? 

Students in the Disability Rights Clinic (DRC) represent clients with disabilities in a variety of legal contexts.  In the fall semester of 2023, students will represent low-income parents of children with disabilities in cases brought against school districts that have violated state and federal special education and anti-discrimination laws. 

What kind of experience will I gain? 

DRC students draft civil complaints, develop expert testimony, mediate their cases, and try them when necessary.  Students work in teams on one to three cases, depending on their areas of interest, client need, and capacity. 

Will I work to resolve disputes?

Significant focus and attention is given to ADR in DRC. Students serve as lead student counsellors in formal mediation of their complaints before mediators on contract with the Texas Education Agency.  Through this model, students develop skills common to both litigation (drafting, discovery, witness prep) and transactional (negotiation, line-editing, creative problem-solving) practices.

Will I have much client contact? 

Yes!  Students practice the skills involved in building trust with their child clients and families through regular counselling by phone, zoom, and sometimes through in-person home visits. The DRC emphasizes the art of making the law accessible to nonlawyer parents and, where possible, their children.  

How does DRC get its clients?

Families needing DRC legal services are selected primarily through a medical-legal partnership with the Dell Children’s Medical Group and other state-wide partners.  Many of the children served live in under-resourced rural communities, and a majority are young children of color.  Some children are in foster care or have experienced housing instability, and a large number have been identified as having autism.

What kinds of situations do DRC clients confront?

DRC students have worked on cases in which educators have physically abused or neglected children with disabilities, put into segregated and locked education settings kids whose conduct was driven by unmet disability-related need, and failed to therapies and other critical related services necessary for kids' inclusion in school. Many of our cases have involved kids whose behavior has become challenging because of the lack of appropriate services, and some have involved contested hearings in the suspension and expulsion contexts.  

What are the course requirements?

The Disability Rights Clinic meets once per week for two hours. Grading is on a pass/fail basis for this four-credit hour clinic. There is no final exam or paper. Students should expect to spend 10-15 hours per week on clinic work, including class time. 

Roughly one-third of class time is devoted to understanding and discussing substantive education law and how it plays out "on the ground" in Texas school districts.  Additional class sessions are used to teach and practice specific skills involved in identifying and analyzing the strength and weakness of legal claims, drafting, working with experts, negotiating, conducting formal mediation, and putting on witnesses at hearing.  Each week, students deepen their understanding of special education law practice by presenting their case developments and giving feedback through case rounds.   

Students are encouraged to apply for the Clinic early as enrollment is limited and faculty permission is required to register. Students should submit an electronic application by the end of the application window. For more information, contact Professor Lucy Wood at lwood@law.utexas.edu or at (512) 626-2060.

Taught by Professor Lucy Wood 4 credits (pass/fail) — offered Fall and Spring The clinic is open to students who have completed their first two semesters.

Who should take this clinic?

Students who want to gain experience in litigation and/or mediation, and those who would like to go on to represent children or people with disabilities in either a pro bono or public interest practice, should consider this clinic.  DRC partners with it several of its graduates in Big Law to broaden its reach. Graduates of DRC have worked in large law firms supporting special education work as a pro bono focus, in mid-size firm practice representing school districts, as lawyers in nonprofit settings representing persons with disabilities, in juvenile and criminal defense work, and in governmental entities requiring expertise in education or disability law.  

 An application is required.

DOMESTIC VIOLENCE CLINIC IS A 6-HR. CLINIC.  Grading is Pass/Fail.  The clinical component of this course will involve student representation of domestic violence survivors in a myriad of legal problems, including custody, divorce, visitation, housing, protective orders, parole advocacy and occasionally in consumer and public assistance matters. Further, students will perform parole advocacy on behalf of survivors of domestic violence who are in prison due to their victimization.

The class sessions will cover the matters relevant in civil domestic violence cases: safety planning, comprehensive intake, case analysis and handling, investigation, negotiation, trial preparation, discovery, and temporary and permanent orders, including protective orders.   

In addition to regular class time, there are five additional mandatory time commitments for participation in the Domestic Violence Clinic:

1. Orientation will be the Saturday before school starts, August 26th from 10:00 a.m. – 3:00 p.m. This is a mandatory meeting. You may not participate in the Clinic if you do not attend the orientation class. Please mark your calendar now.
2. A one-hour weekly meeting with the supervising attorney.
3. You will be scheduled for 4 hours per week office hours/phone duty at the Clinic.
4. You will be expected to document an average of eleven hours per week on your cases towards the hours required for clinic credit.
5. This is a litigation clinic, and you will be first chairing your cases. Court appearances may require that you miss class.

Due to these requirements, you may not take another clinic or internship at the same time that you take this clinic.  

Prerequisites: Students enrolling should not be on scholastic probation. No other clinics may be taken at the same time as this clinic. An application is required.

Taught by Frances Leos Martinez, Clinic Director, and Heather K. Way. The Clinic is open to students who have completed their first two semesters. 6 credits (pass/fail) — offered in the Fall and Spring. Students must register for Law 697C.

The Entrepreneurship and Community Development Clinic provides students with a unique opportunity to develop business law and problem-solving skills while representing clients operating community enterprises -- small businesses, entrepreneurs, creatives, nonprofit organizations, and community groups.

Students learn how to represent their clients on a broad variety of transactional business law matters. Typical legal matters include:

• assisting businesses with choice of entity decisions
• forming for-profit and nonprofit entities
• applying to the IRS for tax-exempt status
• drafting and negotiating contracts
• providing legal advice to nonprofit boards of directors and staff
• drafting lending and real estate documents
• assisting with intellectual property matters

Clinic students learn how to represent their clients through clinic classes, weekly team meetings with their clinic supervisor, and independent research and initiative. The Clinic classes emphasize the applicable substantive law; the larger social and theoretical context of the Clinic’s work; and the development of practical lawyering skills including interviewing, counseling, negotiating, contract drafting, and public speaking.  

The Clinic class meets on Monday afternoons from 2:30-4:30 pm. Three classes will run to 5:30 p.m.. There is a mandatory orientation class on the first Friday of the semester, from 1:00 pm – 4:30 pm. In addition to class, students are required to keep a weekly schedule of eight in-clinic office hours, over the course of three days from Monday-Friday, 8-5. The Clinic is a significant time commitment. Students are expected to devote an average of 16-19 hours a week to the Clinic, including class time and in-clinic office hours. Attendance is required at the orientation and all classes and case rounds.

Enrollment is by application only. Students are encouraged to apply for the Clinic early as the Clinic fills up quickly. Students may request to be placed on a waiting list if space is unavailable during registration. Grading is on a pass/fail basis for this six-credit hour clinic. 

There are no prerequisites for this clinic, although a background in business law (such as business associations, real estate, or tax law) or policy work will come in handy.

An application is required. For additional information, you may contact the Clinic Director Frances Leos Martinez (fmartinez@law.utexas.edu, 512-232-1222), or the Clinic Program Coordinator (ecdc@law.utexas.edu).

ENVIRONMENTAL CLINIC – 6 credits, pass/fail (application required)

Students in the Environmental Clinic work with non governmental organizations and underserved communities throughout Texas to advocate for solutions to today’s pressing environmental problems, including environmental injustice and climate change.  Students in the Clinic learn to think creatively about how to use the law to protect and improve environmental quality and public health. 

Students work on cases in teams, under the supervision of clinic faculty, and should expect to spend 10-12 hours per week working on clinic cases. Recent clinic projects have included:

• civil rights complaints,
• environmental enforcement in federal courts,
• work to ensure access to clean drinking water
• permitting and rulemaking proceedings before courts and administrative agencies,
• nuisance actions,
• community education,
• pollution monitoring, and
• environmental policy research.

Through their work on cases, students in the Clinic have gained practical experience with factual investigation and analysis, community education, administrative research and advocacy before regulatory agencies, and legal drafting and litigation support.

Students also participate in a weekly two-hour seminar in which you will gain practice navigating environmental statutes and rules and discuss environmental laws, environmental justice, the role of lawyers in social movements, and the efficacy of current laws for protecting health and the environment.  

The Clinic is open to students who have completed their first two semesters. There is no prerequisite for the clinic. 

An application is required.

For additional information regarding the clinic, contact Clinic Director Kelly Haragan (kharagan@law.utexas.edu, 512-232-2654) or Clinic Administrator Katy Thaler (environmentalclinic@law.utexas.edu).

This is a four-credit hour clinic. It is offered only in the spring. Students in this clinic represent low-income families on their housing-related legal problems. 

The primary focus of the work is helping clients to avoid homelessness and to obtain affordable housing. Students represent clients on a myriad of issues related to low-income housing programs. The work includes representing clients in threatened evictions, rent issues, threatened section 8 voucher terminations, and on denials of public housing, subsidized housing, and section 8 voucher housing. The work is especially interesting not only because of the compelling needs of the clients and the often egregious actions of the adverse party, but because of the intersection of federal housing law and federal regulations, state landlord-tenant law and contract law. Moreover, many clients are persons with mental disabilities; representation requires use of the Fair Housing Act and the reasonable accommodation provision -- an area of the law that is rapidly evolving.

Two examples of cases from recent clinics: (1) One student represented a public housing client who had been on the waiting list for a section 8 housing voucher for over four years but consistently passed over because she resided in public housing. Congress has prohibited public housing authorities from penalizing families applying for a voucher because they live in public housing. The student wrote the housing authority demanding a change in the policy and threatening suit. The housing authority changed its policy -- benefiting a number of public housing families. The client was subsequently awarded a voucher. (2) Another student represented a client who had been denied a subsidized apartment on the basis of a sixteen-year old drug conviction. The student wrote a demand letter to the owner’s attorney. The attorney responded defending the owner’s policy and rejecting the efforts to resolve the case. The student drafted a lawsuit petition and filed suit before the clinic term ended. The suit subsequently settled with the landlord changing its policies and adopting reasonable criminal history “look-back periods.” These are but two examples. Other students have defended evictions, represented clients in section 8 voucher termination cases, challenged rent calculations by subsidized owners and public housing authorities, filed bill of review lawsuits challenging eviction judgments, and drafted real estate documents clearing title to property for low-income homeowners. The work is fast-paced and challenging, with a great deal of client and opposing party interaction. Most cases are completed during the semester, allowing the student to see the case from beginning to end.

A weekly class is held at the offices of Texas RioGrande Legal Aid. Students must also spend a minimum of eight hours a week working on their clients’ cases at Legal Aid. Those hours must be spread over two or (preferably) three different days during the week. Cases are reviewed and discussed in class. Classroom lectures focus on tenant rights under federal housing programs and Texas landlord-tenant statutes. Significant classroom time is also spent on how to represent clients with the highest possible quality and ethics. All credit is awarded on the pass/fail basis. Participants must have completed at least forty-three semester hours in law. Students register for Law 497C by filling out an application. The application and instructions on how to apply for this clinic can be accessed on the web.

The Human Rights Clinic works to promote and protect human rights in Texas and around the world.

Through supervised practice, students learn the responsibilities and skills of human rights lawyering and advocacy. Mirroring the approach of practicing advocates, students work in small project teams, developing lawyering, advocacy and ethical skills and receiving intensive mentoring and feedback.

The Human Rights Clinic’s practice spans a wide range of issues, including sexual and reproductive rights; human rights and the environment; U.N. treaty bodies and special procedures; and many more. All the cases and projects involve research, writing, and an opportunity to discuss the strategies used by human rights advocates.

The cases and projects provide the students an opportunity to gain practical skills in partnering with other students, institutions, and organizations, thus forming a team of advocates. Finally, all the projects and cases allow a multidisciplinary approach and permit working across disciplines and use the perspectives of different fields to enhance the overall theoretical framework. Routinely the Clinic admits non-Law students.

The Clinic employs a variety of lawyering methods that are tailored to the needs of each project. These include: documentation and reporting; international litigation; advocacy. The clinic meets two times per week. Classroom lectures and discussion focus on substantive human rights law, client interviewing, case and project preparation and strategy and review of ongoing cases and projects. In addition to the classroom component, students should expect to spend 15–20 hours per week on clinic work. The weekly workload varies substantially, depending upon the stage of each project or case.

Clinic work may include some travel. Preference is given to students who have taken a human rights course or who have other human rights or public interest experience. 

An application is required.

Students in the Immigration Clinic represent vulnerable low-income immigrants from around the world before the immigration and federal courts and the Department of Homeland Security (DHS). Students gain hands-on experience by taking on the primary responsibility and decision-making authority for their cases under the mentorship of the Clinic faculty. The Clinic’s caseload varies each semester focused primarily on detention and deportation defense and asylum cases. The Clinic has handled cases for clients from, among other countries, Afghanistan, Colombia, Honduras, Guatemala, El Salvador, Eritrea, Mexico, and Pakistan. Students provide assistance and direct legal representation to migrants held in immigration detention centers. Students also engage in national and international human rights advocacy projects and collaborate with organizations to reform and improve the rights of immigrants in the United States. Through client representation and advocacy as well as the classroom component of the Clinic, students learn substantive immigration law. Students also develop client relationship skills and practice a variety of legal advocacy techniques. The Clinic allows students to explore different models for effective and collaborative lawyering.

The Immigration Clinic meets for class two times per week for an hour and a half. Grading is on a pass/fail basis for this six-credit hour clinic. There is no final exam or paper. Students should expect to spend 10-20 hours per week on clinic work, including class time and office hours. Students will occasionally travel to area detention facilities and to San Antonio where the Immigration Court and DHS offices are located. Students are encouraged to apply for the Clinic during the application window as enrollment is limited and faculty permission is required to register.

An application is required. For more information about the Immigration Clinic, contact Denise Gilman (dgilman@law.utexas.edu) or Elissa Steglich (esteglich@law.utexas.edu). 

JUVENILE JUSTICE CLINIC This program offers litigation experience while exposing students to the operations of the juvenile justice system, by placing them as student attorneys with the Travis County Juvenile Public Defender. Clients are indigent juveniles, aged 10 to 17, who are charged with criminal offenses ranging from Class B misdemeanors to first degree felonies. Student attorneys are assigned a caseload (four open cases at all times and approximately 8-10 cases per semester) for which they have primary responsibility under the supervision of an attorney in the public defender's office. The student attorneys perform all investigation, interview, discovery, plea bargain and litigation functions on their cases.

Student attorneys are required to have at least one morning each week (Monday through Thursday) when they are available to be in court to handle their plea adjudications/dispositions. Contested hearings are usually scheduled for the afternoon on the student attorney’s designated court day but varies according to the assigned judge's schedule. Students may be in court on other days but should have the opportunity to make specific requests or plan for the setting. The more flexible the student's schedule is the more opportunity for handling a variety of cases within the court’s scheduling of cases. In most instances, student attorneys will be in court approximately one day per week and be finished by 12:00 p.m. on their designated court day. Thursday is a popular court day for student attorneys; however, please be aware that there are a limited number of students who can be assigned a Thursday court day. Please take this into account when scheduling other classes and contact me if you have questions about your schedule. Approximately 15 plus hours per week will be required for working cases and for participating in the classroom component. The class meets on Tuesdays and Thursdays.

Each student will complete a mock hearing exercise that is recorded and held in the Eidman Courtroom. The exercise teaches the student to prepare for argument and examination of witnesses in the context of a hearing to suppress illegally seized evidence. The mock hearing occurs outside of the regular class meeting. Each Monday, Wednesday and Friday, Travis County Juvenile Court holds detention hearings to determine if juveniles who are being detained should be released. A public defender is present to provide representation for each juvenile who has a hearing that day. Student attorneys will each take responsibility as the public defender for three days of the semester. This teaches students to handle a large caseload in a very short time, and to think and act quickly. During the first month of the semester, the class has meetings on Fridays for tours usually between 11-1. The class travels outside of Austin to tour a Texas Juvenile Justice Department facility and meets with juveniles who have been sentenced to TJJD (this is usually 8-3 on a Friday). Additionally, the class adopts a local middle school at the end of the semester and speaks to seventh grade students about constitutional rights/protections and the consequences of violating the law. All credit is awarded on the pass/fail basis (six hours). The Clinic is open to students who have completed their first two semesters.

The Juvenile Justice Clinic provides a meaningful opportunity for students to learn juvenile law, interact with clients, advocate for your clients in court proceedings, and participate in educating children about the law. Please feel free to contact the professor if you have any questions. Pam Sigman, Director 512-619-3222

Students in the Law & Religion Clinic represent vulnerable individuals and groups of all faiths who face challenges to their religious liberty. This will involve a diverse array of clients, including, among others: prisoners, mosques, students, employees, churches, teachers, faith-based schools, sanctuary churches, synagogues, and immigrants. Students can expect to work on cases involving the Free Exercise Clause, the Establishment Clause, similar state constitutional provisions, the Religious Freedom Restoration Act, its state equivalents, antidiscrimination statutes, Title VII, and the Religious Land Use and Institutionalized Persons Act. Under the direction of clinic faculty, students will have the opportunity to be first chair on some matters or serve as co-counsel with various civil rights organizations and law firms on others. 

Through that work, they will develop lawyering skills they can apply in nearly any type of legal practice they pursue, including analyzing potential cases, client interviewing, fact investigation, representing and advising organizations, negotiation, drafting pleadings, dealing with opposing counsel, discovery and depositions, trial advocacy, and appellate work.

Students will work on cases in teams and will meet with Professors Greil and Collis as a group multiple times a week: to discuss their cases and in a classroom seminar where they will learn the substance and complexities of religion law (this will include some readings from a packet of key material). They will also have one-on-one sessions with the Professors to discuss how their lawyering skills are progressing and to counsel on other issues. The Clinic encourages students from all backgrounds, ideologies, religions, and beliefs to join.  

The clinic is offered in the fall and spring, for six (6) credits, pass/fail. The Clinic is open to students who have completed their first two semesters. You can find a broader description of the clinic and the Bech-Loughlin First Amendment Center here.

There are no prerequisites for this clinic. An application is required.

SUPREME COURT CLINIC IS A 6-CREDIT COURSE that provides students the opportunity to work on cases pending before the United States Supreme Court. Students will be assigned to represent actual clients that are before the Court as petitioners (those seeking review of adverse lower-court decisions), respondents (those defending favorable lower-court decisions), or amici curiae (those participating in other parties' cases because their interests could be affected by the Court's decision). Cases may be at either the certiorari or the merits stage and may be in almost any substantive area of law. Clinic cases may involve a wide range of issues, including federal statutory issues and constitutional issues.

As part of their Clinic work, students will learn about Supreme Court procedures and the strategic considerations relevant in Supreme Court practice. Students will evaluate their clients' substantive positions, research the relevant issues, participate in strategic planning, and help draft the briefs or other documents to be filed with the Court. They also will participate in identifying potential cases for the Clinic to handle. And they may have the opportunity to moot advocates scheduled to argue before the Court.  Students will work closely with other students, and under the supervision of experienced members of the Supreme Court bar (who will assume final responsibility for all documents filed with the Court). 

An application is required.

The TRANSNATIONAL WORKER RIGHTS CLINIC IS A 6-HR. CLINIC. Students in this clinic will represent low-income transnational migrant workers, who labor in Texas, in legal actions to recover unpaid wages for work they have performed, to combat workplace discrimination, and to enforce other basic employment rights. Students may also engage in related advocacy projects asserting the rights of low-wage workers – especially their right to access the U.S. justice system to fully enforce their employment rights, regardless of their citizenship or immigration status. The clinic gives students hands-on experience with civil litigation, basic employment law, public interest practice, and the evolving fields of immigrant employment rights and transnational migrant worker rights. The clinic seeks to enforce and understand employment rights of transnational workers working in Texas as an example of advocacy for the labor and human rights of immigrants and low-wage working people around the globe. Clinic students will serve as primary legal counsel representing immigrant and low-wage working people in federal and state employment litigation and administrative actions. Students will get the experience of working inside an independent public interest law firm and will be supervised and mentored by several of the nation's leading low-wage employment lawyers.

Depending on the requirements and the current litigation stage of each case, students will variously: interview and advise clients; investigate cases and develop legal action strategies; initiate and manage active litigation; negotiate with opposing employers and their lawyers; prepare litigation documents in the student's cases including pleadings, motions, and briefs; conduct discovery in the student's cases including written discovery and the taking of depositions; research legal issues; develop damages calculations; represent clients in hearings, court proceedings, and mediation; and negotiate and manage the final legal settlement or recovery of damages in the case. The clinic's legal advocacy is based on a community-lawyering model which seeks to accomplish more than just winning individual cases; the clinic also aims to promote systemic reforms that make the justice system more fair for transnational workers and to empower clients with the knowledge, skills, and collective capacity through which they can advance their own employment rights. In addition, the clinic seeks to ground each student's particular casework within the dynamic, emerging field of transnational labor rights advocacy.

Bill Beardall, the clinic director, is a graduate of Harvard Law School, the Executive Director of the Equal Justice Center, the former Director of the Migrant Worker Division of Texas RioGrande Legal Aid, and a nationally recognized expert on low-wage employment rights. He has more than four decades of experience representing migrant workers and mentoring young employment litigation lawyers.

The TWR Clinic is conducted in partnership with the Equal Justice Center (EJC), a non-profit public-interest law firm, based in Austin, Houston, and San Antonio.  The EJC is the leading law firm in Texas specialized in advocating for the rights of low-wage workers. Clinic students get the opportunity to work closely with a variety of EJC lawyers, who are among Texas' leading employment attorneys. In this clinic, students devote the bulk of their clinic hours each week to handling active cases for real clients. This case work includes regularly scheduled office hours at the nearby Equal Justice Center office; regularly scheduled remote office hours in the EJC's robust remote law practice during periods of pandemic shutdown; regular case reviews with supervising attorneys; and essential conferences with clients. During the first week of the course, before starting their casework assignments, students will receive an intensive classroom orientation on low-wage employment litigation practice. 

Normally the law practice of this clinic occurs off-campus in the law offices of the Equal Justice Center. However, like many law offices, the EJC has been largely closed to in-person staff and public operations, since spring 2020, due to the pandemic. Nevertheless the EJC law practice and the TWR Clinic law practice have been gradually and deliberately reopening to in-person operations by appointment and by modified office hours. Equally important, the EJC learned from the pandemic how to operate dynamically and successfully as a cyber-practice utilizing innovative electronic law practice methods. Moreover, most other law offices and the entire civil justice system are undergoing a similar transformation. Reflecting this broader transformation across the profession, the EJC and TWR Clinic currently operate as a hybrid in-person/remote law practice, which continues to evolve along with the norms in civil justice system. One salutary effect of the EJC's adaptation to cyber law practice methods has been that TWR Clinic law students are getting an opportunity to learn - along with the rest of the legal profession - the new art of hybrid in-person/remote law practice and litigation. Thus, while the 2023 spring semester clinic law practice is expected to be conducted largely in-person, it has become clear that the judicial system and legal profession are permanently adopting many new and more efficient, remote electronic operations and methods. These remote law practice methods will put to full and effective use by the EJC and the TWR Clinic, giving clinic students an opportunity to learn these pioneering remote electronic techniques and systems. As a result, TWR Clinic students will gain experience preparing them to take their place among the first generation of lawyers adeptly utilizing a new range of remote cyber-law-practice methods.

Throughout the semester, the students' principal casework will be complemented with a regular classroom session that meets once a week for approximately two hours. The classroom sessions will explore various deeper aspects of employment law, rights of immigrant workers, effective litigation practice, and special topics in employment law practice for immigrant and low-wage workers. Classroom instruction will address the challenges of adapting U.S. law and legal practice to our increasingly transnational labor market. Subtopics include: U.S. labor and immigration policy; wage laws, employment laws, and contract law as they affect transnational workers; the tension between immigration laws and labor rights; rights of transnational "guest workers"; civil litigation and representation skills specific to transnational worker cases; employment law practice as viewed from the perspective of lawyers for employee-plaintiffs, lawyers for employer-defendants, and employment lawyers representing government agencies; ethical issues in employment rights representation; and evolving mechanisms for the enforcement of worker rights, regardless of immigration status.

The clinic is open to students who have completed the first year of law school. While there are no prerequisites, students will benefit from previous course work or experience relating to contract law, civil procedure, labor and employment law, immigration law, international law, human rights law, low-wage working people, migrant workers or immigrant communities, and experience related to Latin American communities.

While Clinic clients include U.S. citizens and immigrants from a wide array of continents and countries, a majority of clients are Spanish-speakers from a variety of Latin American countries. Spanish proficiency accordingly is very useful, but is not in any way required.

Questions about the clinic may be directed to Bill Beardall at bbeardall@law.utexas.edu. Please put "Worker Rights Clinic" in the subject line of any communication.

Over the past thirty years college football has become arguably one of the most popular sports in America. Quite simply there is nothing like college football. It is steeped in rivalry, tradition, pageantry, and insane fandom. Games are literally played on almost every night of the week, and on Saturdays millions of people pile into stadiums that hold upwards of 105,000 people. College coaches make just as much as pro coaches, athletic directors are paid like NFL general managers, and the biggest college football programs generate in excess of $240M per year. And most recently, the student-athletes themselves are now getting a piece of the economic pie. However, there is also a dark side to college football: exploitation, academic misconduct, injuries, and scandal, which have been a constant thread in the sport since its founding in the late 1800s. This class looks at the legislation and court cases that have shaped the sport into what it is today. Cases looked at will explore the following:

• The creation of the NCAA as the sport’s governing body
• The invention of the term “student-athlete,” so that universities would not have to pay workman’s compensation claims when athletes got injured
• The legal arguments around the term “amateur”
• Proposition 48 and academic eligibility requirements
• Compensation limits and restricted earnings for coaches
• Trademark disputes involving Ohio State, USC, and Alabama
• Anti-trust laws and student-athlete compensation
• Unionization
• Concussions and medical settlements
• NCAA Sanctions
• Name, Image, and Likeness
• Sexual abuse cases at Ohio State and Penn State
• Grants of Rights and TV contracts
• Power Five conference realignment
• Revenue sharing legislation

Overview:  A nationally known, plaintiff’s commercial trial lawyer will provide students with an introduction to complex financial litigation, including claims arising out of financial fraud, Ponzi schemes, business mismanagement, and fiduciary self-dealing. Students will study the common types of financial litigation that are pursued by equity holders, creditors, and other victims of financial wrongdoing as well as litigation professionals, such as bankruptcy trustees, receivers, and foreign liquidators against fiduciaries (e.g., directors and officers), professional services firms (e.g., law firms and accounting firms), banks, and other participants in financial transactions.

Although the course will focus on the plaintiff’s side of financial litigation, it will also cover common defenses and the strategies that defendants often utilize in such litigation. Students will review actual complaints and study real cases.  Students will have to think strategically through real-world fact patterns, consider potential claims and defenses, develop litigation strategies, and learn how to think like practicing lawyers. In doing so, students will draw on the knowledge they have learned in a variety of other classes, including contracts, torts, civil procedure, business associations, bankruptcy, and remedies.

Grading: Each student will be graded their written work product, which will include claims analysis.

Course Materials: Course materials will be provided via Canvas.  There is no textbook.

This course will focus on the legal and policy issues relevant to conducting complex civil litigation, and in particular on the problem of adjudicating large numbers of closely related cases. One of the most important and controversial issues in civil procedure today is how to achieve the efficient and fair adjudication of large numbers of cases that arise from a common set of events or transactions and exhibit overlapping factual and legal issues. A number of procedural devices have been used for this purpose, including joinder, consolidation, the class action, multidistrict litigation, bellwether trials, and case sampling. We will study all these devices, but we'll spend much of our time on the class action. Class action topics to be covered include the requirements for class certification, judicial and attorney responsibilities in class litigation, techniques for coordinating multiple class action filings (especially between federal and state courts), approaches to regulating class action settlements, and rules for determining class counsel fees. We will also examine the effect of recent Supreme Court decisions on the future of the class action and on the availability of other procedural devices for adjudicating large-scale case aggregations. 

This course will address the process by which constitutions are designed and the implications of the design choices made.  The former raises extremely important issues of political theory (as well as practical politics). That is, how is that that some discreet set of people claim the authority to draft a constitution for the society at large.  This is an especially pressing issue for anyone who takes the theory of "popular sovereignty" seriously.  Who can legitimately claim to speak for "We the People"?  As we will see, actual constitutions have been drafted by a myriad of different processes.  Does process matter?  For example, how important is popular "ratification, a very common part of the overall process in the contempoary world (but absent, notably, with regard to the United States Constitution proposed in 1787)?  But then there is the second question of the actual importance of the design choices made by "framers," whoever they may have been.  This part of the course will involve looking at materials drawn from political scientists as well as lawyeers.  How important, if at all, is the choice of a "presidentialist" system insead of a "parliamentary" one?  Are Bills of Rights ultimately the "parchment barriers" that Madison suggested they would be?

The couse will compare a variety of constitutions to one another.  These will include looking at a number of other national constitutions, but also frequent reference to American state constitutions, which differ from one another and from the United States Constitution in a number of important and interesting ways.  All students will be expected to become especially knowledgeable about a foreign constitution and about the constitution of their own state (that being Texas for anyone who is a foreign national).  

The final grade will be based on two papers written during the course of the semester (one before the spring break, the other afterward) responding to the assigned materials for a given class and subject, which will count for half the final grade, and then a two-hour in-room final examination at the end of the courses.  If a student is at the cusp between two grades, then class participation will be used to decide whether to boost the final grade.  A student can write a seminar paper in lieu of the final examination, though only with advance approval of the teachers.  

This course will offer an intensive examination of the way the Constitution (and then controversies involving the Constitution) handled variosu issues involving race.  We will begin with the debates at the Philadelphia Conventiona about slavery.  Most of our time will undoubtedly be spent on the treatment of Blacks, both as enslaved and as "free" persons, but attention will also be paid to members of Indigenous Nations and Asians (as in the aptly named Chinese Exclusion Cases).  Although the arrival of the Reconstruction Amendment will obviously be an important part of the course, we shall spend a fair amount of time looking at ante-bellum materials.  The course will conclude with the 1903 Alabama case Giles v. Harris, in which the Supreme Court basically gave up on enforcing the Fifteenth Amendment and its ostensible prohibition of racial discrimination with regard to voting.  

Although there will be a final examination--of two question to be answered in two hours--the grade will also be based on two "response papers" to given assignments of. your choice.  Each response paper should be approximately 1200-1500 words.  Should any of you, after grading the final exam and the response papers, be at the cusp between two grades, then class participation (or its lack) will determine the final grade.  

This course will explore constitutional issues surrounding claims of race and sex discrimination. The course is historical, covering antebellum, Civil War, and post-Fourteenth Amendment controversies. We will examine race and sex in several contexts (e.g., segregation, military policy, education, affirmative action) and consider a broad range of theoretical approaches. The course is designed to provide a close understanding of both historical and contemporary analyses. The materials on race occupy approximately two-thirds of the overall course. Prerequisite: Con Law I.

This course will introduce the three structural principles of the Constitution - federalism, checks and balances, and the separation of powers - as well as the individual rights the Constitution protects.

Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.

An introductory course on the law of contracts. This course takes up basic questions about the common law principles governing the formation, interpretation, performance, and enforcement of contracts, as well as the basic remedies for their breach.

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.

This course provides an introduction to the theory, the methods, and the concerns of corporate finance. Representative questions include: How, and for what purposes, is a corporation valued? When should firms finance themselves by issuing equity vs. issuing debt, and what types of those instruments might they issue? What means are available to minimize risk (hedging, etc.)? When should firms pay dividends? What is the difference between dividends and stock buy-backs? What is the role of mergers and acquisitions in the context of corporate finance? No prior background in economics or finance is required or expected. This course will not address the legal rules governing financial markets and institutions. Students interested in these issues may want to consider attending Professor Hu’s seminar “Modern Corporate Governance and Finance,” which can be taken concurrently.

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.

The course examines taxation of corporations and their shareholders. Basic concepts of taxable income from the Federal Income Tax course are assumed to be already known by enrolled students, including basis, calculation of gain and loss, capital gains, and treatment of nonrecognition transactions. Representative transactions covered include the formation of a corporation, distributions to shareholders, redemptions of stock, liquidations of corporations, and corporate reorganizations. The grade for the course will be based on a final, open book examination. Prereq: Law 254J, 354J, 454J, 554J (Federal Income Taxation); or 254N, 354N (Federal Income Taxation A); and 254P, 354P (Federal Income Taxation B). 

Data, and the analysis of that data, has always played an important role in many legal disputes.  With the exponential increase in data availability and the increased interest in data more generally, this role has increased and is likely to increase further.  As a result, it is incredibly important for lawyers to understand how data can be used in legal cases and, more importantly, to be aware of how it is often misused by lawyers, judges, and experts to suggest far greater certainty than proper analysis would suggest.  In this class, we will cover some of the most common ways in which data, probability, and statistics can be misunderstood, misused, and manipulated.  Through the use of examples from cases and legal debates, we will illustrate these mistakes, explain them, and learn how to ask the questions that will help uncover them.

This seminar focuses on the role of covert action in implementing U.S. foreign and national security policies.  Covert action is a unique mission assigned by executive order to the Central Intelligence Agency (CIA).  Since its founding in 1947, the CIA has undertaken covert activities intended to influence events abroad at the direction of U.S. presidents.  Covert action is often referred to as the “Third Option” between diplomacy and military action.  Through declassification of official records as well as unauthorized disclosures in books, newspapers, and electronic media, the details of many covert programs (principally, but not exclusively, from the Cold War period) are now available to study.  Indeed, many of the most consequential - - and controversial - - actions of the CIA and the presidents the CIA has served in its 70-year existence involved covert actions.            

Building on a foundational understanding of the Executive branch of government, the mechanisms available to develop and implement national security policies, and the capabilities of the CIA, this course will examine why presidents choose to implement their policies through covert means, what benefits and hazards accompany that choice, and the mixed historical record of U.S covert action programs.  In addition to evaluating why and how covert action is engaged as an instrument of U.S power, the course will review Executive and Legislative mechanisms for supervision and oversight of covert action operations, as well as the moral and ethical dilemmas encountered in such programs.  Through lectures, readings, and class discussions, students will become familiar with significant covert action activities in U.S. history.  The course will include at least one example of a covert influence program undertaken by a foreign government.            

In addition to traditional texts and journal articles, students will be exposed to primary public policy sources including statutes, executive orders, presidential directives, and declassified records  related to U.S. intelligence.  Intelligence and national security debates touching on covert action (…that are certain to arise during the semester) will be integrated into the class.  Students will be expected to post a comment on each week’s assigned readings prior to class, to join in class discussions on the readings, to review a book related to covert action that is not already on the syllabus, and to prepare a research paper that evaluates a historical covert action program not studied in class.  Toward the close of the semester, students will participate in a role-playing exercise centered on preparing a notional presidential order or “finding” authorizing a new covert program.  Seminar participants will have the opportunity to engage current and former senior intelligence officials who visit Austin (virtually, if not in-person) in connection with Intelligence Studies Project events.

The topic of covert action was for many decades impractical to approach in an appropriately factual, rigorous, and balanced manner because of the secrecy that surrounds these government programs. There is now a sufficiently rich factual record on which to debate and shape judgments about the legality, efficacy, and long-term impact of U.S. covert programs from the modern era.  Students will be exposed to many of these materials and invited to reach their own conclusions about this unique policy tool.

This seminar is not principally designed to develop the professional skills of participants, however, there will be several opportunities to conduct relevant research, draft reports, and make short oral presentations to the class.       

Texts/Readings (Illustrative only):

Christopher Andrew, For the President’s Eyes Only: Secret Intelligence and the American Presidency from Washington to Bush (1995)                        

John Prados, Safe for Democracy: the Secret Wars of the CIA (2006)

William Daugherty, Executive Secrets – Covert Action and the Presidency (2006)

Frances Stonor Saunders, the Cultural Cold War – the CIA and the World of Arts and Letters (2013)

Stephen Kinzer, All the Shah’s Men – An American Coup and the Roots of Middle East Terror (2008)

Steve Coll, Ghost Wars – the Secret History of the CIA, Afghanistan, and Bin Ladin, from the Soviet Invasion to September 10, 2001 (2004) 

Robert  Grenier, 88 Days to Kandahar  - A CIA Diary (2015) 

James M. Olsen, Fair Play - the Moral Dilemmas of Spying (2006)

Assignments:

Weekly comment on reading(s)  20%

Informed class/exercise participation  20%

Book review  20%

Research paper (12-15 pages)  40%

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 deals with the judicial phase of the criminal justice process, beginning from the initial decision to bring criminal charges, through the pretrial and trial processes, and concluding with sentencing.  The major focus is opinions of the United States Supreme Court imposing federal constitutional limitations on criminal procedure.  Course coverage includes the following topics: the decision to initiate prosecution; bail and pretrial detention; the grand jury; the right to the effective assistance of counsel; the right to a speedy trial; discovery and disclosure of evidence; plea bargaining; the right to an impartial trial; the right to a jury; double jeopardy; and sentencing. Study of decisions of the United States Supreme Court is supplemented by examination of selected provisions of the Federal Rules of Criminal Procedure, typical federal and state statutes, and opinions of the lower federal and state courts. In addition to regular class preparation and participation, students will be required to complete an experiential assignment, in which they will witness some aspect of criminal adjudication relevant to the course and reflect on that experience in writing. This course satisfies the Con Law II requirement.

This course, sometimes referred to as "policing," explores constitutional limits on criminal investigation. It focuses primarily on the Fourth Amendemnt law governing searches and seizures, and on the Fifth and Sixth amendment law governing law enforcement questioning. Fourth Amendment topics include the meanings of "search" and "seizure," the warrant requirement, warrant exceptions, the exclusionary rule, and other limits on remedies. Fifth and Sixth Amendment topics include Miranda violations, and center on police interrogation and lineups. 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 final examination. 

This course focuses on the intersection between criminal and immigration law, providing both theoretical and practical understanding of the impact of criminal conduct on immigration status. We will explore specific grounds of deportation and inadmissibility related to criminal conduct and the impact of criminal history on relief available under immigraiton law. We will analyze the laws, policies and constitutionality of immigration enforcement including mandatory detention resulting from interaction with the criminal legal system. In addition, we will consider recent federal and local policies regarding policing noncitizens and their effectiveness and impact on the immigrant and broader community. Outside speakers will be invited. Application and faculty approval are required to enroll in the class. The application is available through Student Affairs. Grading is pass/fail based on attendance, participation and completion of required reflection memos and other assignments.

This class will introduce students to the intersection of blockchain technology, law, and policy. This entails a brief overview of blockchains and cryptocurrencies, as well as some of their most popular applications (DeFi, NFTs, etc) - students need not know anything about these technologies (or any technology) in advance. Students will also learn about: (1) the role of various regulators like the SEC and the Treasury Department, and how those regulators might think about cryptocurrencies; (2) the idea of code as a regulating force; and (3) the national security and foreign policy implications of cryptocurrencies. This class is designed to expose students to the breadth of issues coming out of blockchain technology, and will be focused on discussion rather than lecturing or presentations. 

The past two years have highlighted the growing cyber threat to entities of all types: corporations, hospitals, government institutions and small businesses, to name a few.  The day that attack comes is nothing short of a crisis, requiring all the right teams to assemble and navigate the obstacles such an attack may present.  Cyber response was once thought as the province of the information security department, but it has grown to include leaders from key departments such as law, human resources, public relations, business teams, compliance, risk, and privacy.  Additionally, vendors, such as a technical incident response firm and a crisis communications firm must be identified and engaged to help supplement existing resources.  This is the time for legal counsel to shine, as the lawyer's role is central to many of the most critical workstreams.    This practical skills course will provide an in-depth review of incident response and counsel's role.  Students will partake in a tabletop exercise to kick off the course and identify the areas of incident response.  Subsequent sessions will review each area through group discussions in a small-class setting.   Guest speakers will include seasoned incident response experts from the FBI or Secret Service, crisis communications firms and regulators.

This course will provide an overview of cyber risk management concepts and techniques, and then provide a tangible deep-dive into real-world examples and scenarios. This will be a collaborative and case-based class over the course of the semester. We will walk through a set of risk identification, risk assessment, and risk management for case studies. Discussions will include an overview of cyber risk management frameworks, relevant regulations, and available tools. We will cover the latest thinking in risk-based assessments, including reporting audit issues, and designing internal controls. We will then cover risk management with governance models including the three lines of defense, and risk management techniques.

This overview course will principally focus on the Americans with Disabilities Act (ADA), the most important federal law prohibiting discrimination against individuals with disabilities. We will discuss the ADA’s place in the disability-rights and disability-justice movements, and its analytical relationship with the Civil Rights Act of 1964 and with the antidiscrimination provisions in the Rehabilitation Act of 1973. We will also explore the Act’s definition of disability (including the subsequent ADA Amendments Act of 2008), and the provisions outlawing discrimination, and requiring accommodations, by employers (Title I), government services and programs (Title II), and private businesses (Title III). To sample the breadth of the ADA, we will discuss the Supreme Court’s Olmstead decision guaranteeing community integration, as well as the ADA’s application in the contexts of, e.g., education, housing, healthcare, the criminal legal and carceral systems, immigration, and technology.

This course will provide an in-depth examination of the battered women’s movement and its impact on the legal system’s response to domestic violence. We begin with law and the social context of battering, including how the experience of abuse and the response to abuse is shaped by race, cultural identity, economic status, sexual orientation, and disabilities. Criminal law aspects are addressed within the role of protective orders, prosecution, and defense (including self-defense for victims and ethical representation of batterers). We next view how civil family law recognizes domestic violence in custody, divorce, visitation, and child protection matters. Among other topics, the course will examine specialized areas of the law, which include tort liability for batterers and third parties (police, employers, etc.) and federal remedies under the Violence Against Women Act. The class will discuss emerging issues like violence against women as a human rights violation and evolving sexual assault laws to identify the challenges of theory vs. practice. The focus of the class is to examine current gaps and barriers in the legal response to intimate partner violence and propose systemic change through a social justice lens.

This challenging 3-hour course covers the hottest topics in litigation today: electronic discovery and digital evidence. Evidence is information, and nearly all information is created, collected, communicated and stored electronically. Thus, the ability to identify, preserve, interpret, authenticate and challenge electronically stored information is a crucial litigation skill. This course will seek to reconcile the federal rules and e-discovery case law with the sources, forms and methods of information technology and computer forensics. Students will deeply explore information technology, learn to "speak geek" and acquire hands-on, practical training in finding electronic evidence, meeting preservation duties, guarding against spoliation, selecting forms of production, communicating and cooperating with opposing counsel and managing the volume and variety of digital evidence and metadata. With an emphasis on understanding the nuts and bolts of information technology, the course teaches practical considerations, tips and tools as well as pivotal case law that has shaped this area of the law and the electronic discovery industry as a whole. No background in computing or technology is required to succeed. If you have questions about the course to decide if it's for you, I can be reached via email as craig@ball.net or by phone at 713-320-6066.

Evaluation is based on five self-administered, timed quizzes administered via Canvas at roughly two week intervals. There are also weekly written homework exercises and a conventional proctored final.

This course explores emerging issues in sexuality, gender identity, 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 intersection of LGBTQ+ identities, including people who are living with a disability, people who identify as BIPOC, and undocumented/under-documented immigrants.  We will also discuss how civil rights organizations are using impact litigation, public policy and education to ensure equality and access to equal opportunities for LGBTQ+ people in society.  The course will conclude with a mock litigation exercise.

Two top litigators teach practical skills and tips on everything from social media to managing massive discovery.  If it's new in litigation they know it. We will be discussing the use of technology in all aspects of litigation, including virtual trials and hearings.

In this advanced property-law class, you will learn about eminent domain—the power of the government (and those with its delegated authority) to take private property and convert it into public use in exchange for paying just compensation to the property owner. Most lawyers get just one or two days of class about eminent domain in law school. This course aims to fix that shortcoming.

The subject is fascinating as a matter of theory, as it deals with the power of a tribe (the community) to take property away from its members. And eminent domain is becoming more and more important in practice. Take Texas, for example. The Lone Star State is home to eight of the nation’s 15 fastest-growing cities and boasts five of the top 10 cities in the total number of new residents. The need for infrastructure has skyrocketed, both to accommodate the explosive population growth and to support Texas's ever-expanding oil-and-gas industry. In light of these developments, we as a community need to work out how to deal with growth while still honoring constitutional values and individual rights.

Class discussions and reading assignments will explore whether the current eminent domain framework in the U.S. properly protects property owners and the public. The subject is generally divided into two interrelated parts: (1) the origins of eminent domain, public use, and public necessity and (2) “just compensation," including evidentiary and procedural issues that arise in disputes about compensation. Throughout, the class will explore the relationship between theory and practice.

This course explores the law surrounding the relationship between employers and individual employees, focusing primarily on the following areas: (1) Distinctions between “employees” and other types of workers, and why they matter; (2) The "default rule" of employment-at-will and the ways it can be modified; (3) Statutory and common law exceptions to at-will employment, including whistle-blowing, public policy and tort exceptions; (4) Employee privacy & drug testing issues; (5) The additional rights and responsibilities of government employees (e.g., free speech & due process rights, limitations on political rights); (6) Laws protecting employees from discrimination on the basis of protected characteristics (e.g., race, national origin, sex, sexual harassment, age, disability), and their enforcement schemes; (7) The Fair Labor Standards Act (FLSA) and its minimum wage & overtime premium protections; (8) The Family Medical Leave Act (FMLA) and its protections for employees with serious health conditions; and (9) A look at employees’ duties to their employers, including the duty of loyalty, duties involving trade secrets, and obligations not to compete. Please note that Employment Law is distinct from Labor Law, which generally governs the relationship between employers and labor unions representing their employees, dealing with topics such as collective bargaining, strikes, labor contract enforcement, and similar matters.

TEXTBOOKS:

Employment Law, Cases & Materials, Willborn, Schwab, Burton & Lester (7th Ed.)

Selected Federal and State Statutes, Willborn, Schwab, Burton & Lester

 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, business, and engineering 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., negotiations, financial modeling, technical analysis), each student team will prepare a project prospectus and presentation on the technical, 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 preliminary project memo, and the final team presentation and project prospectus.

Title:  Energy Finance and Transactions

Catalogue Description:  Highly relevant for any lawyer in energy or finance practice, this course will immerse students in practical business and legal concepts inherent in oil and gas financing by teaching a working knowledge based on actual loan documents relevant to financial and M&A transactions. Through discussion of actual loan provisions, the class will demonstrate how the client’s business concepts are manifested in the financing documents drafted by lawyers.  In addition, the course will provide a historical context of the dependent relationship between producers and bankers illustrating the evolution of loan documentation from the early beginnings of the US oil industry through current times.

This course will provide students a head-start on their transactional legal training by providing students with useful knowledge on energy transactions and financing documentation. Students will learn the basic architecture of financing documents, and, importantly, learn the legal and business issues and historical foundation behind the provisions. The professors, who collectively have over 60 years of energy lending experience, will also provide their insight on energy lending negotiation strategy. In addition to class participation and the final exam, students will complete a short client memorandum on a topic of their choice related to the energy finance transactions.

Grading: Students will be graded on class participation (20%), client memorandum (30%) and final exam (50%).

The final exam will be a timed, short answer open-book format exam.

Prerequisites: 1L contracts and property. The professors are accustomed to training associates with no exposure to oil and gas or finance.

Credit Hours:  Two hours.

Proposed Schedule:  12 weeks, consisting of 12 two-hour classes. 

Learning Outcomes:  Students will gain an understanding of basic principles of energy lending and energy transactions, and how those principals are embodied in loan documentation.  In addition to the practical substantive knowledge, students will gain insight into a career path.  This course is tailored for students interested in pursuing a career in sophisticated energy transactions of all types.  Students who have already chosen this career path will be better prepared, having completed part of the training of a first-year associate.

This course examines in detail the regulatory regimes governing the sale and delivery of energy in American energy markets. Students will develop a working understanding of electricity and gas markets, how federal and state regulatory commissions regulate price and competition in those markets under the Federal Power Act, the Natural Gas Act, and analogous state laws. We will also address topical issues associated with the rapid technological and economic changes underway in the electricity and gas markets, including the effects of the rapid growth in renewable generation, disputes over the pricing and regulation of distributed energy resources (such as rooftop solar or demand response), the move toward increasing competition and market pricing, legal rules governing the siting of natural gas and electric transmission lines, and more. This class will be based in the Law School, but also open to students from the McCombs School, the Jackson School, and the LBJ School, and will mix traditional lecture and discussion with small group work in multidisciplinary teams. This is a companion course to (but not a prerequisite for) Energy Law: Regulating Energy Production.

The TVL Energy Ventures Practicum is an opportunity for teams of law students, business students, policy students, and technologists to build up skills, capabilities and contacts to create a new venture in the energy sector. Objectives of the class are to provide a framework for commercializing innovations in the energy sector, and the tools that entrepreneurs need to frame and build businesses for this purpose.

This course will begin with an introduction to pollution control, the common law antecedents, and early statutory developments. The remainder of the course will be devoted to an intensive study of the Clean Air Act and the Clean Water Act. The student will become familiar with the substantive provisions of those statutes and will gain a knowledge of how the statutes are implemented by the United States Environmental Protection Agency and the relevant state agencies. In addition, the course will expose the student to scientific and engineering concepts relevant to regulating the "conventional" air and water pollutants.  Finally, the course will examine ongoing regulatory attempts to address climate change under the Clean Air Act and the prospect for climate change legislation.

This 3 credit course examines the regulation of toxic substances in both the common law and federal regulations. The course focuses on the federal regulatory programs governing different types of toxics problems. These programs include: a) statutes regulating toxic products (the Occupational Safety and Health Act; the Safe Drinking Water Act; the Toxic Substances Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; and the Consumer Protection Act); b) statutes regulating the continuous release of pollutants through normal operations (the Occupational Safety and Health Act; and the Clean Air and Water Acts); and c) statutes regulating waste disposal (the Resource Conservation and Recovery Act and the Comprehensive Environmental Response Compensation and Liability Act (Superfund)). The course then explores the enforcement of these regulatory programs, including the use of citizen suits and environmental justice claims. The course concludes with an examination of the vital role that state law and tort litigation play in the shadow of these extensive federal regulatory programs. The basis of evaluation will be a 24 hour, open book examination. Prerequisite: None

A course on the Federal Rules of Evidence, with an emphasis on the application of the rules in court. 

4 hour course covering both the Federal and Texas rules of Evidence with emphasis on application of the rules in litigation. Topics include include relevance, hearsay, the Confrontation Clause, character evidence, impeachment and rehabilitation of witnesses, the best evidence rule, lay and expert opinion, and privileges.

The course will contribute to successful and effective practice as an in-house counsel and explore similarities and differences between in-house and outside legal practice.  Topics covered may include: evaluating in-house opportunities; transitioning to an in-house role; the relationship between in-house counsel and their internal clients; staffing and interacting with the board of directors, in-house counsel's role in adding value to his/her organization; advising and counseling clients; selecting and managing outside counsel; and an ethical challenge pertinent to  in-house counsel.

This course will be highly interactive with frequent breakout groups.  There will be very little duplicative material with Special Topics in In-House Practice, also offered this semester.

From the unique and complex legal issues arising out of SB8 to the late Anna Nicole Smith’s quest for her husband’s fortune; from unprecedented congressional alteration of federal jurisdiction with regard to class actions, bankruptcy, large-scale accidents, and immigration law to the courts’ own mounting internal struggles with an ever-expanding caseload; and from the political idiosyncrasies of the Terri Schiavo case to the availability of domestic courts to litigate international human rights abuses, the study of federal courts has an importance and significance today unmatched in generations. As a field, Federal Courts is principally about judicial power, including the full constitutional extent of that power, the constitutional and sub-constitutional limits on that power, and how that power is exercised by the federal courts to protect the separation of powers and other fundamental constitutional ideals. Thus, rather than studying a particular body of law, our focus in on a particular actor — the federal judiciary in general, and the “Article III” courts, in particular. To that end, our topics will include, among others, the constitutional scope of the jurisdiction of the federal courts (and Congress’s power to constrain that jurisdiction); the legal authority for, and substantive limits on, non-Article III courts; military tribunals and the war on terrorism; the jurisdictional interplay between state and federal courts; the complicated and somewhat convoluted field of “federal common law”; the availability of (and scope of sovereign and official immunity from) suits challenging state and federal official action; judge-made doctrines based on federalism and principles of comity that otherwise limit the exercise of federal jurisdiction; and the procedural minefield that is federal habeas corpus for state prisoners. Whereas our study of each issue is, in many ways, primarily interested in the history and structure of the federal judicial system, these topics necessarily include within their sweep fundamental questions about the proper horizontal separation of powers between the political branches and the judiciary, the proper vertical separation of powers between federal and state courts, and the structural and individualized constitutional issues raised by any of the relevant actors’ attempts to alter the historical balance.

This course examines the federal wealth transfer tax system, including the estate and gift taxes; in particular, their application to a wide variety of gratuitous transfers, both lifetime and testamentary. In the case of the gift tax, it considers the concept of a "transfer of property by gift," complete and incomplete transfers, the annual exclusion, and gift-splitting. In the case of the estate tax, it considers the concept of "gross estate," including interests still owned at death, property transferred during life subject to retained interests or powers or in contemplation of death, property subject to powers of appointment, jointly owned property, life insurance, and annuities and employee death benefits. As to both the gift tax and the estate tax, it focuses heavily on the marital and charitable deductions, the unified credit, and problems of valuation. Throughout, it relates the material under consideration to basic, and sometimes not-so-basic, estate planning, including the creation of trusts, both revocable and irrevocable. Prerequisite/Co-requisite: Wills & Estates. FIT is NOT a prerequisite. Related Course Areas Property, Tax

Federal Income Tax covers basic principles of the federal income tax, including but not limited to the basic structure of the federal individual income tax. The primary objectives of the course are to familiarize you with those substantive principles; to introduce you to the format and content of the Internal Revenue Code, as well as related Treasury regulations, IRS guidance documents, and case law concerning basic federal income tax matters; and to give you experience working with a complicated statutory and regulatory scheme to resolve legal questions.

Textbooks:

J. Martin Burke & Michael K. Friel, Taxation of Individual Income (13th ed. 2023, Carolina Academic Press), ISBN: 978-1-530-2507-6        

Optional Statutory Supplement: Daniel J. Lathrope, Selected Federal Taxation Statutes and Regulations (2024 ed., West Academic Publishing), ISBN: 979-8-88786-000-8

The class is designed for law students of all interests, including those who are undecided and those who are focused on a particular area such as litigation, public interest law, family law, regulatory work, criminal law, or business law.  Financial Methods for Lawyers covers time value of money, expected value decision making, and investment in enterprises.  It also covers the basic financial statement components: balance sheets, income statements, and cash flow statements.  The class is only available on a pass/fail basis.  It is designated as a skills course.  Students earn points toward a passing grade through online quizzes, Excel spreadsheet and other exercises, and regular attendance.

This new one-credit offering will explore topics related to the accelerating food and water challenges facing our country, our community, and people all over the globe. These topics are likely to include: climate effects on arable land and irrigation water; rising soil salinity; nutrified water flows; food waste; food labeling; extensive and intensive industrial agriculture, including for animal production; locovorism; food cultures; “novel” proteins; and future foods. Our topics are sure to include the quickening moral demands for justice for animals; a human “right to food”; and a more equitable, healthy, and secure food system for all. With these emergent drivers spinning the wheel of fortune, American food law and policy are being called on to respond. These responses in the teeth (so to speak) of consumer preferences, scientific developments, political pressures, and market movements will provide key reference points for the course. 

We will draw on work being done in food law clinics and food research institutes housed in law schools around the country. Expert guests, some from these settings, will help to shape the workshop experience.

The course design—a “lab” of experiences, ideas, and ideals--is intended to provide an inter-disciplinary offering to law students and those from a variety of other fields.

There is likely to be an optional field trip (or two) and an optional final dinner, off-site, to be prepared by the instructor, possible guests, and members of the class. These extra meetings won’t count (at all) toward a student’s grade in the course. 

Course requirements:

1--The class will meet in four Friday sessions of three hours each. Full attendance is mandatory.

2—For Law students, the course is offered pass/fail.

3—Students from non-Law departments and programs may take the course pass/fail or for one graded credit (available only in cross-listed sections that do not allow pass/fail). The latter option will require the satisfactory completion (no bots allowed) of a research and writing assignment that may be administered on a one-time in-class basis, attendance required, at a time separate from the four class sessions.

This two-credit writing class centers upon the most critical political law controversies that will arise during the course of the 2024 presidential election, from the campaign trail through Election Day! Topics include: the roles and responsibilities of major and minor political parties; campaign lies and election-related misinformation; the influence of — and public transparency around — big money in politics; problems with the electoral college; and the spike in election law litigation generally, including post-election contests. For each issue, students will first learn the relevant foundational law — typically, rooted in the U.S. Constitution and, in particular, guided by the First Amendment. Then, the class will explore modern controversies, drawing heavily from the events of the 2024 election cycle as they unfold and hearing, at times, directly from practitioners.

Students will be evaluated on: (a) their robust participation in class, including debates and hypothetical exercises rooted in real-world dilemmas facing election lawyers and campaign counsel; and (b) a series of 4-5 page essays assigned throughout class.

There are no prerequisites, although as an upper-level offering the class assumes students have successfully completed at least one course in constitutional law. The class is structured to complement, and not duplicate, Professor Marziani’s fall “Election Law and Policy” seminar.

Students will do a full cycle analysis of a net zero-carbon natural gas development.  This will include technical, financial, and legal analyses of the project including geologic assessment of the resource, development of the production facilities, transportation of the gas to a combined cycle power plant, and capture and sequestration of the emissions.  The country will be specified in the early weeks of the class, but it will be a country other than the United States of America. The class is open to students enrolled in the McComb’s School of Business MBA program, graduate students in the Jackson School of Geosciences, the Cockrell School of Engineering, JD and international LLM students in the School of Law, and to other students who indicate a special interest in the topic. Students will work in teams of four or more students from different academic disciplines (geology, engineering, business, and law). To assure an appropriate balance of team members, enrollment is subject to application and approval. Students will learn how to evaluate geologic information made available in a bid round package, analyze the fiscal terms offered by the host government as well as the general economics of the project, analyze the legal regime, determine and quantify the risks associated with an investment, and propose a full cycle CCUS pilot project to the selected government. Each team will present an oral report and prepare a written report to the Board of Directors of the Longhorn Petroleum Corp., consisting of faculty members and guest board members. Both the shorter oral and longer written reports will evaluate risks and designs of the projects, propose a competitive bid, including an exploration plan and a preliminary plan explaining the pilot CCUS project, projecting costs, and proposing government incentives to commercialize CCUS.

In this course we will examine the nature of disease and its impact on developing and developed societies. We examine the potential security threats posed by diseases like COVID 19 and investigate how nations respond to those threats.  We will review the demographic, economic, political, and social costs of illness for individuals across the life course, institutions, governments, nations, and the world as a whole.  We will learn how disease spreads and how organizations such as the Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO) and other national and multilateral organizations respond to diseases that do not respect national borders. The class will follow a fairly standard seminar format and consist of readings with group discussion and presentations related to specific areas of health and global security.

Students will dissect the strategy of Brown v Board and other successful and unsuccessful movement cases. These will serve as guides as students work in groups to prepare their own movement litigation. This class will combine research, experiential learning and problem solving. Ideal student groups will have representative knowledge of advocacy, procedure, administrative and legislative practice. Students will argue and defend their pleadings and other strategies throughout the semester. 

In the global economy of the 21st century, arbitration is the dispute resolution procedure of choice for many international business transactions. This course teaches the principles of effective client representation in international arbitration. The course will employ a real world dispute in which the students will become counsel from initial consultation with the client to litigating the case. The semester will focus on developing the practical skills needed to represent your client in an international arbitration. The practical exercises–including writing a claimant’s and respondent’s brief, and presentations of oral arguments will all be centered around the same hypothetical, but quite detailed and real, international contractual dispute. Grading will be based on class participation, writing assignments and presentations of oral arguments. There is no mid-term or final exam. The final 6 weeks of classes will be participating in a mock arbitration. This class will meet once a week for two and a half hours (there will be no class on 3 weeks of the semester). Enrollment has been limited to a maximum of 12 students. There are no course prerequisites.

This survey course is designed to provide you with a broad overview of the skills and understanding you will need to advise clients on business transactions involving more than one country.  There are no prerequisites: no prior knowledge of business or international law is required.

The course will examine different ways in which a business can structure its international business transactions (e.g. entering direct import/export agreements; appointing foreign agents or distributors; transferring technology to foreign licensees; and establishing or acquiring foreign direct investments), along with the relative advantages and disadvantages of each approach.

We will analyze the unique contractual and regulatory issues presented by each type of transaction, focusing on relevant provisions of US law; multilateral treaties such as the World Trade Agreements (WTO) Agreements and the Convention on the International Sale of Goods (CISG); and regional agreements such as the Treaty on the Functioning of the European Union (TFEU) and the United States-Mexico-Canada Agreement (USMCA, formerly known as NAFTA).

Along the way, we will explore current policy debates on topics such as US-China trade relations; and the economic, social and security implications of the current legal framework for international trade and investment.  

The course will examine the development and current state of International Criminal Law. Among other topics, it will explore the history of international criminal justice from the aftermath of World War II to the recent establishment of the International Criminal Court, the “core crimes” of international criminal law, theories of criminal liability, and available defenses. It will also investigate a number of other topical issues in international criminal law, including the crime of international terrorism, U.S. policy towards the International Criminal Court, and dilemmas of transitional justice.

The course considers some of the most pressing global issues of our time through an overview of the history, theory, and practice of international human rights law, as well as the related fields of international humanitarian and criminal law. It identifies decades-long tensions about the legitimacy and meaning of human rights, with a focus on how those tensions are manifested in the case law of adjudicatory and quasi-adjudicatory legal institutions created by international and regional treaties, as well as by domestic courts. Much of the course is organized around in-depth and comparative study of the adjudication of human rights claims about matters including racial, gender, and sexual equality; rights to property, housing, and health; rights of indigenous peoples; religion and culture; and humanitarian law. As a part of the course, students will work in teams to select, edit, analyze, and present a legal opinion on human rights to the rest of the class.

Non-law graduate students who are planning to graduate in May will not be able to get a final grade submitted in time for graduation. Thus, enrollment in this course would require a delay of graduation to August or December. Alternatively, students in the LBJ School of Public Affairs may take this course on a pass/fail basis if they still wish to graduate in May.

The early exam will be in the floating format between April 19 - April 22.

This introductory course examines the policies, laws and regulations applicable to important and controversial industry segments of the United States – the Internet and telecommunications. The survey course will cover wireline, wireless (e.g., 5G), cable, video, satellite, Internet and broadband technologies/services. The course will review how these exciting, dynamic platforms are converging. This study will begin with a review historical telecommunication regulatory policy such as Universal Service that shaped the early industry. The course will cover antitrust and First Amendment basics as they relate to past and current debates in this area. The course will discuss how these past regulatory approaches to address monopolies and competition are intertwined with current policy debates such as Net Neutrality, Privacy and rural broadband. Topics will include the Communications Act of 1934 and the Telecommunications Act of 1996. This course will also address important subjects such as common carriage, divestiture, mergers/acquistions, scope of regulatory treatment, the “public interest” standard, “ancillary jurisdiction,” "Chevron deference" and use of valuable spectrum policies. Key terms and characteristics of the different modes of communication will be discussed. Interesting and current topics such as technological convergence, the impact of Covid on this area, “permissionless innovation” and how to address the growth and power of social media (and providers) will be discussed. The course will conclude with a look towards the future of regulation in these areas and what changes, if any, to related laws may be warranted (e.g., if and how should Section 230 of the Telecom Act be amended). A review of what has been deemed to be “acceptable and harmful” content on various platforms will be explored. Discussions will include the "Metaverse/virtual reality" and artificial intelligence and what should be associated regulations, if any.

One goal of the course is to introduce students to important policy and legal concepts and issues in industries and highlight the technology that impacts their daily lives (e.g., use of smartphones and the Internet of Things). In addition, perhaps the course will reveal an area of possible career interest whether it be in the government, industry, consumer or private practice arenas.

Students will arrange their work schedules with their supervisor. They are expected to work about 10 hours per week per semester.

Exams:        None

Registration Information:

This course is restricted to upper class students only. Federal Public Defender Internship – APPLICATION REQUIRED: https://law.utexas.edu/internships/federal-public-defender-internship/course-information/

To apply, please email a copy of your cover letter, resume and transcript (unofficial is fine) to Prof. Susan Klein at sklein@law.utexas.edu and to Assistant Federal Public Defender Horatio Aldredge at horatio_aldredge@fd.org. Students interested in this internship can obtain additional information by stopping by Prof. Klein’s office at TNH 3.207 (her office hours are Wed. 3:30 – 5:00 pm), or calling or texting her at (512) 203-2257. They may also call Mr. Aldredge at (512) 916-5025.

** This course meets the Professional Skills requirement for graduation.

** Course Description:

This internship program offers students the opportunity to apply for “for-credit” internship positions with the Federal Public Defender’s Office for the Western District of Texas, Austin Branch. Students will assist in the defense of federal criminal cases under the supervision of Mr. Aldredge and other assistants. Information on the Federal Public Defender Office is available at: http://txwd.fd.org/austin. The office is located downtown at 504 Lavaca St., Suite 960, Austin, TX 78701. The internship requires a 10 hour per week commitment, but not all those hours need to be completed at the Fed. Public Defender Office. Students should expect to spend at least one day per week at the office or in federal court.

Students earn 2 credits (pass/fail) for the fall semester and, if they enroll in the spring, they earn another 2 credits (pass/fail) for spring semester. Students are encouraged to commit to a full academic year of internship study, but one semester applications will also be reviewed. This internship program is not available during either summer session.

Students may wish to enroll in the Fall 2023 Adv. Fed. Crim. Prosecution and Defense seminar, co-taught by Prof. Klein and Aleza Remis. They might also consider enrolling in Fed. Crim. Law, taught in the spring by Prof. Klein and in the fall by Judge Robert Pitman. Applicants may also benefit from having completed one or both Criminal Procedure courses, Evidence, any upper-level criminal justice course, and any internship or clinical program in the criminal justice field. None of those courses are required.

The application deadline for the next academic year is March 27th, 2023. Interviews are conducted at the Career Services Office or via Zoom. Though students will know whether or not they are admitted before fall registration, the unique registration number for the fall 2023 internship will not be available until April 15, 2023.

The Judicial Internship Program lasts for one semester and includes a weekly class and a concurrent internship in an approved court placement. Students research complex legal questions and draft memoranda, opinions and orders under the supervision of judges and their staff attorneys and law clerks. Students apply and extend their substantive legal knowledge and further develop their analytical, research, writing, and oral communication skills. Students also observe court proceedings and learn about court procedure and legal advocacy.

A fall or spring internship must extend over a period of at least 10 weeks between the first and last class day of the semester. Students work at the internship placement for at least 150 hours. Students who also enroll in the 1 credit Judicial Internship Program Supplement complete an additional 50 hours of work at the internship placement, for a total of at least 200 hours. Within these parameters, each intern arranges a mutually agreeable work schedule with the court. The internship must involve the student and the supervising attorney working in person; regular remote work is not permitted. Students and supervisors are expected to work together at their placement offices.

The weekly class covers a variety of topics relevant to the judicial process and working at a court, such as goal setting and reflection, judicial ethics, writing and communicating in chambers, judicial decision-making, statutory construction, and the organization and operation of the courts. Course requirements include reading assignments, class presentations, court observations, short reflective writing assignments, self-assessments, and timesheets. There will be a course packet available for purchase at the start of the semester. In addition to class meetings, students meet individually with the instructor several times during the internship to discuss their goals and review their progress.

Application Requirements: An application for approval to register is required. A student may not register until the instructor has approved the application. Before submitting an application to the instructor, a student must first apply for and obtain a judicial internship with an approved court in Austin. The student must be assigned to a specific judge on the court who agrees to participate in the Texas Law program. Approved courts include the Texas Supreme Court, the Texas Court of Criminal Appeals, the Texas Third Court of Appeals, the U.S. District Court (including the active and senior district court judges and the magistrate judges), the U.S. Bankruptcy Court, the Texas State Office of Administrative Hearings, and the Travis County Probate Court. Many of these courts post internship openings on the Career Services Office's Job Bank on Symplicity. Others post information about internships on the court's website. Apply as soon as possible. Most courts accept applications and select interns for the fall semester during the prior spring semester, some as early as March. A few make their selections closer to the start of the semester. A student who wishes to intern for academic credit must obtain the internship and apply to the instructor in time to attend the first class meeting. For the application for approval to register and more information about the Judicial Internship Program, go to https://law.utexas.edu/internships/judicial-internship/.

This program is open to students who have completed the first two semesters of law school. Interns who receive academic credit may not be compensated. Students may enroll only once in a judicial internship for academic credit.

The Judicial Internship Program lasts for one semester and includes a weekly class and a concurrent internship in an approved court placement. Students research complex legal questions and draft memoranda, opinions and orders under the supervision of judges and their staff attorneys and law clerks. Students apply and extend their substantive legal knowledge and further develop their analytical, research, writing, and oral communication skills. Students also observe court proceedings and learn about court procedure and legal advocacy.

A fall or spring internship must extend over a period of at least 10 weeks between the first and last class day of the semester. Students work at the internship placement for at least 150 hours. Students who also enroll in the 1 credit Judicial Internship Program Supplement complete an additional 50 hours of work at the internship placement, for a total of at least 200 hours. Within these parameters, each intern arranges a mutually agreeable work schedule with the court. The internship must involve the student and the supervising attorney working in person; regular remote work is not permitted. Students and supervisors are expected to work together at their placement offices.

The weekly class covers a variety of topics relevant to the judicial process and working at a court, such as goal setting and reflection, judicial ethics, writing and communicating in chambers, judicial decision-making, statutory construction, and the organization and operation of the courts. Course requirements include reading assignments, class presentations, court observations, short reflective writing assignments, self-assessments, and timesheets. There will be a course packet available for purchase at the start of the semester. In addition to class meetings, students meet individually with the instructor several times during the internship to discuss their goals and review their progress.

Application Requirements: An application for approval to register is required. A student may not register until the instructor has approved the application. Before submitting an application to the instructor, a student must first apply for and obtain a judicial internship with an approved court in Austin. The student must be assigned to a specific judge on the court who agrees to participate in the Texas Law program. Approved courts include the Texas Supreme Court, the Texas Court of Criminal Appeals, the Texas Third Court of Appeals, the U.S. District Court (including the active and senior district court judges and the magistrate judges), the U.S. Bankruptcy Court, the Texas State Office of Administrative Hearings, and the Travis County Probate Court. Many of these courts post internship openings on the Career Services Office's Job Bank on Symplicity. Others post information about internships on the court's website. Apply as soon as possible. Most courts accept applications and select interns for the fall semester during the prior spring semester, some as early as March. A few make their selections closer to the start of the semester. A student who wishes to intern for academic credit must obtain the internship and apply to the instructor in time to attend the first class meeting. For the application for approval to register and more information about the Judicial Internship Program, go to https://law.utexas.edu/internships/judicial-internship/.

This program is open to students who have completed the first two semesters of law school. Interns who receive academic credit may not be compensated. Students may enroll only once in a judicial internship for academic credit.

APPLICATION REQUIRED. Instructors: Robert Kepple and Erik Nielsen. The objective of this course is to educate students on the law and legal issues commonly encountered in criminal prosecution, and to familiarize the students with the unique duties and responsibilities of a criminal prosecutor not simply as an advocate, but as a minister of justice.

The course consists of a 2-credit classroom component and a 3-credit internship program in the Travis County District Attorney’s Office. All credits are pass/fail. The course is open to students who have completed the first two semesters of law school, but enrollment is limited and preference is given to students who have completed 43 credit hours or who are in their second semester of their second year of law school, and who would be eligible to appear in court for the State under the supervision of a licensed prosecutor. It is recommended that students have completed Evidence prior to this internship.

The classroom component of the course will require students to study substantive and procedural law and issues commonly-encountered by criminal prosecutors, covering topics such as charging instruments, discovery, search and seizure, jury selection, public integrity prosecution, trial tactics, evidence, post-conviction DNA, and oral advocacy. Students will also spend significant time discussing the unique ethical responsibilities and duties of a public prosecutor, with focus on the Texas Disciplinary Rules of Professional Conduct and the National Prosecution Standards.

Each student will also be assigned to a trial court prosecution team or to the Special Victims Unit in the District Attorney's office and will be supervised by prosecutors assigned to the court and the Unit. Students can expect to gain active experience in all aspects of the day-to-day functions of the public prosecutor, including the charging decision, pleading, discovery, motions to suppress evidence, motions to revoke probation, and the trial of the case. Commensurate with experience and opportunity, students may have the opportunity to actively participate in the courtroom proceedings.

Students are required to fill out applications for admission to the course and will consult with the instructors in advance regarding their court placement. Students must complete 150 hours of placement work for their internship. Each student will arrange a mutually convenient work schedule with their supervising attorney. Students may not receive compensation for their internship.

This public service internship course has two components: (1) a weekly class, and (2) an internship with a government or nonprofit organization that involves delivering legal services and performing other law-related tasks under the supervision of an experienced lawyer employed by the organization. Students engage in legal work in public service offices, gaining hands-on experience that they reflect upon and analyze in a weekly class. Assignments address topics relevant to the legal profession and professional identity, including ethics, advocacy and communication skills, and professional self-development.

In their internships, students will develop lawyering skills important to their current stage of professional development. Placement supervisors are experienced attorneys who broadly expose students to the activities of their offices, oversee varied and demanding assignments, and provide regular feedback on student performance. Students are required to work at least 150 hours at their internships during the semester, and students may not receive financial compensation for their internship work. The internship must involve the student and the supervising attorney working in person; regular remote work is not permitted. Students and supervisors are expected to work together at their placement offices.

The classroom component of the course is designed to enhance the educational experience of students by giving them the opportunity to reflect on their internship and to understand the broader landscape in which their internship is situated. Through the seminar, students will deepen their understanding of public service lawyering, ethical issues that confront public sector lawyers, and the role of lawyers in increasing access to justice.

Application Requirements: Students must submit an application for permission to register for the course. The course is open to students who have completed the first two semesters of law school. Before submitting an application to the instructor, a student must first arrange a government or nonprofit internship based in the Austin area. The instructor is available to consult with students about possible placements, and some organizations post opportunities on Symplicity. Each placement and supervising attorney must be approved by the instructor prior to registration. A student who wishes to intern for academic credit must obtain the internship and apply to the instructor before the first class meeting.

Students who have previously received credit through any of the other internship courses (nonprofit, legislative, judicial, etc.) are eligible to enroll in this course. Credits: 4 (graded pass/fail)

No scheduled meeting time.

Internship – APPLICATION REQUIRED. Contact the instructor for information about applying. Students must register for both Semester in Practice internship courses (one for 8 credits and one for 2 credits – for a total of 10 credits). Students must intern in-person at their field placements for this course, no remote internships will be approved.

Students in this clinical internship immerse themselves in practice, developing their professional skills and studying the role of lawyers and legal institutions. The course addresses topics relevant to public service lawyering in varied settings, including professionalism, ethics, advocacy, access to justice, the legal profession, and legal institutions. 

For placements in the U.S., students intern have the opportunity to intern full-time in government, nonprofit and legislative offices located outside of the Austin area.

For placements outside the U.S., students have the opportunity to intern full-time with specialized courts, international institutions, and nongovernmental organizations. 

Placement supervisors are experienced attorneys who expose students to the legal activities of their offices, oversee varied and demanding assignments, and provide regular feedback on student performance. Each student consults with the instructor to arrange his or her field placement, and each placement and supervisor must be approved by the instructor prior to registration. An international placement may be arranged in consultation with the Bernard and Audre Rapoport Center for Human Rights and Justice or arranged independently

Students are required to intern for 500 hours and may not receive a salary for their internship work, although they may receive a modest stipend to offset unusual living or travel expenses. Students are expected to complete a number of written assignments and maintain close contact with the instructor during the internship.

Interested students should review the course website (https://law.utexas.edu/internships/application-information//) and then email the instructor (Eden Harrington, eharrington@law.utexas.edu) to arrange a time to discuss the course.

No scheduled meeting time.

Internship – APPLICATION REQUIRED. Contact the instructor for information about applying. Students must register for both Semester in Practice internship courses (one for 8 credits and one for 2 credits – for a total of 10 credits). Students must intern in-person at their field placements for this course, no remote internships will be approved.

Students in this clinical internship immerse themselves in practice, developing their professional skills and studying the role of lawyers and legal institutions. The course addresses topics relevant to public service lawyering in varied settings, including professionalism, ethics, advocacy, access to justice, the legal profession, and legal institutions. 

For placements in the U.S., students intern have the opportunity to intern full-time in government, nonprofit and legislative offices located outside of the Austin area.

For placements outside the U.S., students have the opportunity to intern full-time with specialized courts, international institutions, and nongovernmental organizations. 

Placement supervisors are experienced attorneys who expose students to the legal activities of their offices, oversee varied and demanding assignments, and provide regular feedback on student performance. Each student consults with the instructor to arrange his or her field placement, and each placement and supervisor must be approved by the instructor prior to registration. An international placement may be arranged in consultation with the Bernard and Audre Rapoport Center for Human Rights and Justice or arranged independently

Students are required to intern for 500 hours and may not receive a salary for their internship work, although they may receive a modest stipend to offset unusual living or travel expenses. Students are expected to complete a number of written assignments and maintain close contact with the instructor during the internship.

Interested students should review the course website (https://law.utexas.edu/internships/application-information//) and then email the instructor (Eden Harrington, eharrington@law.utexas.edu) to arrange a time to discuss the course.

Instructors: Captain Andrew Lane and Prof. Susan R. Klein

No class meeting information is available for this class. Students will arrange their work schedules with their supervisors. They are expected to work about 10 hours per week during the fall 2023 and spring 2024 semesters.

Exams:            None

Registration Information:

This course is restricted to upper class students only. U.S. Army Externship – APPLICATION REQUIRED: https://law.utexas.edu/internships/u-s-army-internship/u-s-army-internship-course-information/

To apply, please e-mail a copy of your cover letter, resume and transcript (unofficial is fine) to Prof. Klein at sklein@law.utexas.edu and Captain Andrew Lane at andrew.d.lane7.mil@army.mil.  Students interested in the externship are encouraged to stop by Prof. Klein’s office at TNH 3.207 (her office hours are Wed. from 3:30 to 5:00 pm). You may call or text her at (512) 203-2257, or send her an e-mail at the above address. Alternatively, you may call Captain Lane at (770) 597-6542, or send him an email at the above address. You can reach the Fort Hood Trial Defense office at (254) 287-0476.

** This course meets the Professional Skills requirement for graduation. **

Course Description:

This externship program offers students the opportunity to apply for “for-credit” externship positions with the United States Army Trial Defense Service, Fort Hood Field Office. This course offers students a two-credit (pass/fail) externship to be completed over the fall 2023 semester and a two-credit (pass/fail) externship to be completed over the spring 2024 semester. While this externship program is not available during either summer session, students are welcome to apply for summer positions directly with that office. Students participating in this program must commit to both long semesters.

Students will assist defense counsels and paralegals in administrative separations and criminal proceedings pursuant to the Uniform Code of Military Justice. The Fort Hood Legal office is the largest and busiest office in the Army. Attorneys there have federal felony jury trials monthly, similar to those seen in a Federal District Court but often with crimes and facts unique to the military. Army JAG officers regularly change jobs, working as prosecutors, magistrate judges, defense attorneys, national security attorneys, and trial/appellate judges. This creates a level of collegiality and rapport not seen in criminal justice practice elsewhere.

Applicants may benefit from having completed or being enrolled in an upper-level criminal law course such as Adv. Fed. Crim. Prosecution & Defense, Federal Criminal Law, National Security Law, Cybersecurity Law, Criminal Procedure, Evidence, or Computer Law. None of those courses are required.

The externship component requires a commitment to work 10 hours per week, though not all hours must be completed at the office. Students should expect to spend one day per week at Fort Hood Trial Defense Service, 330 761st Tank Battalion Ave, Fort Hood, Tx 76544, working in the office or in court. Ft. Hood is located about halfway between Austin and Waco, a bit over an hour’s drive from the law school or about 50 minutes from Georgetown.

The application deadline for the next academic year is Monday, May 8, 2023. Interviews are conducted at the Career Services Office or over Zoom. Though students will know whether or not they are admitted before fall registration, the unique registration number for the fall 2023 internship will not be available until April 15, 2023.

Additional information about the U.S. Army Trial Defense Service, is available at: Trial Defense Service Public (army.mil).

No class meeting information is available for this class. Students will arrange their work schedules with their supervisors. They are expected to work about 10 hours per week during the fall 2023 and spring 2024 semesters.

Exams:            None

Registration Information:

This course is restricted to upper class students only. U.S. Attorney Internship – APPLICATION REQUIRED. Application and/or instructions on how to apply for this internship can be accessed on the web: https://law.utexas.edu/internships/u-s-attorney-internship/course-information/

To apply, please e-mail a copy of your cover letter, resume and transcript (unofficial is fine) to Professor Klein and AUSA Matt Harding. Please also send copies of the above to usatxw.staffing@usdoj.gov. Students interested in the internship are encouraged stop by Prof. Klein’s office at TNH 3.207 (her office hours Wed. from 3:30 to 5:00 pm). You may call or text her at (512) 203-2257, or send her an e-mail at sklein@law.utexas.edu. Alternatively, you may call AUSA Harding at (512) 916-5858, or send him an e-mail at matt.harding@usdoj.gov.

** This course meets the Professional Skills requirement for graduation. **

Course Description:

This internship program offers students the opportunity to apply for “for-credit” internship positions with the United States Attorney's Office for the Western District of Texas, Austin Division. This course offers students a two-credit internship to be completed over the fall 2023 semester and a two-credit internship to be completed over the spring 2024 semester, resulting in a total of 4 credits (pass/fail) for the academic year. This internship program is not available during either summer session.

Students may wish to enroll in the fall three-unit Adv. Fed. Crim. Prosecution & Defense seminar, co-taught by Prof. Klein and Aleza Remis. Students may also be interested in the three-unit Federal Criminal Law course taught by Prof. Klein in spring 2024 and the seminar taught by Judge Robert Pitman in fall 2023. Applicants may benefit from having completed either Criminal Procedure course, Evidence, any upper-level criminal law course, and any internship or clinic in the criminal justice field. None of those courses are required.

The internship component requires a commitment to work 10 hours per week for each semester, though not all hours must be completed at the office. The U.S. Attorney's Office is downtown at 903 San Jacinto Blvd., Suite 334, Austin, Texas, 78701. Students will assist in the prosecution of federal criminal cases under the supervision of Matt Harding, Dan Guess, and other Assistant U.S. Attorneys. Students should expect to spend at least one day per week at the office or in federal court.  Students must commit to both semesters.

The application deadline for the next academic year is Monday, March 27, 2023. Interviews are conducted at the Career Services Office or over Zoom. Though students will know whether or not they are admitted before fall registration, the unique registration number for the fall 2023 internship will not be available until April 15, 2023.

Additional information on the U.S. Attorney’s Office is available at: www.usdoj.gov/usao/txwd/.

Students may also review https://www.justice.gov/legal-careers/job/law-student-volunteer-academic-year-2023-2024.

This course introduces you how to use economic reasoning to analyze legal issues. The course will focus on the common law areas of property, contracts, and tort as well as the legal process and criminal law. Economic analysis of law analyzes legal rules with one main question in mind: how will people and firms respond to a given legal rule? That is, rather than look at the inherent "fairness" or "justness" of a legal rule, law and economics focuses on the incentives that a legal rule creates. The normative aspect of law and economics then asks how legal rules should be structured to create the most desirable incentives.

The materials for this one-hour pass-fail course are still being worked out.  What is most likely is that each week will focus, for the two-hour class period, on one or, at most, two, stories or a short novel that raise issues relevant to the law.  For example, under what circumstances do we properlyaccept private revenge, because, for example, a working legal system that provides adequate "justice" is lacking?  Does Shakespeare's "Measure for Measure" offer any useful lessons about "the rule of law" and/or "fidelity to law"?   We might also assign some legal opinions or essays that are thought to be of particular literary merit and analyze what that may (or may not) be true.  Each student will be required to provide three short essays (of roughly 500-600) words responding to the pieces assigned during particular weeks of your choice.  They will be ungraded, but we hope that they will provide the agenda for much of the class discussion for those weeks.

Stretching from Texas to California, the U.S.-Mexico border brings together diverse cultural experiences and identities, along with a unique set of legal issues.  This course will provide students with an opportunity to examine these issues from a historical perspective. 

We will begin with the role of conquest – beginning with the Spanish conquest of indigenous peoples, and the subsequent annexation and conquest of the border territories by the United States.

We will then turn to the impact of nationality, national origin, class, ethnicity, race and language on the law affecting border communities, focusing on developments in U.S. immigration, labor and civil rights law, as well as the 1848 Treaty of Guadalupe Hidalgo and the 2020 United States-Mexico-Canada trade agreement.    

The course will end with an examination of major controversies currently affecting the border region, including the militarization of the border zone; the construction of a border “wall;” and the treatment of undocumented immigrants and their children. 

There are no prerequisites.  Each student will prepare and present weekly reaction papers, along with an independent research project.

Prerequisite: Legal Analysis and Communication

This course is restricted to upper division students who have completed the first year, two semester, Legal Analysis and Communication course or who otherwise obtain the permission of the instructors. LLM and Exchange Students interested in taking the course should first contact the instructors to discuss whether their prior coursework includes instruction similar to a first year, two semester, Legal Analysis and Communication course. 

This one credit, pass-fail, seven week course will solidify and build upon legal research skills acquired during the first year of law school. It will focus on the identification and evaluation of relevant primary and secondary sources and efficient information retrieval. Students will learn how to design a research strategy that effectively integrates using online tools with an underlying understanding of traditional print resources.  Students who successfully complete this course will gain a thorough understanding of the use of legal information and research resources in diverse contexts. Emphasis will be placed on U.S. federal sources, but Texas materials will be referenced in the course, and will serve as a model for research in the legal materials of other states. 

Students will be required to complete both in- and out-of-class exercises throughout the course, but there is no final examination.

This one credit, pass-fail course focuses on research resources used in business and commercial practice. The emphasis of the course is on identifying sources and efficiently undertaking corporate, securities, and general business and commercial law research. It is not a class on the substantive aspects of corporate and securities law except as those aspects relate to the finding and interpretation of legal materials. Students will be evaluated on take-home and in-class research assignments.

This seven-week course will focus on the resources and methodology used in performing legal research in Texas. Through a series of lectures and assignments students will become familiar with the various types of legal research, including statutory law, case law, administrative regulations, and secondary practice materials. The course is offered on a Pass/Fail basis. Students are required to complete in-class and out-of-class exercises throughout the course, but there is no final exam.

This course is designed to acquaint students with the various genres of legal scholarship that can contribute both to the understanding of our legal system and to the practice of law. Three broad categories of legal scholarship will be read and discussed: (1) jurisprudential scholarship about the correct way to determine the internally-right answer to any legal-rights question in our legal system as well as about the existence of internally-right answers to legal-rights questions in our legal system, (2) analyses of the internally-correct answer to particular legal- rights questions or more general doctrinal questions, and (3) external-to-law analyses of the causes, consequences, "nature," or attractiveness of given bodies of law or legal-decisionmaking processes. To a significant extent, the course will be concerned with the contribution that philosophical, historical, sociological, and economic approaches can make to the study of these issues. The class will meet for three hours once a week. Each session will be divided into two 75-minute, related halves. Most weeks, the two halves will be taught by different presenters or sets of presenters who will discuss articles typically that they have written or occasionally that someone else has written that fall into a particular category. (In addition to the listed instructor, the course will be taught by something like 20 members of the law faculty and possibly some members of other faculties.) Each session will address not only the articles assigned themselves but wider issues the relevant genre of scholarship raises—for example, the jurisprudential assumptions behind a particular doctrinal article, the circumstances in which economic or historical analysis is internal-to-law and external-to-law, the prescriptive-moral relevance of economic-efficiency conclusions. In addition to having an obligation to participate orally in the class, students will be required to write four five-to-ten-page papers on the readings for particular weeks (that can address questions the presenters will pose in advance) and a longer (15-25 page) paper at the end of the course on one or more issues raised during the semester, on how (if at all) and why the course has or has not changed their view of legal education or their professional plans, and/or on anything else related to the course to which the instructor agrees. Within limitations associated with the value of spreading each student's writing evenly throughout the semester and the goal of having the same number of papers written each week, short-paper assignments will be based on student preferences. Short papers will not be assigned for the first two sessions or the last session of the course.

This course aims to familiarize students with Spanish-language legal concepts and terminology and to better prepare them for the use of Spanish in the practice of law. It is designed for students who are proficient in Spanish, but have limited exposure to its use in legal settings. The course will include lectures, readings, and written exercises, primarily in Spanish. The course size is limited to allow students ample opportunities to participate in classroom discussions and exercises, with an eye toward being comfortable communicating with clients or third parties in professional settings. The course will cover general concepts relating to the civil law tradition, as well as specific areas of law, including employment law, immigration law, civil procedure, M&A, and others.

To be added to the waitlist (after all seats are full), please email the instructors at: chris.weimer@gmail.com and ctrevino@jw.com

Advanced Legal Writing: Analysis and Process covers legal analysis, organization, clarity of expression, and writing mechanics, as well as managing research-and-writing projects. A key focus is on producing professional written work on the job.

In this course, students will practice distilling immigration arguments into the persuasive and pleasant-to-read prose necessary for successful advocacy. Documents to be produced, edited, and/or studied may include client declarations, legal memos, trial and appellate briefs, and others. Students will learn to draft for the various audiences an immigration practitioner will encounter, including clients, agency officials, trial and appellate judges, non-immigration lawyers, and the public.  Through peer-editing, students will become more empathetic writers and more skilled self-editors. 

This 2-credit class meets once each week. There is no midterm or final exam. It will be graded Pass/Fail.

Through lecture, discussion, legal writing assignments, and workshopping, this course will help students develop the legal writing skills necessary for successful litigation practice.  Students will draft litigation documents and participate in exercises meant to simulate actual legal practice.  We will also engage in creative writing activities to improve basic writing skills.

There is more to legal writing than the appellate brief. Legal Writing, Adv: Litigation introduces the types of documents used in civil litigation, such as the complaint and answer, discovery requests and objections, and jury instructions. All students will be required to write several litigation documents, evaluate documents written by others, and lead class discussions.

Legal Writing, Advanced: Litigation is a two-credit, pass-fail course. The course covers documents typically drafted during litigation, including pleadings, discovery requests, motions, and letters. Students will draft a variety of litigation documents and critique documents drafted by others.  Students will also make presentations and engage in in-class discussions and exercises.  Attendance is required.

The course focuses on the structure and style of contracts and agreements with a focus on modern drafting conventions. Students will practice revising and drafting various kinds of transactional documents.

The course focuses on the structure and style of contracts and agreements with a focus on modern drafting conventions. Students will practice revising and drafting various kinds of transactional documents.

Course Description Writing for Practice aka Yes, you can practice law in simple American English Among the major problems encountered by young lawyers as they enter practice is the transition from writing like a student to writing like a lawyer. This course is designed to make that transition easier by working on the differences between the two styles. This is not a litigation course. We will not be writing briefs, motions, etc. and very little research will be required. Some case reading and analysis will be required but you won’t have to find the cases; I’ll tell you which they are. My goal is to show you how to write for clients, which is very different from writing for teachers or professors. Accordingly, most of your work product will be client communication in one form or another. During the semester, we’ll work on a simple editing exercise, attempting to convert a poorly written letter to something that a client can understand and apply. We’ll look at a simple escrow agreement in connection with a real estate sale and explain to our client what’s wrong with it, and then move into a complicated business transaction involving taking a public company private and hiring its CEO as CEO of the private company. That involves a “how to” letter to the client, a term sheet for the CEO’s agreement and eventually a draft of the employment agreement with a memo to the client describing the agreement’s open questions and some of the choices that the client has to make to finalize the agreement. The emphasis throughout the course is not on preparing business documents – there are other courses for that – it’s on how to explain those documents to the client in a way that is as clear, concise and simple as can be accomplished.

Course Description Writing for Practice aka Yes, you can practice law in simple American English Among the major problems encountered by young lawyers as they enter practice is the transition from writing like a student to writing like a lawyer. This course is designed to make that transition easier by working on the differences between the two styles. This is not a litigation course. We will not be writing briefs, motions, etc. and very little research will be required. Some case reading and analysis will be required but you won’t have to find the cases; I’ll tell you which they are. My goal is to show you how to write for clients, which is very different from writing for teachers or professors. Accordingly, most of your work product will be client communication in one form or another. During the semester, we’ll work on a simple editing exercise, attempting to convert a poorly written letter to something that a client can understand and apply. We’ll look at a simple escrow agreement in connection with a real estate sale and explain to our client what’s wrong with it, and then move into a complicated business transaction involving taking a public company private and hiring its CEO as CEO of the private company. That involves a “how to” letter to the client, a term sheet for the CEO’s agreement and eventually a draft of the employment agreement with a memo to the client describing the agreement’s open questions and some of the choices that the client has to make to finalize the agreement. The emphasis throughout the course is not on preparing business documents – there are other courses for that – it’s on how to explain those documents to the client in a way that is as clear, concise and simple as can be accomplished.

This course examines the problems and issues that arise when state and federal legislative bodies exercise their power to conduct oversight and investigations of the public and private sector by focusing on the scope and nature of formal and informal processes such as oversight hearings, specialized studies, citizen and select study committees, legislative agency activity, subpenas and examinations, legislative review of administrative rules, and the removal of executive and judicial officers by the legislature. The course includes an examination of how legislative fact-finding compliments and collides with other law enforcement investigations and prosecutions and unique attorney-client privilege issues.

This course is a focused examination of mediation processes. We will take the topics from the Alternative Dispute Resolution course and extend our understanding with practical exercises. The student should leave this course better equipped to represent clients at mediation. This is a skills-oriented course that requires active participation, with the goal of immersing you in the developing realities of mediation.

This course is a focused examination of mediation processes. We will take the topics from the Alternative Dispute Resolution course and extend our understanding with practical exercises. The student should leave this course better equipped to represent clients at mediation. This is a skills-oriented course that requires active participation, with the goal of immersing you in the developing realities of mediation.

 This course is designed to give students an introduction to the real world experience of the dealmaking process, from the first contact between the parties to drafting and negotiating the documents that govern transformational corporate transactions. Over the course of the semester, we’ll break down the main agreements involved in a hypothetical deal with a view to developing a fundamental understanding of how those components interact with the overall business arrangement and deal dynamics. You will analyze and learn to understand how the key provisions of these transaction agreements are negotiated with a view to value maximization for the client and appropriate risk allocation among the parties to a deal. We will also discuss the less tangible aspects of dealmaking that take place outside the four corners of the transaction agreements but are no less important, including the economic and personal motivations of the various parties involved and the psychology and group dynamics of a deal process. As the deal world is an ever changing environment, we’ll look to bring current real world examples into the classroom. Students will engage in-class group practice assignments, including drafting (or “marking up”) transaction documents and preparing issues lists in the context of a prepared fact pattern. Subject matter experts from K&E will be presenting special topics, including financing strategies, navigating deal litigation and public disclosure issues.

Professional athletes have had a right of publicity – the right to profit from their name, image, and likeness – for decades.  Until recently, college athletes did not have this right, but recent court cases and state laws have changed this.  This course will analyze the new rights granted to college athletes, how the athletes can benefit from their name, image, and likeness, and how the new rules may change the landscape of college sports.

This course will survey the bodies of law and government institutions involved in counterterrorism. These include intelligence and surveillance law, criminal law, international humanitarian law (including rules for detention and targeting), public international law and U.S. Constitutional law relevant to the use of military force against terrorist groups, and others. It will also consider contemporary debates over domestic terrorism, online content moderation and mandatory takedowns, and encrypted communications, while enriching these discussions with international comparisons and guest speakers from the world of practice. Students will be evaluated based on a final exam and class participation.

This course will provide an introduction and overview of the “new” and expanding use of the traditional tools of economic statecraft -- including sanctions, export controls, and investment reviews -- to protect and defend the national security of the United States against foreign adversaries.  Students will learn how the Treasury and Commerce Departments have joined forces with more traditional national security actors in the Intelligence Community like the Department of Justice and the Department of Defense to advance U.S. national security interests abroad and to isolate and undermine foreign threats.  Students will consider the impact of laws like the International Emergency Economic Powers Act, the Arms Export Control Act, the Export Controls Reform Act, and the Foreign Investment Risk Review Modernization Act, as well as other regulations and authorities, and will be prepared to recognize and participate in the growing use of these tools in our post-September 11 world.

No textbook required; course will reference articles and cases.

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.

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 one of the primary skills used by lawyers in the daily practice of law. This course is designed to help students develop and refine practical negotiation skills. More specifically, this course fosters understanding of the psychological dynamics of the negotiation process, evaluates methods of reaching agreements, and offers an opportunity for each student to receive evaluations of his or her own negotiating skills. Students engage in simulated negotiations concerning a common problem such as sale of real estate, settlement of a lawsuit, or a contract negotiation. Some of these negotiations will be videotaped and discussed in class by the instructor.

ATTENDANCE IS REQUIRED AT ALL CLASSES. There will be no final exam. Grades will be determined on the basis of performance in the negotiation exercises, written assignments, class participation, and improvement in negotiation skills. Only students who are willing to commit sufficient time to work on the out-of-class negotiation problems should enroll for this course.

Lawyers and especially litigators are professional problem solvers. Negotiation is an integral part of crafting solutions. This class is a learn by doing experiential class helping students master the negotiation skills essential for a modern litigation practice. Expect an interdisciplinary approach to finding solutions, discovering your style, managing others, reaching resolution, and maintaining personal balance. 

Oil and Gas Law provides an overview of oil and gas law throughout the United States, with emphasis on Texas. Students will gain an understanding of basic oil and gas law principles, derived from a combination of property, contract, administrative, tort, and constitutional law. The course provides a unique opportunity to take a law course that cuts across several core law-school subjects and from the perspective of a particular business—the upstream oil and gas industry and affected landowners. Oil and gas is the world's most widely traded and strategically important commodity, from which important customs and practices have evolved to influence both contract provisions and law as well as governent regulation and policy.

The materials for the course are Lowe, Anderson, Kulander, Ehrman, and Griggs, Oil and Gas Law: Cases & Materials (8th ed. 2022), various forms used in oil and gas transactions and regulatory orders, and other supplemental materials. The course syllabus and supplemental materials will be available on Canvas; however, any supplemental cases can be found on Westlaw or Lexis.

Unless otherwise announced in the syllabus, a final examination will cover all subject areas discussed and assigned over the course of the semester, including assigned reading and supplemental classroom information. The format and the nature of the exam will be announced later but you should anticipate part multiple-choice questions and part essay. Your grade will be based on the final exam. However, credit may be given for high quality class participation to increase the final grade by one grade increment, e.g., from a final exam grade of B+ to a final course grade of A-. Conversely, if someone is consistently unprepared or absent, his or her final rade may be reduced by one grade increment, e.g., from a final exam grade of B to a final course grade B-.

Prerequisite: Law 254J, 354J, 454J, 554J, (Federal Income Taxation) 254N, or 354N (Federal Income Taxation A).

The course covers the taxation of partnerships, limited liability companies and S corporations, the most common forms of business organizations that involve a single level of tax. Most business entities with non-publicly traded interests take one of these forms; almost all such entities should take one of these forms. The rules on partnership tax also are increasingly relevant to a corporate and international practice as partnerships are used for corporate and international joint ventures and as vehicles for mergers and acquisitions. The course is essential for anyone who intends to practice in tax. It is useful for anyone who intends to practice in an area involving significant business planning.

This course provides a practical understanding of the primary business objectives and legal considerations in equity co-investing and the formation of joint  ventures (“JVs”) as well as the core legal documents commonly used to govern them. While the form and terms of a JV can widely vary, we will focus primarily on investments carried out through separate legal entities and, with a few exceptions, assume the JV and JV parties are US entities. Throughout the semester, students will not only gain an understanding of common business and legal terms negotiated in the formation of a JV, but also see how those concepts are translated into the form of a legal agreement using model documents (primarily the limited liability company agreement  or shareholders agreement). We will also use select facts pertaining to real life JVs to illustrate the areas of possible tension or alignment between JV parties and how different types of JV partners (financial vs. strategic) bring different contributions and concerns to the table. The course will also provide a general background of private equity structures and strategies.

25% Class Participation

75% Drafting Exercises (3 total) - Over the course of the semester students will complete two drafting exercises where they will be asked to review and propose revisions to or interpretations of select provisions of a joint venture agreement using a hypothetical fact pattern and client goals based on readings and class discussions on the applicable topic(s). There will be a third and final assignment to be completed as a take-home final which will require students to analyze a hypothetical fact pattern and documents using the knowledge gained over the course of the semester  

It is strongly suggest students take Business Organizations/Associations as a pre-requisite or at a minimum concurrently with the course.

This course examines doctrines and policy concerns of United States patent law. Focal points include (1) patentability requirements such as eligible subject matter, novelty, and nonobviousness; (2) assessment of patent scope and forms of infringing activities; and (3) theories and institutions of patent law. There are no specific prerequisites. The course is designed to be accessible to students without a science or engineering background. Students are required to participate in class on "on call" panel days. Grading will be based on satisfaction of the panel requirement and performance on a one-day, take-home examination.

This Patent Litigation course will cover major issues in a typical patent litigation from pre-suit evaluation through trial and appeal (time permitting).   Students will be divided into two roughly equal groups, one representing the plaintiff (and patent owner), the other will represent the defendant. Students will develop a patent litigation between two fictional companies. The phases of litigation covered will include: pre-suit analysis, complaint/answer, early motion practice, discovery, claim construction, expert reports, pretrial/trial, and appeal.  The course will also cover inter partes review and the Patent Trial and Appeal Board.  We will also discuss mediation and settlement.

This course covers practical aspects of preparing and prosecuting patent applications with the United States Patent and Trademark Office and non-U.S. patent offices.  Hands-on experience will be obtained with analyzing invention disclosures, preparing claims, preparing patent applications, responding to restriction requirements, responding to office actions, filing appeal briefs, filing continuing applications, etc. 

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

This course covers persuasive legal writing and oral argument before an appellate panel.  All students will complete a series of assignments designed to help you learn to write an appellate brief.  All students will write a complete appellate brief and make two oral arguments.  The course also covers other practical legal skills.

 This course is for 3Ls who will be clerking for a federal district or magistrate judge. It is taught by an active and a recently-retired federal magistrate judge, both of whom also clerked for a federal district judge.    

On your first day in your new clerkship, you will inherit the responsibility of overseeing a docket of 100 or more cases, all of which have ongoing motion practice, upcoming trial dates, and a lot for a law clerk to do.  And most of the things you will need to do are things you have never done before, like preparing a bench memo for a hearing, or an order denying a 12(b)(6) motion.  The first few months in a clerkship can be pretty overwhelming. This class is intended to provide you with enough knowledge and insight into the nuts and bolts of a district or magistrate judge clerkship to allow you to hit the ground running on your first day.  It covers everything from how to read a docket sheet and find the pleadings in your cases, to drafting a memorandum opinion.  It is a  two-credit, pass/fail, small and collaborative class.  

Permission to enroll must be acquired prior to registration. Students must have a verified federal district clerkship. Before the registration period begins, email: clerk-admin@law.utexas.edu to request verification and departmental access to register online.

The United States incarcerates more people than any other country on earth, with more than 1.9 million people in custody on any given day. Prisons and jails are places that cause tremendous harm to the people who live and work in these settings, and it has become increasingly clear that environmental factors contribute to the risks they face. For example, incarcerated people and corrections staff are exposed to extreme temperatures, contaminated water supplies, hazardous chemicals, toxic air quality, and climate-change induced events, such as flooding, wildfires, and other natural disasters. At the same time, the carceral institutions themselves can create hazardous environmental conditions. It is no coincidence that these environmental risks disproportionately impact low-income people and people of color.

This course examines the range of environmental risks in the carceral setting by focusing on specific case studies of environmental harm suffered by incarcerated people in several instances over the last ten years. We will hear directly from people who have been incarcerated who can speak to the impact of these environmental hazards. We will examine some of the practical challenges that arise when it comes to addressing these environmental risks, such as the politics of funding infrastructure improvements, the complexities of the policy development process, and the difficulties of mass evacuations. We will explore the laws and policies in place to protect incarcerated people from environmental impacts, and the gaps in protection that exist. We will also delve into the legal obstacles people in custody face when they seek redress for the environmental harms they have suffered.

This new seminar, cross-listed between the LBJ School and the Law School, approaches these issues from a highly interdisciplinary and practical perspective. It will be co-taught by two professors, one with expertise on prison policy and practice and the other with expertise on environmental law. We will also have guest speakers with lived experience relevant to these issues.

Course Requirements This seminar is dependent upon an informed and lively discussion. Students are expected to attend all classes, do all the reading, and come to class with thoughtful comments or questions about their reading assignments. The course will have a heavy reading load. Class participation is critical and will be considered in grading. Students will be required to undertake an original research project on an approved topic of their choice and will write a 10-page issue brief and make an oral presentation to the class about this topic. Additionally, students will submit a couple of shorter writing assignments during the semester and may be asked to help lead class discussion or to conduct some outside research on a specified week’s topic. Students may be paired with a classmate in the other department to conduct certain assignments.  

This course addresses the law of privacy and personal data protection under two dominant, but quite different, legal regimes. In this course, we will review privacy fundamentals – principles, risks, and harms - within the U.S. legal framework, including federal consumer, financial, and health privacy laws, and historical and emerging state laws. We will discuss and evaluate important aspects of the evolving U.S. legal framework and the EU GDPR (and other, recent European data laws), taking into account unique challenges posed by the evolution of digital data technology such as biometric data processing, breach response, cross-border data transfers, technological automony, and artificial intelligence.

The process of forming and capitalizing private equity and venture capital funds is a foundational first step to an understanding of how private companies are financed globally. Over the course of the week, students will develop an understanding of each player in the fund formation process (e.g. limited partners, general partners, lawyers, placement agents, etc.), each party’s leverage points, and how each party is necessary for a successful fundraise. We will also walk through all of the necessary documents in a fundraise (e.g. limited partnership agreements, private placement memorandum, side letters, etc.) and, through the use of example provisions, learn the various negotiation points that each party is focused on.

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 most 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.

This course fulfills the Professional Responsibility requirement for graduation.

The exam format will depend on what is ultimately permitted by the university.  If current regulations continue, the exam will be a time-limited (likely 3 hours) exam with a mix of word-limited long essay questions and word-limited short answer questions.

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.