Course Schedule

A study of how government regulates citizens and business in Texas, including an analysis of the powers and procedures common to state agencies in Texas. Special focus is given to the power of agencies to regulate by the adoption of rules and the holding of due process hearings (including contested case hearings under the Texas Administrative Procedure Act). Further, the course will look at judicial review by the courts over agency actions and "open government" laws relating to governmental actions and records.

What appears below is a fairly standard description of an admiralty law survey course. Regrettably, it does not convey the uniqueness and excitement of this intellectually challenging area of the law. It has been written that maritime law should be mandatory in the first year of law school since it will excite students about law and introduce them to every subject they will study at the law school. And a national humor magazine, in a pseudo law review article concerning the Law of the Jungle, declared that "nothing... begins to compare in complexity and sheer orneriness with aquatic law."

Anything that happens on or near a body of navigable water is liable to call forth the admiralty jurisdiction of the federal courts and the application of the federal maritime law. The practice of admiralty and maritime law is somewhat specialized--admiralty lawyers still like to call themselves "proctors"--but any lawyer who practices in a port city (on an ocean, river, or lake) or who handles international transactions of any sort is likely to run into admiralty problems. (Yes, there is a lot of admiralty in Baton Rouge, plenty of it in Cincinnati, and probably still a little bit in Ogallala.) England had a specialized admiralty practice, and our Constitution set up admiralty and maritime law as a separate subject in this country by explicitly vesting the federal courts with full (but not exclusive) power over "all cases of admiralty and maritime jurisdiction."  Understanding admiralty and maritime law accordingly entails some historical inquiries as well as a significant re-education in aspects of constitutional law affecting the division of power between the national and state governments. But the focus of the course is predominantly modern law, and the course materials consist in major part of recent judicial decisions and oft-litigated statutes.

This course delves into issues presented by injuries to maritime workers (including the Jones Act and the Longshore and Harbor Workers' Compensation Act); injuries to ship passengers and recreational boaters; carriage of goods under private contracts of carriage (charterparties) and under bills of lading (including the Carriage of Goods by Sea Act); collisions between vessels; marine insurance; and forum shopping in maritime cases. The emphasis is on the present-day problems of maritime lawyers and judges as reflected in current litigation. The name "admiralty" may conjure up images of antiquity, but the practice and study of maritime law is a thoroughly modern matter. There are no prerequisites.

Course Overview

This course will involve an intensive team research project related to the challenges of aging in prison. We will be conducting the work on behalf of a community partner, the ACLU’s National Prison Project, and we will have responsibility for updating sections of a major report on this topic that the National Prison Project published 12 years ago (At America’s Expense: The Mass Incarceration of the Elderly).

Geriatric individuals represent the fastest growing segment of the incarcerated population due to 1990s-era policies allowing for the imposition of extremely long sentences, including life without parole. Many of those sentenced in the 1990s are now hitting their 50s and 60s or beyond, and policy makers and corrections officials are now reaping the consequences of those tough-on-crime policies. Aging in prison presents numerous challenges, including high medical costs, chronic health needs, management of a physically vulnerable population, dementia, mobility concerns, and hospice needs. At the same time, this population presents few public safety risks, if they were to be released to the community, but in many cases, the individuals have nowhere to go. And, for many people, the law currently prohibits their release. From humanitarian, cost, and public safety standpoints, the geriatric population in prison is an ideal target for policymakers to consider for decarceration efforts.

Our class will be doing a 50-state analysis of elder incarceration issues. We will gather and analyze demographic data, examine the impact that COVID had on this older population, identify strategies such as compassionate release for reducing the number of geriatric individuals behind bars, highlight policies that states have implemented to address the aging population, and assess the fiscal impact of savings from early releases. A large part of our efforts will be focused on data analysis and the creation of graphs to illustrate our findings, and we will also be translating this data into prose.

The first few weeks of the course will involve substantive classes and a few assigned readings to provide students with the necessary background for their research project. After that, the class will function more informally, with regular meetings between student teams and the instructor to ensure ongoing progress. Teams will likely each consist of three to five students, with each team working on different aspects of the larger project. Students will be investigating practices all over the country, and will have the opportunity to speak with experts and practitioners as part of their research.

There may also be an opportunity to visit a Texas prison facility that holds a large number of geriatric individuals.

Prerequisites

This course is limited to second-year LBJ students who have had IEM and who have an understanding of descriptive statistics and analysis. No advanced statistical background is necessary. First-year LBJ students with relevant background can be admitted by permission of the instructor. Law students do not need to have this statistical analysis background, but should be comfortable with policy analysis.

Students should be prepared to engage in substantial research and writing, and should be comfortable working in teams on a significant project. While a background in criminal justice or corrections is not required for the class, it would certainly be helpful.

Instructors

This project is being coordinated by the Prison and Jail Innovation Lab (PJIL) at the LBJ School. PJIL is a national policy resource center focused on ways to improve the safe and humane treatment of people in custody. Course instructors Michele Deitch and Alycia Welch serve, respectively, as Director and Associate Director of PJIL.

Our community partner is the ACLU’s National Prison Project (NPP), the country’s leading prisoners’ rights organization. The NPP’s project lead is Alyssa Gordon, a 2022 graduate of UT Law School and a former student of Michele’s, who is the NPP’s Borchard Fellow. The directors of the NPP are David Fathi and Corene Kendrick (LBJ 1996), both of whom are nationally-respected attorneys. Students will have the opportunity to learn from all of them during the semester.

Learning Objectives

Through this class, students will develop skills in conceptualizing, conducting, and completing a significant research project that will be of use to policymakers, corrections practitioners, journalists, and advocates. They will learn how to research and write for a policy audience, and will improve their skills in data analysis and fiscal analysis. Students will also improve their teamwork and project management skills.  

Course Requirements and Grading

Students are expected to attend all classes and team meetings, participate fully in the group work activities, submit work to their teammates in a timely manner, and produce work products that are well-written, accurately analyzed, and responsive to the assignments. Each team will produce a variety of work products, to be determined in collaboration with our partner. Teams may also be asked to conduct an oral briefing about their research.

Students will be graded on the basis of the quality of their individual contributions to the group project, the overall group project (a team grade), and on class participation.  Students will also be asked to submit a self-assessment as well as an assessment of their fellow team members’ participation in the group work.

This course is cross-listed between the LBJ School and the Law School, which will allow for an interdisciplinary approach to this topic.

A course focusing on real-life cases and key strategic decisions made immediately before and during trial to position you for success. Nationally renowned trial master, David Beck, will demonstrate, share secrets and teach strategy.  This is an advanced course. Texas Civil Procedure and Advocacy classes are recommended prior courses.

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.

Advocacy Survey Skills is designed to teach you how to practice law.

And by you we mean all law students, not just those who intend to become litigators or trial lawyers.  You are notexpected to have any background in public speaking, moot court, or mock trial. There is a misperception that only students who enjoy public speaking attend law school, or further, that you will leave law school a fantastic public speaker as every course helps improve your advocacy. Instead, by the end of their first year some students forgo litigation and trial work because they erroneously believe you either have a gift for public speaking or not. Nothing could be further from the truth. Our job is to make each of you outstanding advocates no matter what your comfort level is coming into our class. As a former student courageously explained:

"I want you to know this class changed my life. In our very first storytelling session, I told Prof. Lein I was terrified of courtrooms. That was 100% true. I came into law school convinced I'd become a transactional lawyer because of prior work experience and my dislike of courtrooms--where "transactional lawyer" is maybe shorthand for "doesn't do any public speaking" and "doesn't argue with people."

I'm not afraid of courtrooms anymore, but there's more to it than that. Tackling my fear in this class, in the graceful way you teach it, has truly changed my life. A whole new side of the law has opened up for me to explore, as well as a whole new way of showing up in the world."

We only have three short years to prepare you for the practice of law, and we want you to be ready on Day One. This course is designed to teach you the skills to be successful in whichever type of law you practice.

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.

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.

The course studies the development, interpretation, and application of the antitrust laws of the United States, specifically the Sherman Act, Clayton Act, FTC Act and other laws designed to protect consumers by ensuring competition in the marketplace. Specific topics include dominant firm behavior and exclusionary conduct, agreements among competitors, mergers, and vertical agreements (such as agreements between a supplier and a distributor). The course examines Supreme Court case law, recent and influential lower court decisions, and modern enforcement practice at the Federal Trade Commission and United States Department of Justice. Although basic economic concepts are integrated throughout the course, no background in economics is required or assumed. The class will begin with a brief primer on the most important economic concepts we will use in the course in order to make the course accessible to all interested students.

This course offers an exploration of U.S. banking regulation, providing a nuanced understanding from the perspective of a federal regulator. By delving into current events and issues, the course will shine a light on the continuous oversight conducted by state and federal regulatory agencies over banks, including an examination of their powers, activities, and the role of federal deposit insurance. Students will gain insights into the U.S. government's distinctive strategies in ensuring safety, consumer protection, combating anti-money laundering, and addressing failed banks.

The course covers key aspects of banking law such as chartering, special limits on bank activities, obligations under the Bank Secrecy Act and other anti-money laundering statutes, and the regulatory framework established under the Dodd-Frank Wall Street Reform and Consumer Protection Act.  By exploring contemporary topics like digital currency and fintech, students will develop a solid foundation to navigate the complexities of the current system and actively contribute to future financial sector reforms.

Textbooks and Reading:

Required Textbooks:

Karol K. Sparks, Banking Law Essentials,  American Bar Association Business Law Section (2022)  

Ben S. Bernanke, Timothy F. Geithner, Henry M. Paulson Jr, Firefighting: The Financial Crisis and Its Lessons (2019)

Gottfried Leibbrandt and Natasha De Teran, The Pay Off: How Changing the Way We Pay Changes Everything (2022)

John Bovenzi, Inside the FDIC: Thirty Years of Bank Failures, Bailouts, and Regulatory Battles (2015) - This book will be provided to each student by the professor.

Additional reading assignments in the syllabus and will occasionally be adjusted to remain current. 

Reference Materials: 

Outside reference materials may provide information on additional topics of interest.   These are not required for the course. The reference materials are:  

Salonia Ramakrishna, Enterprise Compliance Risk Management: An Essential Practitioners Toolkit (2015) (PDF)

Ahmed Siddiqui, Anatomy of the Swipe: Making Money Move (2021)

Carol Coye Benson, Scott Loftesness, et al. Payments Systems in the U.S.: A Guide for the Payments Professional Payments Systems in the U.S. 2nd edition (2017)

David Caruso The Investigators: The Outlandish Inside Story of the Investigation That Created the Multi-Billion Dollar AML Compliance Industry (2023)  (PDF)

This course is for students who want to practice bankruptcy - and for those who simply want a fun, challenging course that covers a key legal system underlying the U.S. and global economies. It covers Title 11 of the U.S. Code, the Bankruptcy Code. The course 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 and fraudulent conveyances), 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, 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. Grading will be primarily based on the exam but there is a class-participation component. Prerequisite: none.

Textbook 1: The Law of Debtors and Creditors: Text, Cases, and Problems (Aspen Casebook) 8th Edition, ISBN: 9781454893516

Textbook 2: 2022 or 2023 statutory supplement Bankruptcy and Article 9.

Side Note: The least expensive way to purchase both textbooks is through the Longhorn Textbook Access Program: Bundle: The Law of Debtors and Creditors: Text, Cases, and Problems, Eighth Edition with Bankruptcy & Article 9: 2023 Statutory Supplement Access Elizabeth Warren, Jay Lawrence Westbrook, Katherine Porter, John A. E. Pottow - $189.36 – Connected eBook digital access code + 2023 Supplement digital access.

This dynamic, practical class will help set students up for long-term success in private practice and position them for leadership opportunities and community engagement. Billable hours are important, but they don't tell the whole story. We'll delve into the intricacies of billable hours and law firm economics to learn how and why billable hours matter. Then we'll look beyond the clock to explore how you can create a more fulfilling and impactful practice. Through hands-on sessions and select guest speakers, we will cover topics such as professional and business development, leadership opportunities, community engagement and non-profit board service, as well as navigating life and career changes. This class aims to equip students with the knowledge and skills to take control of their professional journeys, balancing the demands of billable hours with a holistic, big picture approach to professional growth.

An introduction to the legal rules and principles, as well as some of the economic factors, that pattern the conduct of productive enterprise in the U.S. The principal focus will be upon the large, publicly traded corporation that dominates much of the U.S. business environment - in particular, its financing, its control, and the potentially conflicting interests that the firm must mediate. Legal topics to be covered accordingly include shareholder and executive compensation, basic fiduciary obligations, shareholder voting rights, derivative suits, corporate reorganization and control transactions. We shall also devote some attention to partnerships, closely held corporations and other business forms. No prior background in business law or economics is assumed. 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, 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 is an enriched, five-unit version of the basic introductory and survey course in the corporations/business organizations area; there are no prerequisites whatsoever. This course considers issues relating to the selection of business form (e.g., partnership, limited partnership, corporation, and limited liability partnership), as well as the formation, financing, operation, and control of business organizations. Primary emphasis is placed on conducting business in the corporate form. The course examines corporate governance and other matters associated with both closely held corporations and publicly held corporations. Corporate governance stems from the interplay of market forces and the legal landscape; the latter stems in part from a mix of common law principles, state and federal statutes, and Securities and Exchange Commission rules, and shareholder litigation. Certain litigation, market, regulatory, and transactional issues covered in this Business Associations (Enriched) course are not covered in either Business Associations or Corporations. This course also has a greater focus on publicly-held corporations and modern corporate and financial developments. This enriched course does NOT require any prior business-related undergraduate coursework or any work experience in business-related matters. Corporations and Business Association, Business Associations, and Business Associations (Enriched) may not be repeated for credit.

This course will discuss the central legal issues in the creation and growth of the state-authorized THC-cannabis and Hemp-cannabis industries in the US.  This course will explore the patchwork of licensing regimes and regulatory requirements for THC-cannabis and Hemp-cannabis businesses.  This course will also explore the tension that exists between federal and state laws and how this tension creates unique challenges in farming, manufacturing, distribution, advertising, and banking among other issues of commerce.  This course will also discuss the future of cannabis regulation from a federal, state, and local perspective.  Students will be expected to participate in discussion each week and in group projects taking place during class.  This course has no textbook and no specific prerequisites.  No technical background is required.  This course is designed for students to gain a practical understanding of how attorneys and other professionals work in these new and growing industries that are constantly in regulatory flux. 

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.

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.

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.

Mandatory extra class session on Friday, August 30, 2024 from 10:00 AM – 2:00 PM.

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 12-15 hours per week on clinic work. 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 while they are enrolled in the Criminal Defense Clinic. An application is required.

Mandatory extra class session on Friday, September 6, 2024 from 12:00 - 6:00 PM and Saturday, September 7 from 9:00 AM - 6:00 PM.

What is the DRC? 

Students in the Disability Rights Clinic (DRC) represent clients with disabilities in a variety of legal contexts.  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 facilitate critical services necessary for the student's 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.

NOTE: During academic year 2024-2025, the Domestic Violence Clinic will be offered ONLY during the Fall 2024 semester. The Domestic Violence Clinic WILL NOT be offered during the Spring 2025 semester.

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. Students will also perform parole advocacy on behalf of survivors of domestic violence who are in prison due to their victimization. Law students work alongside social work intern partners from the Steve Hicks School of Social Work to provide clients with holistic services for better outcomes.

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. Mandatory extra class session on Saturday September 7, 2024 from 10:00 AM – 12:30 PM. You may not participate in the Clinic if you do not attend the extra class. 
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 the Domestic Violence Clinic.  

Prerequisites: Students enrolling should not be on scholastic probation. An application is required.

Taught in the Fall by Frances Leos Martinez, Clinic Director. The Clinic is open to students who have completed their first two semesters. 6 credits (pass/fail) — offered in the Fall and Spring.

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, in-person teamwork, weekly team meetings with their clinic supervisor, and research and initiative on their cases. 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 2:30-4:30 pm. Three classes will run to 5:30 pm. There is a mandatory orientation class on the first Friday of the semester, from 1:00-4:30 pm. In addition to class, students are required to keep a weekly schedule of 8 in-clinic office hours, over the course of three days from Monday through Friday, between 8:00 am-5:00 pm. 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 clinic case work. Attendance is required at the orientation and all classes and case rounds. Students should also note that teamwork is a key component of clinic case work. Students will be assigned to a team partner with whom they will work during the semester.

Clinic casework is conducted in teams and students will be assigned to the same team for the semester.

Enrollment is by application only. Students are encouraged to apply for the Clinic during early registration 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) 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 approximately 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 Rita Stramel (environmentalclinic@law.utexas.edu).

Housing Policy Clinic – 6 credits, pass/fail (application required)

Students in the Housing Policy Clinic work on cutting-edge policy projects to systemically advance low-income persons’ access to affordable, just, and secure housing. The Housing Policy Clinic offers law students:

• Deep engagement in the housing policy and law reform landscape
• The opportunity to develop public policy solutions and legal reforms to the nation’s most pressing housing challenges
• Close interaction with clients and other housing policy stakeholders
• Development of an expansive range of lawyering skills, including:
  • Creative problem solving
  • Translating research findings into actionable and impactful policies
  • Law and policy analysis
  • Interviewing and counseling
  • Oral and written advocacy

Projects

HPC students work in teams of two to three students on one to two policy projects, working closely with the clinic faculty, clients, and other stakeholders, including housing advocacy organizations, government officials, and community organizations. Over the course of the semester, students complete a number of written deliverables for their clients, such as policy briefs, research reports, know your rights materials, model laws, and regulatory guidance. Students also have the opportunity to hone their oral advocacy skills, such as through delivering testimony to legislative and regulatory bodies.

Classroom

In the classroom, HPC students discuss current and emerging housing law and policy issues and hear from guest speakers actively working in the housing policy and housing justice space. In the classroom, we also focus on skill development through hands-on exercises to support the Clinic’s housing policy projects. Classes include time to work in teams on clinic projects, although students should expect to spend additional time on their projects outside of the classroom.

Time commitment

HPC students should expect to spend a total of 16-18 hours per week in the Clinic, including work on their policy projects, class time, and class assignments. 

Additional information

This is a six-credit hour clinic that is offered only in the fall (although students who have completed the Clinic may apply to participate as advanced clinic students for the spring semester). Grading is on a pass/fail basis. 

There are no prerequisites for this Clinic, but an application is required. Students are encouraged to apply for the Clinic early as enrollment is limited.

For more information, contact Professor Heather Way at hway@law.utexas.edu.

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 but focuses on deportation defense and asylum claims, including for detained persons. The Clinic has handled cases for clients from, among other countries, Afghanistan, Colombia, Honduras, Guatemala, El Salvador, Eritrea, Mexico, and Pakistan. The Clinic represents clients of all ages, including unaccompanied children and families. Students also engage in national and international advocacy projects to 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, develop client relationship skills, and practice a variety of legal advocacy skills and techniques. The Clinic allows students to explore different models for effective and collaborative lawyering, including interdisciplinary practice with social work student interns and expert witnesses from medical, social science, and mental health backgrounds.

Immigration Clinic students work on their cases collaboratively in teams. The Immigration Clinic meets for class two times per week for an hour and a half. As an orientation, the first two classes of the semester are extended (an additional hour), and an extra session is held on Wednesday evening during the first week of classes (1.5 hours). Grading is on a pass/fail basis for this six-credit hour clinic. There is no final exam or paper; instead, students receive feedback throughout the semester from faculty and peers and conduct a self-evaluation at the end of the semester that is discussed with faculty. Students should expect to spend approximately 20 hours per week on Clinic work, including class time and office hours in the Clinic suite. Work on cases and projects may be required over breaks (Thanksgiving or Spring Break). Participation in the Clinic is generally not compatible with participation in moot court or other competitions that require travel during the semester, and personal travel may need to be limited in light of case and project obligations.  Students will occasionally travel to area immigration detention facilities and to San Antonio where the Immigration Court and DHS offices are located, sometimes including early morning departures and unavoidable absence from other classes.

An application is required, and students are encouraged to apply for the Clinic during the early registration window as enrollment is limited. For more information about the Immigration Clinic, contact Denise Gilman (dgilman@law.utexas.edu) or Elissa Steglich (esteglich@law.utexas.edu). 

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 at https://law.utexas.edu/first-amendment-center/.

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.

This pass-fail course will study – in real time – the likely Fall 2024 (or Spring 2025) resolution of three class-action antitrust lawsuits (House v. NCAA, Carter v. NCAA and Hubbard v. NCAA) that will radically alter the landscape of college athletics. Although the parties negotiated a term sheet in May 2024 that broadly addresses big picture items, as of June 2024 neither the member schools nor the thousands of former and current DI athletes know the details of the $2.7 billion settlement agreement the NCAA board of governors and the autonomous/power conferences reached with the class action lawyers who represent the student-athletes (SAs).

Broadly speaking, the parties agreed that the NCAA and autonomous conferences will compensate SAs for earnings they did not receive for the commercial use of their name, image and likeness, video games and broadcasts because NCAA rules prevented them from being paid when they played sports. The settlement will also restructure college athletics going forward and will allow the conferences to create a new compensation model that can include revenue sharing agreements with their SAs. The course will mostly focus on the House settlement though we will also discuss how laws like Title IX, immigration, and labor laws may be implicated if colleges pay SAs.

There are no required textbooks. Assigned readings will include court pleadings, likely will include news articles (or blog entries) and media clips, and may include excerpts of law review articles or policy papers. Evaluation will be based on participation in class discussions, postings to Canvas, and a 10-page (minimum) paper.  Students who have taken other sports law classes are welcome to take this class. While you do not need to be a former SA (though former SAs are welcome!) to take this class, you likely will be confused by (and miserable in) this class if you are not an avid college sports fan.

Commercial Leasing: A practical perspective.

Whether you are a lawyer in a private law firm, in house counsel for a hospital, or a business owner operating a restaurant, you will likely come across a commercial lease at some point in your career. This practicum will guide students through real examples of lease negotiations, litigation strategies, and risk mitigation techniques. Students will review case law, learn how to analyze and draft lease provisions, discuss evolving real estate use in various market scenarios, and how to think outside of the box to complete the transaction. We will develop a working checklist when analyzing a commercial lease and students will be assigned drafting and editing exercises both in class and as part of the final exam. 

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

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

The course begins by developing my position on legitimate and valid legal argument in the United States. That position is based on (1) the postulate that to be morally legitimate the use of a legal argument must be consistent with the moral commitments of the society in which the legal argument is being made and (2) an "empirical" conclusion that the United States is a liberal, rights-based society (i.e., a society whose members and governments draw a strong distinction between moral-rights discourse and moral-ought discourse, are committed to moral-rights conclusions) trumping moral-ought conclusions when the two conclusions favor different outcomes, and derive their moral-rights conclusions from a basic commitment to treating all moral-rights- bearing entities for which they are responsible with appropriate, equal respect and concern. The combination of the above postulate and empirical finding lead me to conclude that (1) arguments derived from the liberal principle just articulated are not only inside the law but are the dominant mode of legitimate and valid legal argument in the United States (dominant in that they operate not only directly but also by determining the legitimacy, legitimate variant of, and legitimate weight to be given to the other modes of legal argument that are actually made in our society) and relatedly (2) there are internally-right answers to all legal-rights questions in our society. The second part of the course then explores a variety of moral-philosophical and jurisprudential alternatives to my own. The third part analyzes from my and various alternative moral and jurisprudential perspectives a variety of various judicial opinions that deal with these issues. The fourth part executes parallel analyses of a variety of "appropriate, equal concern"- real Constitutional Law issues and judicial opinions. I expect to focus particularly on affirmative action, the right to die, right to a liberal education, and the possible right to a minimum real income or minimum share of the societal-average minimum real income.

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

The course is an examination of the Consitution as a document of law, political theory, and politics.  Focus is primarily on federalism, separation of powers, and some aspects of due process and equal protection.  Much effort is put into helping students learn how to think about constitutional law as future lawyers and as citizens.  It is taught largely with by the Socratic Method. 

This course will 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.

We will be studying Constitutional Law together at an extraordinary and difficult moment.  Our constitutional arrangements have been put under considerable stress, and little seems happily settled. We will have just emerged from a difficult election, and our national electoral arrangements are creaky at best and democratically questionable at worst. The Supreme Court, which will be the object of much of our attention, is itself shrouded in controversy, with the death of Justice Ruth Bader Ginsburg followed by a politically-fraught appointment to the Court and questions of court-packing hanging in the air. The reasons we have a Constitution, how we should interpret the Constitution, and how it can be amended are suddenly especially prominent issues. Dusty questions of federalism and separation of powers are now vividly and concretely important, with some state governments and the President at war over immigration, the environment, and social justice, on the one hand, and Congress and the President at odds on the other. In the domain of social justice, controversy over the meaning of equality is far from new, but so too is it far from settled. Affirmative action, abortion and same sex intimacy and marriage are all objects of recent or current sharp contention. 

Our project will be to consider and try to understand the role of the Constitution, the courts and our political community in addressing the questions that  presently swirl around us. I do not expect or hope that we will all agree. I do hope that we will all deepen our understanding of how best to think about these matters, and I will insist that our conversations be conducted in an environment of mutual respect. 

I said at the outset that this is an extraordinary and difficult moment to study constitutional law.. It is also an exciting moment to do so, and I am looking forward to seeing you all.

--Larry Sager

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

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

This course will analyze theories of liability and defenses in the area of construction dispute resolution, with particular emphasis on Texas law. It involves participation in several case studies, which will include extensive discussion of the practical aspects of resolving construction disputes through litigation and arbitration. The class participants will study case materials involving property damage, personal injury, and claims for delay and payment. The semester will conclude with a mediation exercise with one of the leading construction mediators in Texas. The teaching goal is to furnish students with the basic tools to evaluate and handle a variety of construction related disputes.  

This course deals with the Texas Deceptive Trade Practices - Consumer Protection Act (DTPA), which is the primary consumer protection statute in Texas. We will also examine statutory and common law warranties and the interplay between the DTPA and other relevant consumer protection statutes. The last three weeks of the course will be spent on the Fair Debt Collection Practices Act (the primary federal statute protecting consumers from abusive collection practices), the Texas Debt Collection Act, and their interplay with the DTPA.

This course examines a range of contemporary issues in policing, prosecution, and punishment through the lens of a series of documentary films and related short reading assignments.  Through class discussion and exchange of short response papers to the films, students will explore and critically examine a range of issues and controversies in the American criminal justice system, including the expansion in the role and powers of the police resulting from the War on Drugs; the use of racial profiling, no-knock warrants, and other policing practices; officer-involved shootings and the doctrine of qualified immunity; the "school-to-prison pipeline; sex offender registries; the prosecution of juveniles in criminal court; and long-term solitary confinement, among other issues. Students will discuss and explore the feasibility of alternative approaches to these practices and examine the legal, political, and practical obstacles to reform.

An introduction to the law governing contracts and the methods by which rights and duties of promissory and quasi-promissory origin are created, transferred, limited, discharged, breached, and enforced.

Methods by which rights and duties of promissory and quasi-promissory origin are created, transferred, limited, discharged, breached, and enforced.

The first objective of the course will be to help prepare future corporate and non-profit Directors to fulfill their fiduciary duties of care and loyalty to the organizations that they will serve. We will do this by examining a wide variety of issues that Directors must deal with on a regular basis. These include balancing efforts between establishing quarterly and yearly performance targets and building strong companies that can sustain above-market financial performance in the future. Directors must also manage business and political relationships, initiate and integrate acquisitions, create/change corporate culture, continually align the organization structure to the business strategy, allocate resources for a variety of corporate initiatives, deal with issues of corporate governance, succession planning, executive compensation, and learn to navigate through potential public relations disasters. We will examine as many of these topics as time permits.

The second objective of this course will be to understand the nature and scope of corporate Boards from the perspective of society, social and economic interest and what can be done to prevent some of the more publicized corporate governance failures. We will examine several of the more highly publicized corporate failures as well as what action Congress has taken to address corporate malfeasance, and the recommendations that have been made by social critics. The course is directed primarily at graduate business students and law students who expect to serve either as advisors to Boards of Directors or on Boards of Directors of public companies or non-profit organizations. While most of the course will focus on established public companies, much of the course content will be useful to those individuals who are primarily interested in entrepreneurial organizations, family corporations, or public sector non-profit entities. This course will have three distinct instructional formats. Professor Cunningham will lecture to the class to help provide all of the students with a fundamental knowledge of how Boards of Directors function in both for-profit and not-for-profit organizations. He will also focus on the different roles the Boards play in both large and small organizations.

The third format of the class will be to invite guest speakers to address the students who are involved in a wide variety of real world governance issues. The guests will be encouraged to provide ample opportunity for questions during their presentations. The individuals that will be invited to speak to the class will include a mix of entrepreneurs, senior executives from major corporations, directors of public and private entities, politicians, leaders of non-profit entities, corporate lawyers and partners of major accounting firms.

Learning Outcomes

Eleven of the key learning outcomes that we will focus on in class are listed below. 

1. The role of corporate boards in a capitalistic economy.
2. The duties of corporate directors.
3. The relationship between the corporation and the board.
4. Effective structure of corporate boards.
5. The importance of legal constraints on director’s actions.
6. The design of an impact of constructive corporate culture.
7. Identification of the macro environmental factors.
8. The creation of the succession process for management and the board.
9. Management of corporate crises.
10. The structure and compensation program for executives and directors.
11. The role of activist investors.

Optional Lunch on Wednesday, October 16 at Noon

There will be an optional lunch with Doris Kearns Goodwin.  Dr. Goodwin worked in the Johnson administration and assisted President Johnson in writing his best-selling memoir Lyndon Johnson and the American Dream.  She was the winner of the Pulitzer Prize for her book No Ordinary Time: Franklin and Eleanor Roosevelt: The Home Front in World War II.  She also earned the Lincoln Prize for her book Team of Rivals and the Carnegie Medal for her book The Bully Pulpit.  Invitations to the lunch will be sent closer to the date. 

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

 This is a course about substantive criminal law. We will be discussing what conduct should and should not be considered a crime as well as how we define various crimes. We will spend considerable time reading and learning how to interpret statutes.

This course explores constitutional limitations upon the investigation of crime. Its focus is on the law governing searches, seizures, and police interrogation. Topics include the nature of a fourth amendment search; arrest and investigative detention; warrants and exceptions to the warrant requirement; confessions; and the application of the exclusionary rule. Grades will be based upon a three-hour final examination.

Institute for Justice Senior Attorney Jeff Rowes will teach students how public-interest lawyers devise and litigate strategic cases designed to set precedent. The class will examine major cases from the perspective of the lawyers who fought the battles, and consider questions like how do you select the right client, identify the right claims, and file in the right jurisdiction. The class will also talk about the right moment in history to bring suit. Students will learn how to use the media effectively. There will be particular emphasis on teaching real-world litigation skills and professional judgment. Each student will write an appellate brief as the final assignment. But to make the brief writing more collaborative, as it is in actual legal practice, students will be asked to submit draft sections throughout the semester and incorporate feedback from the instructor. Although the instructor is an attorney at the Institute for Justice, which has a libertarian orientation, he strongly encourages students of all perspectives to join the class. We will look at cases across the ideological spectrum (and discuss how good constitutional lawyers build alliances across ideological boundaries). There is no exam. Pass/fail allowed.

This course is a deep dive into a broad range of legal and policy issues associated with cybersecurity. It is intended as a comprehensive introduction to the nature and functions of the various government and private-sector actors associated with cybersecurity in the United States, the policy goals they pursue, the issues and challenges they face, and the legal environment in which all of this takes place.

The course is the cornerstone of the Strauss Center's "Integrated Cybersecurity Studies" program, which is a Hewlett Foundation-funded project to increase interdisciplinary education relating to cybersecurity. Anyone interested in the course might also be interested in the Center's "Cyber Fellows" program, which you can explore here. The course also counts as the cornerstone for the LLM program's cybersecurity concentration, as well as for a planned graduate portfolio in cybersecurity studies. 

No technical background is required or assumed. Graduate students from across the campus are encouraged to enroll, too, as you do not have to have prior legal or policy knowledge.  In recent years, the class has drawn a substantial number of law students and LBJ students, as well as cohorts from computer science, engineering, the iSchool, and McCombs.

To get a full sense of the course, check out the free course eBook, which Prof. Chesney wrote specifically for the course. You can find it here (an updated version will be available before the course begins). These materials have been shared and adopted widely around the nation.

This class is designed to give students a basic understanding of elder law and its increasingly important role in our society. Students will learn how to manage legal issues and family dynamics around care of the elderly, understand the oversized role of financing care, and explore the interplay of elder law with estate planning and governmental benefits programs. Fundamental to the practice of elder law is understanding how to pay for care as well as spotting and addressing abuse of the elderly.

It will be helpful but not necessary to have taken Wills and Estates.

Textbook information:Mastering Elder Law, Ralph Brashier, available on Amazon (Second Edition)

This course explores the law governing politics and elections in the United States. We will examine a variety of topics, including: the Constitution and its protection of the right to vote, reapportionment, the Voting Rights Act, gerrymandering, the constitutional rights of political parties, campaign finance regulation, and election administration. We will also consider the relationship between these topics and partisanship. A serious interest in Constitutional Law is strongly recommended.

This course will explore historical and emerging issues in gender identity, sexuality, 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 intersections of LGBTQ+ identities, including people who are living with a disability, people who identify as BIPOC, and undocumented/under-documented immigrants.  We will also examine theoretical, philosophical, and practical elements of advocacy strategies employed by and/or on behalf of LGBTQ+ communities and discuss how civil rights organizations are using impact litigation, public policy, and education to secure rights and equality for LGBTQ+ people.  As part of the final evaluation, students will be required to participate in a mock litigation exercise that will also include a final paper.

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 and business 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., permitting negotiations, financial modeling), each student team will prepare a project prospectus and presentation on the 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 mid-semester project memo, and the final team presentation and project prospectus.

This three credit survey course focuses on the legal issues that pervade the conservation and regulation of public lands, wildlife, fisheries, and wetlands. These issues include, among others, competing claims of the "public interest" versus private property rights; the roles of administrative agencies and the judiciary in environmental decision making; tensions presented by the multiple use/sustainable yield standard in federal law; conflicts among and between local, state, and federal approaches to natural resource regulation; and the opposing goals of resource management espoused by fishermen, farmers, developers, environmentalists, and recreational users. These issues will be developed in the context of the regulatory schemes embodied in the National Environmental Policy Act, the Endangered Species Act, and the Clean Water Act and the various statutes that govern federal public lands, such as the Wilderness Act and Federal Land Policy Management Act. The focus of the course is primarily U.S. law; however, it will touch on international law relevant to natural resources and, where appropriate, compare U.S. law to the laws of other countries.

This course will explore the rules and principles governing the proof of facts in the courtroom, with special focus upon the Federal Rules of Evidence. Planned topics include relevance, hearsay, the Confrontation Clause, character evidence, impeachment and rehabilitation of witnesses, the best evidence rule, lay and expert opinion, and objections practice.

This course provides an overview of the legal regulation of intimate relationships. Substantial time is devoted to the incidents of divorce (including property division, spousal support, child support, and custody), and the regulation of prenuptial and postnuptial agreements. The course will also cover issues related parenthood, alternative reproductive technologies, and same-sex marriage.

Federal Courts is an essential practical tool for future litigators, future government attorneys (at the federal, state, or local level), and future judicial law clerks. It is also a genuinely exciting field of academic study for any law student. 

This course investigates one of the most fascinating and often misunderstood features of American law: how our legal system distributes power within the federal government and between the federal government and the states.  The course also explores whether (and how) individual litigants can turn to the judiciary to enforce rights created by constitutional or statutory law. These fundamental questions are related.  Principles that shape and limit the power of federal courts determine not just how but whether those courts (rather than other participants in our system of government) can resolve disputes, ranging from the relatively mundane to the gravest allegations of injustice.  

These issues raise questions about the role that the federal courts play in our constitutional democracy.  Such issues are of utmost importance today.  Many pressing questions—from the scope of presidential power to the conduct of local police—wind up in federal court.  And these disputes often turn on legal issues that we will explore in this course.

The assigned case book is the tenth edition of Low & Jeffries' The Federal Courts and the Law of Federal-State Relations (2022).   

This two-hour course examines Federal income taxation of estates, trusts, grantors, and beneficiaries, as prescribed by Subchapter J of the Internal Revenue Code. In particular, this course focuses on how the income taxation of estates and trusts differs from that of individuals. Central topics include distributable net income (DNI), the distribution deduction, the grantor trust rules, and income in respect of a decedent (IRD). This is an advanced course that assumes familiarity with basic principles of Federal income taxation and the law of wills and estates.

Prerequisite: LAW 293Q, 393Q, 493Q, 593Q or 254J, 354J, 454J, 554J. Federal Income Taxation.

This is a four-credit course. There are no prerequisites. No prior background in accounting, economics, math, or finance is needed or expected.

Federal Income Tax (FIT) is an overview of the federal income tax, mostly as it applies to individuals. It covers the fundamental principles of the federal income tax. It will address all the major issues, such as what gross income is, which expenditures are deductible, the appropriate taxable unit, the function of "basis," and the timing of income and deductions. Specific topics will include: employee fringe benefits, business deductions (e.g., travel), hobby losses, personal deductions (e.g., medical expenses and charitable contributions), the exclusions for gifts, bequests, and life insurance proceeds, taxation of the family, the tax treatment of loans, capital expenditures, methods of capital recovery (e.g., installment sales and depreciation), capital gains and losses, tax-free exchanges and rollovers, and tax accounting (e.g., the cash and accrual methods).

The instructor will emphasize use of both the Internal Revenue Code and the Treasury Regulations. 

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 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.

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.

This is a course in the substantive law regulating immigration to the United States and the regulation of non-citizens in the United States. Topics covered include the constitutional basis for regulating immigration, the roles of federal agencies in immigration adjudication, the immigration and removal (deportation) process, entry, relief from removal, general regulation of non-citizens, the refugee and asylum processes, and new developments. Students should expect to participate in in-class discussions and exercises. The final exam will be open book. LLM students will be required to take the exam; there will be no paper option.

America incarcerates people at a rate higher than most countries in the world and those incarcerated are disproportionately low-income and from communities that have been historically neglected and oppressed. Course materials will examine how the socio-economic and racial disparities in the population of people incarcerated in America reflects this country’s history of poverty, slavery, and segregation.  The course will cover several theories about the drivers of mass incarceration and the legal and philosophical foundations of public defense.  

This course will explore theoretical, philosophical, and practical elements of indigent criminal defense, exploring questions such as: How do criminal justice theory and practice interact? What can an individual lawyer do to further her client's interests within this context? What is the role of the public defender in criminal justice reform? How does a public defender maintain the long view on mass incarceration and socio-economic and racial inequalities in the criminal justice system while advocating for her individual clients? What roles and tools are available, besides line public defense, for future lawyers to fill and utilize in enacting the promise of Gideon? 

Weekly reading assignments will explore these topics and students will be required to discuss their reflections during class discussions.

Insurance is one of the most important tools for the management of risk by both private and public enterprises. Insurance law is a hybrid of contracts and administrative law: parties enter contractual relationships which are regulated by the state. The course introduces students to the core principles and institutions of insurance. We will approach insurance law from a law and economic perspective, aiming to understand how insurance institutions affect economic behavior of insureds, insurers and their lawyers. Broad issues to be covered include fraud, moral hazard, adverse selection and other types of divergence of incentives. We will build on these theoretical issues and attempt to understand the various doctrines developed by common law courts as strategies to deal with these problems. In addition, the course provides knowledge of basic insurance law governing insurance contract formation, the interpretation of insurance contracts, insurance regulation and more, especially in areas such as property, life, health, disability, automobile (including uninsured motorist coverage), professional and liability insurance.

If you loved Advocacy Survey and want to spend your career in the courtoom (or just want to be as prepared as possible for the occasional times that you will spend in the courtroom), this class is for you. Intensive Litigation Advocacy Skills is designed for the student interested in improving advocacy skills through intensive training exercises and immersion into trial skills. Here, students work all together but are also weekly divided into small groups allowing them to focus on the distinct skills you will need in a future litigation career. The course is almost exclusively experiential (i.e., skills-based), with students receiving constant feedback in a fun, safe environment. The class provides networking and possible employment opportunities with typically more than 20 attorneys and judges who serve as instructors and guests each semester.

This class is restricted to 3Ls only.

Prerequisites: Advocacy Survey and Evidence.

International arbitration specialist practitioners, experienced in international disputes worldwide, provide students with legal knowledge and practical skills to navigate all aspects of international commercial arbitrations. Those include forum selection, analysis of various nations' arbitration laws, planning and drafting, arbitrator selection and challenges, enforcing arbitration awards. 

International commercial transactions almost invariably require international arbitration of disputes, so a lawyer who intends to practice across borders should know this area of practice. International arbitration is one area where states have delegated a judicial function to private individuals. Those individuals (arbitrators) enjoy wide discretion, act as judge and jury, and render globally portable awards that national courts review (for the most part) deferentially. Understanding that delegation, which can differ from country to country, allows students to appreciate what can, and should, be left to private ordering of disputes. The course will address the major topics in international arbitration: its contractual nature; the “who (court or arbitrator) decides” question; choice of law; arbitrator selection; the role of international treaties; and review and enforcement of arbitration agreements and awards. Student performance is evaluated on a final exam, but a substantial portion of the final grade depends on class participation.

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 national, regional (Latin American, European, and African), and international case law. 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. Students will be exposed to a broad spectrum of approaches to human rights—from conservative, libertarian, and liberal to critical race, feminist, Third World, and abolitionist. As a part of the course, students will work in teams to select, edit, analyze, and present a legal case on human rights to the rest of the class.

The early exam will be in the floating format with dates to be determined (it will start on/after November 15 and end before December 10).

This course is also open to non-law graduate and professional students with relevant background. The course contains the requisite coverage of Latin American materials for students pursuing MAs in Latin American Studies. 

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 an in-person 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.

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 2024 and spring 2025 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 Daniel M. Castillo. 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 4:00 to 5:30 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 Daniel Castillo at (512) 916-5858, or send him an e-mail.

** 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 2024 semester and a two-credit internship to be completed over the spring 2025 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 are required to commit to a full academic year.

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 the spring and the seminar taught by Judge Robert Pitman. 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 Daniel M. Castillo 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 25, 2024. 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, 2024.

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-2024-2025.

Jurisdiction & Judgments is a course in Conflict of Laws. Conflict of Laws addresses issues that may arise when a dispute or transaction has connections with more than one state or country. The subject is generally divided into three interrelated topics: (1) territorial jurisdiction (and related doctrines), (2) choice of law, and (3) recognition and enforcement of foreign judgments. This course focuses on the first and third topics: specifically, territorial jurisdiction, forum non conveniens, forum selection clauses, and the recognition and enforcement of judgments rendered by the courts of other states and countries. Choice of law is the focus of a separate course titled “Conflict of Laws,” and is covered in Jurisdiction & Judgments only to the extent necessary to fully understand the topics that are the focus of this course. At the end of the semester, students should have developed a sound understanding of the law governing jurisdiction and judgments, including policy considerations that may shape further development of the law.

The course will be a study of central question in the philosophy of law: What is the nature of law? What distinguishes a legal system from other systems of norms? What place if any does morality have in a legal system? Do the norms of a legal system determine the decisions judges make in the cases before them? Are judges, that is, constrained by legal norms in reaching decisions in those cases? Are there norms or methods of legal reasoning that judges should follow in reaching decisions? Readings for the course will be a mix of historical and contemporary writings, including those of Aquinas, Hobbes, John Austin, H. L A. Hart, and Ronald Dworkin. No previous study of philosophy will be assumed.

This course focuses on intermediaries in the capital markets -- those who trade, facilitate structure, or manage securities investments.  Modern capital markets are dynamic and innovative, as creative and highly paid bankers, investment managers, and their lawyers attempt to navigate an ever-changing economic and regulatory environment.  Students will gain an understanding of the institutional workings of the securities business and its legal regulation, with an eye toward recent developments and interesting economic problems. Topics include:

·         Pre-IPO trading, IPO underwriting, SPACs, and other IPO alternatives;

·         Investment companies, investment advisers, and broker dealers.

·         Efficient markets theory and implications for investment advising;

·         Structure and marketing of asset-backed securities, such as CDOs; 

·         Banking, shadow banking, and the demand for safe assets;

·         Banking competitors, such as crypto/stablecoins and money market mutual funds;

·         Market making, payment for order flow, and “gamification” of retail trading.

The course utilizes a case study approach, with examples drawn from (relatively) recent events, which include Facebook’s pre-IPO trading, Tether, the Bernie Madoff Ponzi scheme, Goldman’s ABACUS trade, the Lehman collapse, Robin Hood, and GameStop.

Evaluation is based on class discussion/participation and student group presentations.

This course is aimed at students who are planning to work as investment bankers, investment managers, broker/dealers, or legal advisors thereto, and the goal of this course is to equip students with an overview of the economic concerns that drive much capital markets activity and the consequent legal regulation that attempts to improve capital markets operation.  This course is intended to be an accessible survey for all business and law students; no prior knowledge of economics, securities markets, or law is assumed.

The legal framework of commercial real estate finance and development, including basic real estate law concepts, legal aspects of financing techniques and instruments, subdivision land-use controls, environmental regulation of real estate development, and other topics.

A survey of a range of core legal practice areas, including copyright, trademark, insurance, employment, immigration, contracts (with artists, sponsors, vendors and others), and working with municipalities using the backdrop of a live festival event. Expect guest lecturers from within the industry. 

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Legal English is a short course (7-weeks) and is restricted to LL.M. students. The course will cover oral Legal English.

This course will introduce foreign lawyers to the case-law method, the basic tools for conducting legal research, and the basic conventions and expectations for creating professional legal work product. This course focuses on legal document drafting. It does not focus on legal academic works, such as research articles. The multiple research and writing assignments will build on each other, culminating in full-length, formal analytical memorandums that could potentially serve as professional writing samples. The course will assist with the critical-thinking and writing skills that are foundational to American academic endeavors as well as law practice.

This course fulfills the New York Bar Exam requirement Rule 520.6(3)(vi)(b) and Texas Bar Exam requirement under Rule 13 Sec. 9(a)(7)(B). 

Graded pass/fail.

Restricted to LL.M. students who do not have a U.S. J.D. degree.

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 hour, 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 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.

The sources and methods of research in foreign and international law are largely excluded from the first year training in legal research. Yet, both international law and the law of foreign countries are today of ever-increasing significance to American lawyers. The purpose of the course is to introduce the information sources in these fields and the ways of doing research in them, tailored to the needs of American law students and lawyers. Areas covered include: public international law, including treaty research; documentation of international organizations, including the UN and the European Union, particularly as available on the WWW; the law of other countries, with the emphasis on jurisdictions that American lawyers are likely to encounter, e.g., Canada, Mexico, the United Kingdom, Germany; selected topics with an international component, e.g., commercial arbitration, intellectual property, international litigation. The grade is based on the completion of research exercises. There is no exam. This is a one-credit, mandatory Credit/No Credit course. It is taught during the first seven weeks of the semester. Prerequisite: A law school course with an international or comparative focus, which may be taken simultaneously. Familiarity with online legal research, including Westlaw, Lexis, and WWW.

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.

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.

Advanced Legal Writing: Appeals offers instruction in advanced written advocacy techniques tailored to the appellate context. The course will build on the foundations established in Persuasive Writing & Advocacy, honing students' brief-writing skills while familiarizing them with each step in the appellate process. Lectures and readings will address common challenges and errors in appellate advocacy, and a series of short exercises will help students put into practice the strategies discussed in class. Students will learn, among other skills, how to synthesize complex facts into clear, persuasive prose; how to precisely and strategically frame issues on appeal; how to analogize and distinguish case law; and how to structure a brief for maximal clarity and strength. The course also includes a research component with particular focus on common issues in appellate practice, such as standards of review, hierarchy among courts, and doctrines of deference and abstention. Individualized feedback will be provided for each assignment, enabling students to confidently construct the full-length brief that will comprise their final grade.

This course will focus on the writing you'll do in direct service and impact-based public interest work. Documents to be produced, edited, and/or studied may include client declarations, trial and appellate briefs, and more. Students will learn about storytelling and writing persuasively for the various audiences a public interest attorney will encounter, including clients, agency officials, trial and appellate judges, 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. In-class engagement is required. It will be graded Pass/Fail.

This course focuses on analytical legal writing. Students will practice the skills of writing and critiquing written legal analysis and will receive instructor feedback on their writing and critiquing. Two credits, pass-fail. Enrollment is restricted to Teaching Quizmasters.

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.

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.

This course focuses on the acquisition of professional skills necessary to perform two separate roles in the mediation process: legal advocate and mediator. During the course, students will learn the social and political bases for the development of alternative dispute resolution procedures; become familiar with different models of negotiation and mediation; study the legislation that regulates the practice of mediation, especially in Texas courts; increase awareness of personal strengths and weaknesses in communication and negotiation and improve those skills; acquire advocacy skills for representing clients in mediation; acquire the essential skills necessary to mediate interpersonal and legal disputes; and develop a framework for making ethical decisions as a legal advocate or mediator in the mediation process. Students will read books, participate in negotiation and mediation role plays, complete testing instruments and exercises designed to enhance communication and negotiation skills, and prepare a reflective journal. The course is designed to fulfill the statutory minimum requirements in Texas for a basic training course in dispute resolution techniques.

This course is designed to facilitate the development and refinement of knowledge and skills necessary to fulfill the mitigation function on capital or non-capital defense teams. The goals of the course are to introduce students to roles and responsibilities of mitigation specialists and sentencing advocates and facilitate the development of skills needed to work within interdisciplinary defense settings. The course will take a broad interdisciplinary approach to sentencing advocacy, providing students with an opportunity to learn legal frameworks that govern the presentation and consideration of mitigating evidence. Through both conceptual instruction and low-ratio supervision workshops, students will learn to develop a biopsychosocial history of the client, interview and forge relationships with clients and their family members, identify underlying causes of behavior, and facilitate restorative solutions for the client and community. Learning will culminate in the production of a compelling mitigation presentation.

This course will bring together interdisciplinary teams of social work undergraduate and masters-level students working in combination with UT law students. Given the interdisciplinary nature of mitigation work, a small number of seats will also be reserved for students from other disciplines including communication, education, psychology, sociology, and others. Students from different educational backgrounds and concentrations will work together in small diverse groups to produce and present assignments to the larger class. The course will be taught by a combination of lawyers and practicing mitigation specialists, and will feature guest lectures and presentations by leaders in the mitigation field.

Course Objectives

At the conclusion of this course, students will be able to:

1. Demonstrate engagement, assessment, intervention and evaluation skills relevant to developing mitigating evidence in a capital or non-capital case; this may include document collection, interviewing, consulting with experts and other skills related to biopsychosocial history and investigation.
2. Understand legal frameworks for the presentation and consideration of mitigation evidence.
3. Constructively participate as a member of an interdisciplinary team while: retaining professional identity; brainstorming issues and problems that arise in the defense of criminal cases; and developing strategies to address them.
4. Discuss and work through ethical issues that arise in capital and noncapital cases.
5. Demonstrate how to incorporate multimedia strategies and tools to present the most compelling mitigation presentation in a given case.
6. Encourage creativity and interdisciplinary conceptualization of overarching themes and stories that arise in capital and noncapital cases.
7. Critically examine the context of systemic and structural oppression and other relevant social justice issues on the micro, mezzo, and macro level.

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

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

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.

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.

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

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

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

The course is primarily focused on domestic onshore oil and gas case law, viewed in part with a litigation focus, and including a study of common property interests created in oil and gas, with limited consideration of developing law on renewable energy and climate. The course includes an examination of fundamental state oil and gas law concepts including issues raised by modern horizontal drilling and fracturing; introduction to, and analysis of, the oil and gas lease with attention to its common structural components and the law that has developed around them; introduction to titles and conveyances in oil and gas; introduction to state regulation of oil and gas; discussion of selected oil and gas agreements that arise subsequent to the oil and gas lease; discussion of developing of state owned lands; and brief consideration of renewable energy, climate change litigation and federal environmental regulation. 

Evaluation of student performance will consist of a final examination (including essay questions or a combination of essay and short-answer questions) plus attendance and class participation credit.

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

Example motions in patent cases that students should prepare to undertake are:

1. Motion to dismiss
2. Motion to transfer
3. Claim construction briefing
4. Discovery motion 
5. Daubert motion
6. Motion for summary judgment

This course examines doctrines and policy concerns of United States patent law. Topics examined include eligible subject matter for patenting, conditions for patentability, patent specification and claim requirements, infringement, defenses and remedies. There are no specific prerequisites. The course is designed to be accessible to students without a science or engineering background. Course materials will include the latest edition of Patent Law and Policy: Cases and Materials by Robert Merges and John Duffy.

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

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

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

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

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

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

The 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.

Privileges: the one semester, one credit course will examine the basics of the Fifth Amendment privilege as well as each of the evidentiary privileges recognized in federal courts, the societal benefits achieved by their recognition, which person or party owns and may invoke the privilege, how each privilege can be lost or abused, and how lawyers must protect their client’s privileges and avoid impinging on the privileges held by others.  A course in Evidence is a pre- or co-requisite. While the course may be of primary interest to students intending to be litigation attorneys or prosecutors, students with non-litigation interests will also benefit from the issues discussed during the course.    

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

This survey course on lawyers' professional responsibilities is centered on two premises: (1) The practice of law is a business as well as a profession, and economic incentives therefore matter; and (2) more than 90 percent of all lawsuits settle. Thus, we will give special attention to the economic aspects of the attorney-client relationship and the various incentives that existing ethical Rules provide both lawyers and clients. We will also pay particular attention to a wide range of ethical issues surrounding the settlement process.

The course will cover approximately 85% of the material that is typically tested on the MPRE.  In previous years, students all reported feeling well prepared for, and doing well on, the MPRE.  The "short course" format, with our final class meeting scheduled for October 14, means that the course will be completed prior to the early November MPRE testing date.

This course fulfills the Professional Responsibility requirement for graduation.

The exam format will be an in-class, 3-hour, exam consisting of 2-hours of objective questions (multiple choice and true-false) and a one-hour, word-limited essay question.  The exam will be closed note, closed internet, but open "rules book."

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

This course introduce students to the avenues and theories lawyers can utilize to conceptualize and seek social change. Through readings and discussion, we will explore past, present, and future movement lawyering strategies and concepts, including aspects of the civil rights movement, prison abolition, and Afrofuturism. We will examine the ways lawyers engage with communities, clients, and political causes, as well as the ethical issues that may arise when advocating on behalf of class members with divergent interests. Although the law can serve as an effective tool for change, it has its limitations. This course will help us recognize the need for movement lawyers to work in partnership with communities, organizers, and policymakers to achieve justice.

Depending on scheduling and availability, this course will incorporate guest speakers engaged in movement lawyering, community organizers, and public policy. Students will be expected to read, watch, and listen to the assigned materials and actively participate in discussion. Students will leave with a deeper knowledge of social justice lawyering, and an understanding of how to recognize the law’s limitations as a singular tool to achieve social, political, economic, and racial equality.

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

Standard-form agreements purporting to bind consumers and employees are the most common form of contracts that exist in the United States. These contracts often contain provisions like arbitration clauses, exculpatory clauses, non-compete agreements, non-disparagement agreements, liquidated damages clauses, privacy waivers, and more. Each of these contract terms has generated term-specific case law and regulation. Students will learn about these clauses and the applicable law governing their enforceability, while critically evaluating both. The course requires each student to participate in an end-of-term “writer’s workshop,” which in turn requires students to present their ideas to the class. The workshop aims to provide constructive feedback to students on their work product before they submit their final papers.

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

Many law school courses deal with the role of the “outside” lawyer in counseling clients and, often, representing clients in a litigation setting. This course deals with the compliance function—described by one author as the function that establishes and confirms “conformity between . . . action and a rule or standard,” the latter being determined by law, regulation or an organization’s policies.  The compliance role within an organization principally focuses on avoiding problems (and resultant crises for the organization) by establishing policies designed to ensure that personnel conform to legal and regulatory requirements, counseling personnel when questions arise and establishing “early warning” systems to detect and respond to instances of possible malfeasance. It is also one of the organizational roles currently providing the most employment opportunities for lawyers—a law degree (or bar admission) may not technically be required to serve as a compliance officer, but it is increasingly seen by organizations as desirable, and is often becoming a requirement. The course will examine the role of the compliance function within a corporation or other organization and its relationship to other organizational roles and to regulatory agencies.  It will also examine a number of current or recent situations in which problems—crises for the organizations involved—have been uncovered and will consider how more effective compliance programs might have unearthed them earlier, in time to avoid the crisis. Quite often (and contrary to the popular image), the best service a lawyer can perform for her client, but one that is invisible to public awareness, is to foresee a potential issue and adopt changes that avoid its occurrence. This course will provide some of the tools useful in that endeavor. The course is offered as a seminar for up to 16 students and will require a final paper submission (in lieu of an exam), as well as a short mid-course paper to provide an opportunity for earlier feedback. Course materials will be provided by the instructor and there will be no casebook..

This course will cover current health care business and regulatory issues, including (1) laws prohibiting payments and benefits by hospitals to physicians in exchange for patient admisssions and referrals, (2) whistleblower lawsuits within the health care industry and uncovering and self-disclosing improper health care arrangements, (3) indictment of health care lawyers participating in illegal transactions, (4) prohibitions against the corporate practice of medicine and fee-splitting by physicians, (5) non-competition agreements in the health care industry, and (6) business and contractual disputes and tortious interference claims between hospitals and physicians and other health care providers.

This writing seminar will focus on the substantive and procedural legal issues which relate to the protection of children. The first six classes of the seminar will provide an overview of child protection issues. The first class will include a presentation on child abuse and neglect cases; what it is and what it is not. The distinction between criminal child abuse cases and civil child protection (CPS) cases will be discussed.  The next five classes will cover the duty to report child abuse, the removal of children from their homes, termination of parental rights, systemic problems within the foster care system, the rights of children and their parents in child protection proceedings, and the criminal prosecution of child abuse. The readings for the first six classes are posted on canvas or cites for the internet link and Westlaw are provided in the syllabus and on canvas. Students are expected to read and be prepared to discuss the assigned readings in class. Any changes in the class schedule will be posted on canvas. (Occasionally, the order of topics will alter from the initial outline due to availability of guest speakers. Additional readings and discussion may be supplemented which will include the interplay of the protection of children with other areas of the law such as immigration, education law, and family law. Grades will be based on the 1) outline, 2) first draft of paper, 3) feedback to the class regarding mandatory observation of CPS docket, 4) class participation, 5) in-class presentation of paper, 6) critique of another student's paper, and 7) 25-30 page final paper.

For most of their history, credit cards have been largely unregulated. That changed in 2009 with the passage of the CARD Act, which directly regulated their substantive terms for the first time. Credit cards are receiving even more scrutiny from the new Consumer Financial Protection Bureau (CFPB). In this seminar, we will examine how these changes have affected the credit industry and the consumers who borrow from it. Questions to be considered include: Has regulation decreased the supply or increased the price of credit? Have the new laws helped consumers, or have they negatively restricted consumer choice? What provisions have been most and least effective? What lessons can we apply to other consumer credit relationships? And perhaps most importantly, are these laws an aberration in the history of a free-market product, or is regulation the future of credit cards? We will also briefly touch on credit card fraud and the conflicts between credit card issuers and merchants. We will read a variety of materials, including CFPB publications about the agency's latest enforcement actions. Grades will be apportioned as follows: 50%, final papers; 25%, students' first draft of their papers; and 25%, class paritipcation. 

Course Overview Few policy issues have had as big an impact on the Texas political or social landscape as criminal justice, and fewer still have such a hold on the popular imagination. Yet it is only in the last decade or so that debate about criminal justice policy has started to take account of the financial and social costs of our state's incarceration policies. Time and again, public officials at all levels and in all branches of government find themselves confronting the thorny problems presented by the policy choices the state has made in the criminal justice arena, and by constantly shifting political winds. This course will force us to go beyond the simplistic debates between "tough on crime" and "soft on crime" rhetoric, and confront the hard policy questions that mirror the daily challenges faced by policy-makers and public officials. For example, how can policy- makers safely and effectively downsize our massive prison system? What role does race play in the criminal justice system, and how should public officials take into account the impact of criminal justice practices on minority communities and families?  How can legislators protect the public from people who have committed serious or violent crimes, especially while facing immense budget pressures? Should the pretrial bail system be based on a person’s risk or their ability to pay money bail? Should any limits be placed on judicial or prosecutorial discretion? When is it appropriate for a court to intervene to improve prison or jail conditions? What steps should policy-makers take to protect people in custody from unsafe conditions of confinement? What forms of external oversight should exist when it comes to prison operations? Are humane prisons possible? Although the course will have a heavy focus on Texas' criminal justice policies and practices, we will often refer to the experiences of other states and other countries to examine a range of practices in this field and to explore alternative options for developing policy.

Goals Students in this interdisciplinary seminar (cross-listed between the LBJ School and the Law School) will gain a firm understanding of the key criminal justice policy challenges facing public officials. Students will begin to appreciate the complexity of these issues; understand how both good and bad policies are developed; understand the financial and social costs of criminal justice policy decisions; recognize the extent to which criminal justice issues have an impact on almost every aspect of government; and explore the relationship between law, constitutional requirements, the administration of justice, and public policy. Students will also learn practical policy research and writing skills.

Course Materials, Outside Speakers, and Legislative Hearings Each topic will be examined critically through a wide range of readings, including empirical studies, essays, books, statutes, legal cases, and official reports, as well as podcasts and videos. The reading load can be very heavy at times, but it is all interesting material. If possible, we will seek to visit prison and/or jail facilities to learn about life inside these facilities and hear from people with lived experience. We may have guest speakers such as a national expert/advocate, a prison agency official, and a person who was formerly incarcerated, all of whom have been deeply involved in policy-making or practice in this area. We also will take advantage of any legislative hearings or Sunset Commission hearings scheduled during the semester to observe the policy development process.

Additionally, there will be a major national conference on deaths in custody taking place at the LBJ School during the semester (chaired by the instructor), and students will have the opportunity to observe and network with some of the speakers.

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. Class participation is critical and will be considered in grading. Students will be required to undertake an original research project on a topic of their choice and to write a 10-page issue brief about their topics.  Additionally, students will write two policy memos on designated criminal justice issues. (A writing assignment related to the conference on deaths in custody may be substituted for one of the policy memos.) Students will also submit an ungraded reflection essay.

This three credit seminar course will focus on the environmental impacts and resulting legal and international issues arising from the exploration, development, production and transportation of energy sources. Students will first gain a general knowledge of the primary energy sources and environmental impacts of national and world wide energy production through a survey format. Topics will include environmental, political and geo-political impacts of oil and gas exploration and production, bio-fuels production, coal generation, nuclear, wind and solar power. The course will then transition into the development of a working knowledge of the legal and administrative structure of Texas and Federal environmental law.  We will analyze the primary energy sources utilized in Texas and specifically review the impact of the winter storm of 2021. We will also focus on issues involving fuels for mobile sources and transportation and delivery of fuels as well as disposal of fuel by-products. Students will have an opportunity to utilize the Texas regulatory and legal structure to develop a knowledge of the basic framework of State authority and the conflicts and interplay between State and Federal law. The course will then focus on various specific energy development projects, with some emphasis on Texas and the Gulf Coast, to gain a practical understanding of the legal and administrative processes involved in dealing with environmental consequences of energy production and delivery. We will then delve into the myriad foriegn policy issues and conflicts involved in energy production and climate change policies.  Students will complete the semester by writing and presenting a seminar paper.

This is a one-semester, three-unit course which meets once a week for 100 minutes. We will take a 10-minute break after the first 50 minutes. This course is not restricted 3L students though there is some preference given; second-year law students are welcome. The casebook ("CB") is Abrams, Beale, & Klein, Federal Criminal Law and Its Enforcement (6th ed. 2015), and the 2018 Supplement. The supplement is free and will be posted on Canvas.  There are two copies of the textbook on reserve at our library. A used copy of either is also acceptable. Please check Blackboard ("BB") every week for reading and writing assignments. There is no final exam for the course, your grade will be determined by the quality of your class participation and your six written and two oral projects. We will discuss all aspects of investigating, charging, trying, sentencing, and appealing federal criminal charges. We will take attendance, and we expect each of you to attend and to participate in every class discussion. If you plan to miss a class, you must clear it with one of the professors first. If you miss a class unexpectedly, please call or e-mail us as soon as possible. You must also complete all written and oral projects, on time. Each late assignment will be docked one-half a letter grade for each day, unless we approve the extended due date in advance. You will frequently do the pertinent reading and begin projects at home, and then we will devote some class time to working on the projects in groups and discussing the results. The topics and the schedule may be adjusted to accommodate student interest and speaker schedules.

Interns enrolled in the internship program at the United States Attorney's Office for the Western District of Texas or the Austin Federal Public Defender Service are encouraged to enroll in this seminar, and will be guaranteed admission if they request it. 

This seminar will focus on cutting-edge research in law and economics. In most of the classes, we will host a workshop during which a leading scholar will present a paper. In the weeks in which there is no outside speaker, two groups of students will each present one to the two papers that will be presented by the outside speakers in the next two workshops. All students are required to write short critiques of most of the speakers’ papers. Your critiques will be graded and made available to the speaker.

Law and Religion in the Modern Middle East is a seminar that examines the laws that govern religion and religious expression in Middle Eastern national constitutions, with a special focus on both the free exercise and establishment clause of Islam as the religion of the state. We shall analyze emerging legal understandings of authority and rights, and explore the interconnections of “religion” and “law”—as traditions of thought as well as sets of practices, modes of relation as well as constellations of values. In this seminar, we will consider what counts as religion for constitutional and legal purposes. Participants will be expected to read academic legal commentary on the formulations of religion in the modern Middle East. The seminar will provide extensive case-law from lower and higher courts addressing issues that affect Muslims, Christians, Jews, and other faith communities. To better situate the classroom discussions, students will read historical, anthropological, and sociological studies on the topics of family law, international religious freedom law, and leading religions’ doctrines and teachings concerning religious freedom.

Exploring Intersections of Legal Theory and Literary Texts

This course delves into the rich intersections between law and literature, exploring how literary texts engage with legal concepts and how legal theory is informed by narrative, metaphor, and cultural representations. Through a multidisciplinary lens, students will critically analyze literary works alongside key legal texts and theoretical frameworks.

The course begins by examining foundational theories of law and literature, tracing the historical development of this interdisciplinary field. Students will then explore thematic connections such as justice, authority, power, ethics, and identity through close readings of selected texts. Literary works from various genres and historical periods will be paired with legal case studies, theoretical essays, and philosophical inquiries to facilitate nuanced discussions and analytical insights.

We will begin by examining foundational theories of law and literature, tracing the historical development of this interdisciplinary field and exploring some of the questions and criticisms that scholars have recently raised as they have sought to justify or reorient the field. With these theoretical frameworks in place, we will next critically analyze literary works and legal texts, emphasizing developing critical thinking skills, honing close reading abilities, and engaging in interdisciplinary inquiry.

Throughout the course, students will engage in seminar-style discussions, participate in collaborative projects, and finish by producing and presenting analytical essays that demonstrate a deep understanding of the complex interplay between law and literature. By exploring how literature reflects, critiques, and shapes legal norms and practices, this course aims to foster a nuanced understanding of law as a cultural and social phenomenon, inviting students to interrogate the boundaries between fact and fiction, legality and justice, and text and context.

Course requirements include a short review (10 pages) of key law-and-literature theoretical texts and a final paper (25-35 pages) for presentation in class.

The seminar will cover topics not usually covered in patent law courses. For the first eight weeks, the course will address advanced topics and new developments in the law. The topics will be addressed in more depth than in typical courses and will include policy considerations. There will likely be one guest speaker that will present on a special topic. For the rest of the term, the students will select topics, choose the readings, and lead the discussion. Topic selection will require instructor approval. Students will also be expected to write a term paper on the same topic as the one chosen for presentation. Prerequisites: It is recommended that the student be concurrently taking or has taken a course that includes patent law (which could be a survey course). This Seminar used to require such a course as a prerequisite. In recent years, a number of students without that prerequisite have taken the course and have participated in class discussions, and otherwise performed as well as people who had the prerequisite. Thus, the prerequisite has been removed. If you have not had patent law or a survey that covers patent law, you will need to do some extra reading to understand the topics we are talking about in class. Those in this position should contact the instructor a few weeks prior to the start of classes for some recommended treatises.

In this seminar we will explore the various mechanisms through which the public can regulate and shape the conduct of local police. We will consider the role of both federal and state constitutional law, as well as litigation more broadly in addressing police misconduct (including the role of attorneys and plaintiffs, immunity doctrines, and financial incentives that shape municipal decision-making). We also will consider the role of other actors, including state legislators and state oversight agencies (e.g. licensing boards and state attorneys’ general); local oversight bodies; municipal insurers; and the federal government. Readings will include scholarly articles, judicial opinions, investigative reports, and proposed and enacted policies and legislation. Students are expected to participate actively in each week's discussion, to submit periodic reading reflections/questions, and to complete original research which may take the form of either a traditional seminar paper or a policy brief.