Course Schedule
Classes Found
Administrative Law
- TUE, WED, THU 9:10 – 10:17 am TNH 3.140
Course Information
- Course ID:
- 494C
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
- Will use floating mean GPA if applicable
Description
Same as LAW 361, Administrative Law.
Law made by administrative agencies dominates the modern legal system and modern legal practice. This course examines the legal and practical foundations of the modern administrative state. Topics include rationales for delegation to administrative agencies; the legal framework (both constitutional and statutory) that governs agency decision-making; the proper role of agencies in interpreting statutory and regulatory law; and judicial review of agency action. The course will cover these topics through a comparative analysis of administrative processes in five federal agencies—the Environmental Protection Agency, the National Labor Relations Board, the Social Security Administration, the Internal Revenue Service, and the Federal Communications Commission. A combination of cases and discussion problems will be used to examine legal issues such as the separation of powers doctrine; the constitutional law of due process; health, safety, and environmental policy; the provision of government benefits; and market regulation. The central theme of the course is how administrative law balances “rule of law” values (procedural regularity, substantive limits on arbitrary action) against the often-competing values of political accountability, democratic participation, and effective administrative governance.
Administrative Law, Texas
- C. Bennett
- H. Burkhalter
- MON, WED 4:30 – 5:45 pm TNH 2.123
Course Information
- Course ID:
- 394D
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 361E, Administrative Law, Texas.
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.
Admiralty Law
- TUE, WED 2:15 – 3:30 pm TNH 3.115
Course Information
- Course ID:
- 390P
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
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.
Advanced Legal Writing Workshop
- FRI 1:00 – 8:30 pm TNH 2.140
- SAT 9:00 am – 4:10 pm TNH 2.140
Course Information
- Course ID:
- 184W-6
- Short course:
- 9/10/21 — 9/11/21
Registration Information
- Upperclass-only elective
Description
Same as LAW 132D, Advanced Legal Writing Workshop.
This 2-day course (5.75 hours each day) covers two broad legal-writing topics. Day one covers mechanics: common mistakes in word usage, grammar, and punctuation—and how to avoid and fix them—plus the most challenging advanced topics in the mechanics of legal writing. Key goals are to strengthen your writing credibility and raise your writing IQ. Day two covers broader concepts: concision, persuasion, organization, and revision, as well as some citation and transactional drafting. The course requires pre-class reading and quizzes and a final written project. Pass-fail.
Advanced Problem Solving Techniques
- MON, WED 6:00 – 9:00 pm CCJ 3.306
Course Information
- Course ID:
- 187H
- Experiential learning credit:
- 1 hour
- Short course:
- 11/1/21 — 11/15/21
Registration Information
- Upperclass-only elective
Description
Same as LAW 179P, Topic: Advanced Problem Solving Techniques.
Successful lawyers of all types are able to craft solutions to clients’ seemingly intractable problems. Sophisticated clients have already explored solutions with their in-house legal staff before bringing their case or problem to you. Finding solutions requires following a proven process which can be learned, practiced and refined. This is a skills course where students will learn and practice specific skills of design thinking, divergent thinking and ideation to become more agile thinkers and creative problem solvers.
Advanced Strategic Planning in Civil Litigation
- THU 10:30 am – 12:20 pm TNH 3.140
Course Information
- Course ID:
- 187J
- Short course:
- 8/26/21 — 10/7/21
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 179M, Topic: Advanced Strategic Planning in Civil Litigation.
Advocacy Survey
- MON 11:50 am – 1:05 pm TNH 3.140
- WED 11:50 am – 1:05 pm TNH 3.124
Course Information
- Course ID:
- 387D
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
- Corresponding class:
Description
Same as LAW 376M, Advocacy Survey.
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 beginning advocacy students who are interested in gaining exposure to all areas of advocacy. 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.
Course Information
- Course ID:
- 187E
- Experiential learning credit:
- 1 hour
- Short course:
- 9/20/21 — 11/1/21
Registration Information
- Upperclass-only elective
- Corresponding class:
Description
Same as LAW 176N, Advocacy Survey: Skills.
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.
Course Information
- Course ID:
- 187E
- Experiential learning credit:
- 1 hour
- Short course:
- 9/22/21 — 11/3/21
Registration Information
- Upperclass-only elective
- Corresponding class:
Description
Same as LAW 176N, Advocacy Survey: Skills.
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
- J. Scheske
- TUE 2:15 – 3:30 pm TNH 3.140
- WED 2:15 – 3:30 pm TNH 3.126
Course Information
- Course ID:
- 381R
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
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 he brings a practical, real-world approach to the lectures and exercises. There will be no exam, but a final written project is required. Class grading will be based upon class participation, attendance, and the final project. Please note: Electronic devices are not permitted except for online classes. Students may only miss two classes per semester, additional absences will be reflected in a lower grade.
Antitrust
- TUE, WED 9:05 – 10:20 am JON 5.206/7
Course Information
- Course ID:
- 392P
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 360K, Antitrust.
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.
Appellate Advocacy
- R. Roach
- D. Campbell
- J. Storey
- THU 4:15 – 7:05 pm TNH 3.126
Course Information
- Course ID:
- 387W
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 376U, Appellate Advocacy.
This three-hour course teaches advanced, judge-centered, Texas Supreme Court jurisprudence-driven appellate advocacy. Students represent an assigned party in a hypothetical case that progresses from final judgment in the trial court, through the court of appeals, to the Supreme Court of Texas. The class focuses on instilling the best possible judgment in the identification, development, and presentation of winning legal arguments via brief writing and oral argument. Lectures teach specific oral and written advocacy techniques and principles, infused with perspectives of leading appellate practitioners and members of the appellate judiciary, using real world examples. Students are graded on their application of these techniques and principles to the hypothetical case. Students must complete all assignments to receive credit. Major assignments include a brief in a Texas court of appeals, a petition for review in the Supreme Court of Texas, and multiple oral arguments. The course also touches on appellate procedure, ethics, mandamus practice, and the identification, development, and presentation of winning legal arguments in trial courts. The class meets once each week. There is no midterm and no final exam.
Arbitration
- TUE 5:45 – 7:35 pm TNH 3.125
Course Information
- Course ID:
- 296W
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This course will analyze the origins of arbitration, its use in dispute resolution, and the tactics for navigating arbitration. It involves participation in the arbitration process from selection of the arbitrator, presentation of a claim and discovery, and will conclude with a mock arbitration, through the award and challenge in trial courts. The teaching goal is to furnish students with the skills necessary to draft clauses for arbitration, engage in arbitration, and evaluate the decision to resolve disputes through arbitration. This is a skills-oriented course that requires active participation, with the goal of understanding the choice to arbitrate.
Bankruptcy
- TUE, WED, THU 10:30 – 11:37 am ONLINE
Course Information
- Course ID:
- 492R
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 442M, Bankruptcy.
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.
Business Associations
- MON, TUE, WED, THU 9:10 – 10:00 am TNH 2.137
Course Information
- Course ID:
- 492C
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
Same as Law 474K, Business Associations.
This is the basic introductory course in business organizations. It considers issues relating to the selection of business form (partnership, limited partnership, corporation, and limited liability company), as well as the formation, financing, operation, and control of business entities. Primary emphasis is placed on conducting business in the corporate form, including closely-held and publicly-held corporations. Issues discussed in connection with public corporations include registration of securities, proxy regulation, and derivative litigation. Corporate Governance is examined in light of the collapse of Enron and other public companies. Problems in the supplementary materials demonstrate how the statutes and common law principles covered in the course apply in a real world setting. A student may not receive credit for both Corporations and Business Associations or Business Associations (Enriched).
Business Associations
- MON, WED, THU 2:15 – 3:22 pm TNH 3.142
Course Information
- Course ID:
- 492C
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
Same as Law 474K, Business Associations.
This course is an introduction to the basic legal rules governing corporations. The course will focus on publicly held corporations. Among the topics covered will be fiduciary duties, conflict-of-interest transactions, reorganizations and control transactions, shareholder voting rights, and shareholder derivative suits. Issues relating to partnerships and securities law may also be reviewed. Corporations and Business Association, Business Associations, and Business Associations (Enriched) may not be repeated for credit.
This course is restricted to JD degree candidates only.
Business Associations (Enriched)
- MON, TUE, WED, THU 7:52 – 9:00 am TNH 2.123
Course Information
- Course ID:
- 592C
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
Same as Law 574K, Business Associations (Enriched).
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.
COVID and the Law
- TUE, THU 2:15 – 3:30 pm TNH 2.124
Course Information
- Course ID:
- 396W
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This colloquium-style course will explore the legal challenges and implications of the COVID-19 pandemic. Students will read a range of materials that will include law review articles and congressional testimony. This course is interdisciplinary and will feature guest lecturers who are professors at the University of Texas.
The pandemic affected a wide range of public and private laws. Topics we will explore include public health and science implications of COVID-19, how the pandemic exacerbated inequalities for marginalized or vulnerable populations, how privacy, criminal, election, or other public laws were re-examined (or revised) during the pandemic and how private relationships between landlords and tenants or banks and customers were affected during the pandemic.
We may also consider how federal and state tax, employment, and anti-discrimination laws protected or harmed people during the pandemic, how dispute resolution and judicial systems were derailed or re-imagined during the pandemic, and how emergency declarations (including stay-at-home or business shutdown orders) were crafted, applied (or struck down) during the pandemic.
Capital Punishment
- MON, TUE 2:15 – 3:30 pm TNH 2.140
Course Information
- Course ID:
- 378R
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
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 intellectual disability), 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.
Civil Procedure
- MON, WED, THU 1:00 – 2:07 pm TNH 2.138
Course Information
- Course ID:
- 433
Registration Information
- 1L-only required
Description
Introduction to the civil adjudicative process, primarily that of the federal courts, including jurisdiction, pleading, dispositive motions, discovery, and trial procedure.
Civil Procedure
- MON, TUE, WED 10:30 – 11:37 am TNH 2.138
Course Information
- Course ID:
- 533
Registration Information
- 1L-only required
Description
Introduction to the civil adjudicative process, primarily that of the federal courts, including jurisdiction, pleading, dispositive motions, discovery, and trial procedure.
Civil Procedure
- MON, TUE, WED 10:30 – 11:37 am TNH 2.139
Course Information
- Course ID:
- 533
Registration Information
- 1L-only required
Description
Introduction to the civil adjudicative process, primarily that of the federal courts, including jurisdiction, pleading, dispositive motions, discovery, and trial procedure.
Civil Procedure
- MON, TUE, WED 10:30 – 11:37 am TNH 3.127
Course Information
- Course ID:
- 533
Registration Information
- 1L-only required
Description
Introduction to the civil adjudicative process, primarily that of the federal courts, including jurisdiction, pleading, dispositive motions, discovery, and trial procedure.
Course Information
- Course ID:
- 197W
Registration Information
- Upperclass-only elective
Description
No description text available.Course Information
- Course ID:
- 297W
Registration Information
- Upperclass-only elective
Description
No description text available.Course Information
- Course ID:
- 397W
Registration Information
- Upperclass-only elective
Description
No description text available.Clinic: Actual Innocence
- TUE 1:15 – 3:15 pm CCJ 3.306
Course Information
- Course ID:
- 697C
- Experiential learning credit:
- 6 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
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, review trial transcripts, and occasionally visit inmates in prison. The weekly clinic class addresses topics relevant to actual innocence law and procedure.
APPLY ONLINE: https://law.utexas.edu/clinics/application-information/
Clinic: Capital Punishment
- WED 2:15 – 4:05 pm JON 6.207/8
Course Information
- Course ID:
- 497C
- Experiential learning credit:
- 4 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
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.
To enroll, Students must fill out a short application.
Clinic: Children's Rights
- THU 1:15 – 3:45 pm TNH 3.127
Course Information
- Course ID:
- 697C
- Experiential learning credit:
- 6 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
Students in the Children's Rights Clinic represent allegedly abused or neglected children in Travis County as their attorney ad litem. The cases are brought by the Texas Department of Family and Protective Services (DFPS). The state may intervene in a family in a variety of ways, including seeking temporary or permanent custody of a child or termination of parental rights and adoption.
Two very experienced attorneys, Clinical Professors Lori Duke and Leslie Strauch, supervise the representation of clients by the student attorney. The supervising attorneys sign pleadings drafted by the students and accompany them at every court hearing, deposition, and trial on the merits. However, within a week or two, a student can expect to "sit first chair" at hearings, and also is expected to research and prepare the case.
Each student attorney will be assigned a mix of newly filed cases and other cases in various stages of development. If the case goes to final hearing, student participation in the trial will vary from partial to extensive. Each student will have multiple opportunities to appear in court during the semester. Some students will have the opportunity to participate in a bench trial. Occasionally students will participate in a jury trial. Students are likely to participate in mediation. In representing clients, students meet with a wide variety of persons, including medical and mental health professionals, teachers, foster parents, caseworkers and social workers, attorneys, layperson CASA volunteers who may serve as guardians, and police officers.
Court is generally Tuesday morning. The class meets once a week to focus on substantive law, procedure, and ethics, as well as child welfare policy. In addition to the classroom component, each student should expect to average about 9 hours per week on clinic fieldwork (for a total of 135 hours). The weekly workload varies. Students are required to visit their child clients. Sometimes these client visits require travel outside of Travis County (with travel reimbursed).
There are no prerequisites for the course. Students, however, must meet Texas requirements for the participation of qualified law students in the trial of cases under rules promulgated by the Texas Supreme Court. The course is pass/fail. There is no paper or final exam. The course counts toward the ABA Experiential Learning Requirement. APPLY ONLINE: https://law.utexas.edu/clinics/application-information/
Clinic: Criminal Defense
- C. Roberts
- K. Dyer
- THU 2:15 – 4:05 pm TNH 3.140
Course Information
- Course ID:
- 697C
- Experiential learning credit:
- 6 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
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.
Prerequisites: Students may not be enrolled in another clinic. APPLY ONLINE: https://law.utexas.edu/clinics/application-information/
Clinic: Domestic Violence
- TUE 2:15 – 4:45 pm JON 5.208
Course Information
- Course ID:
- 697C
- Experiential learning credit:
- 6 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
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. 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. Further, students will perform parole advocacy on behalf of survivors of domestic violence who are in prison due to their victimization. Prerequisites: Students enrolling should not be on scholastic probation. No other clinics may be taken at the same time as this clinic. APPLY ONLINE: https://law.utexas.edu/clinics/application-information/
Clinic: Entrepreneurship/Community Development
- MON 2:15 – 4:15 pm CCJ 3.306
- THU 9:10 – 10:00 am CCJ 3.306
Course Information
- Course ID:
- 697C
- Experiential learning credit:
- 6 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
Taught by Heather K. Way and Frances Leos Martinez. The Clinic is open to students who have completed their first two semesters. 6 credits (pass/fail) — offered in the Fall and Spring. Students must register for Law 697C.
The Entrepreneurship and Community Development Clinic provides students with a unique opportunity to develop business law and problem-solving skills while representing entrepreneurs, 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
The Clinic also provides interested students with the opportunity to represent clients on public policy issues impacting small businesses and community organizations. Prior projects have included drafting state legislative reforms to assist low-income homeowners access property tax exemptions, testifying before local and state legislative bodies, and advising clients on regulatory barriers.
Clinic students learn how to represent their clients through clinic classes, weekly team meetings with their clinic supervisor, and independent research and initiative. The Clinic classes emphasize the applicable substantive law; the larger social and theoretical context of the Clinic’s work; and the development of practical lawyering skills including interviewing, counseling, negotiating, contract drafting, and public speaking.
The Clinic class meets on Monday afternoons from 2:15-4:15 pm (a few classes run until 5:15 pm), and also on Thursday mornings from 9:10 to 10:00 am for case rounds. There is a mandatory orientation class on the first Friday of the semester, from 9:00 am – 1:30 pm. In addition to class and case rounds, students are required to keep a weekly schedule of eight in-clinic office hours. The Clinic is a significant time commitment. Students are expected to devote an average of 17-20 hours a week to the Clinic, including class time and in-clinic office hours. There are no prerequisites for this clinic, although a background in business law (such as business associations, real estate, or tax law) or policy work will come in handy.
Enrollment is by application only. Students are encouraged to apply for the Clinic during early registration, as the Clinic fills up quickly. The deadline for applications and early registration is April 9th at 12 noon. 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.
Please note: Students may not enroll in both the Entrepreneurship and Community Development Clinic and the Texas Venture Labs at McCombs School of Business concurrently.
To apply for the Clinic, please submit the online application, available on the UT Law Clinical Education homepage (https://law.utexas.edu/clinics/application-information/). For additional information, please contact Clinic Director Heather K. Way (hway@law.utexas.edu, 512-232-1210), or the Clinic Administrator Sarah Beach (sbeach@law.utexas.edu, 512-232-1564).
Course Information
- Course ID:
- 697C
- Experiential learning credit:
- 6 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
ENVIRONMENTAL CLINIC – 6 credits, pass/fail (application required)
Students in the Environmental Clinic work with non governmental organizations and underserved communities throughout Texas to advocate for solutions to today’s pressing environmental problems, including environmental injustice and climate change. Students in the Clinic learn to think creatively about how to use the law to protect and improve environmental quality and public health.
Students work on cases in teams, under the supervision of clinic faculty, and should expect to spend 10-12 hours per week working on clinic cases. Recent clinic projects have included:
- civil rights complaints,
- environmental enforcement in federal courts,
- 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 enviormental statutes and rules and discuss environmental laws, environmental justice, the role of lawyes 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.
To apply for the Clinic, please submit the online application.
For additional information regarding the clinic, contact Clinic Director Kelly Haragan (kharagan@law.utexas.edu, 512-232-2654) or Clinic Administrator Sarah Beach (sbeach@law.utexas.edu, 512-232-2454).
Clinic: Human Rights
- MON, WED 2:15 – 3:30 pm JON 6.257
Course Information
- Course ID:
- 697C
- Experiential learning credit:
- 6 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
The Human Rights Clinic works to promote and protect human rights in Texas and around the world. Through supervised practice, students learn the responsibilities and skills of human rights lawyering and advocacy. Mirroring the approach of practicing advocates, students work in small project teams, developing lawyering, advocacy and ethical skills and receiving intensive mentoring and feedback. The Human Rights Clinic’s practice spans a wide range of issues, including sexual and reproductive rights; human rights and the environment; U.N. treaty bodies and special procedures; and many more. All the cases and projects involve research, writing, and an opportunity to discuss the strategies used by human rights advocates. The cases and projects provide the students an opportunity to gain practical skills in partnering with other students, institutions, and organizations, thus forming a team of advocates. Finally, all the projects and cases allow a multidisciplinary approach and permit working across disciplines and use the perspectives of different fields to enhance the overall theoretical framework. Routinely the Clinic admits non-Law students. The Clinic employs a variety of lawyering methods that are tailored to the needs of each project. These include: Documentation and Reporting; International Litigation; Advocacy. The Clinic meets two times per week for an hour and a half. Classroom lectures and discussion focus on substantive human rights law, client interviewing, case and project preparation and strategy and review of ongoing cases and projects. In addition to the classroom component, students should expect to spend 15–20 hours per week on Clinic work. The weekly workload varies substantially, depending upon the stage of each project or case. Clinic work may include some travel. Preference is given to students who have taken a human rights course or who have other human rights or public interest experience. APPLY ONLINE: https://law.utexas.edu/clinics/application-information/
Clinic: Immigration
- TUE, THU 3:45 – 5:15 pm TNH 3.129
Course Information
- Course ID:
- 697C
- Experiential learning credit:
- 6 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
Students in the Immigration Clinic represent vulnerable low-income immigrants from around the world before the immigration and federal courts and the Department of Homeland Security (DHS). Students gain hands-on experience by taking on the primary responsibility and decision-making authority for their cases under the mentorship of the clinic faculty. The clinic’s caseload varies each semester focused primarily on detention and deportation defense and asylum cases. The clinic has handled cases for clients from, among other countries, Mexico, Colombia, Honduras, Guatemala, El Salvador, Eritrea, Guinea, Burma and Uzbekistan. Students provide assistance and direct legal representation to women and families held in immigration detention centers. Students also engage in national and international human rights advocacy projects and collaborate with organizations to reform and improve the rights of immigrants in the United States. Through client representation and advocacy as well as the classroom component of the clinic, students learn substantive immigration law. Students also develop client relationship skills and practice a variety of legal advocacy techniques. The clinic allows students to explore different models for effective and collaborative lawyering.
The Immigration Clinic meets for class two times per week for an hour and a half. Grading is on a pass/fail basis for this six-credit hour clinic. There is no final exam or paper. Students should expect to spend 10-20 hours per week on clinic work, including class time and office hours. Students will occasionally travel to area detention facilities and to San Antonio where the Immigration Court and DHS offices are located. Students are encouraged to apply for the clinic during early registration as enrollment is limited and faculty permission is required to register. Students should submit an electronic application, available at https://law.utexas.edu/clinics/application-information/, by the end of the early registration period. For more information about the Immigration Clinic, contact Denise Gilman (dgilman@law.utexas.edu) or Elissa Steglich (esteglich@law.utexas.edu).
Clinic: Law and Religion
- MON, WED 1:15 – 2:30 pm TNH 3.114
Course Information
- Course ID:
- 697C
- Experiential learning credit:
- 6 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
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, synogogues, 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 Professor Collis as a group twice a week: once to discuss their cases and once 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 Professor Collis to discuss how their lawyering skills are progressing and to counsel on other issues.
The clinic is offered in the fall and spring, for six (6) credits, pass/fail. The Clinic is open to students who have completed their first two semesters. You can find a broader description of the clinic and the Bech-Loughlin First Amendment Center here.
SPECIAL INSTRUCTIONS There are no prerequisites for this clinic, but an application is required. You can find the instructions here: https://law.utexas.edu/clinics/application-information/
Clinic: Supreme Court
- TUE 4:15 – 6:05 pm JON 6.257
- FRI 10:30 am – 12:20 pm JON 6.257
Course Information
- Course ID:
- 697C
- Experiential learning credit:
- 6 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
SUPREME COURT CLINIC IS A 6-HR. This clinic 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 most often involve federal statutory issues, but some will raise constitutional issues. As part of their clinic work, students will participate in identifying potential cases for the clinic to handle. 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. 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). The clinic includes some traditional classroom sessions to introduce students to Supreme Court procedures and the strategic considerations relevant in Supreme Court practice. In addition to selecting the Clinic during Early Registration, students must fill out a short application. APPLY ONLINE: https://law.utexas.edu/clinics/application-information/
Clinic: Transnational Worker Rights
- WED 3:45 – 5:35 pm JON 5.257
Course Information
- Course ID:
- 697C
- Experiential learning credit:
- 6 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
For students participating in the spring semester, this clinic and its robust litigation practice will be conducted remotely online - using Zoom and other innovative electronic law practice methods. (See more below).
TRANSNATIONAL WORKER RIGHTS CLINIC IS A 6-HR. CLINIC. Students in this clinic will represent low-income transnational migrant workers mainly in Central Texas in legal action to recover unpaid wages for work they have performed 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 laboring 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 current stage of each case, students will: interview and advise clients; investigate cases and develop legal action strategies; negotiate with opposing parties and their lawyers; initiate and manage active litigation; prepare legal 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; 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 Clinic is conducted in partnership with the Equal Justice Center (EJC), a non-profit public-interest law firm, based in Austin, Dallas, 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. The clinic requires students to devote a substantial amount of time each week to handling active cases for real clients, including scheduled office hours at the nearby Equal Justice Center office; regular case review with supervising attorneys; and frequent 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. The classroom component of the clinic will meet once a week for two hours. The classroom sessions will explore various deeper aspects of employment law, rights of immigrant workers, and effective litigation practice.
Normally the law practice of this Clinic occurs off-campus in the law offices of the Equal Justice Center. However, like most law offices, the EJC is currently closed to in-person staff and public operations, due to the pandemic. Nevertheless the EJC law practice and the TWR Clinic law practice are proceeding dynamically and successfully through innovative electronic means. One salutary effect of this adaptation is that TWR Clinic law students are getting an opportunity to learn - along with the rest of the legal profession - the novel art of remote law practice. The full spring semester clinic will be taught and conducted remotely online. Any decision to re-open the Equal Justice Center office and TWR Clinic to some optional in-person operations will be based on careful monitoring of public health conditions throughout the spring. Nonetheless, any student who enrolls in the Clinic for the spring semester will be able to participate remotely and fully for the entire semester, even if optional in-person participation opportunities should become available for those students who are in Austin.
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; ethical issues in employment rights representation; community-based legal strategies and civic participation rights; 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. APPLY ONLINE: https://law.utexas.edu/clinics/application-information/
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. APPLY ONLINE: https://law.utexas.edu/clinics/application-information
Const Law II: Amendments 1 & 2
- MON, TUE, WED, THU 9:10 – 10:00 am JON 6.207/8
Course Information
- Course ID:
- 481C
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will not use floating mean GPA
Description
The course will focus on constitutional interpretation involving the Religion Clauses, the Expression Clauses, and the Right to Bear Arms. Both interpretive and substantive issues will be addressed to question what the scope of each constitutional provision should be and whether that scope should be interrelated with the scope of other provisions. Specific topics will include: gun control, dollars to religion, school, prayer, criminal advocacy, pornography, hate speech, and new communications technologies.
Const Law II: Constitutional History
- MON 2:15 – 3:30 pm TNH 2.138
- TUE 2:15 – 3:30 pm TNH 3.142
Course Information
- Course ID:
- 381C
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will not use floating mean GPA
Description
Constitutions are about power, what it is to be used for, by whom, and according to what understandings and justifications. Constitutional conflicts concern the reach and limits of government power: state and local power versus federal power; legislative versus judicial power; public governmental power versus private liberty. Constitutional conflicts, at the same time, concern questions of interpretive authority. Who has the right to say what the Constitution means and demands? The courts? The federal or state lawmakers? The people themselves? Constitutions, also, are about political community. Who belongs, in the U.S. Constitution's words, to "We, the People"? Who counts as a full, rights-bearing citizen? And what are his or her rights?
These are the main issues of constitutional history; no wonder its currents and conflicts have involved more than the courts. This course will weave together U.S. constitutional history in the courts with the history of constitutional conflicts in American politics, culture and society. At the same time, we will explore the uses of history in constitutional interpretation. What kind of authority should past generations’ constitutional understandings and commitments enjoy in today’s constitutional contests? What does it mean to be “faithful” to the Constitution as a centuries-old text and a centuries-long experiment in self-government? In what ways are we bound by the words and deeds of the past? In what we ways are we free to construct new constitutional meanings and principles? And what can we learn from the ways that past generations addressed these questions?
This year, we will focus chiefly on the first century of American constitutional experience. We’ll examine the founding of the republic and the framing and Antebellum history of the Constitution as a great experiment in self-government. We’ll also study the same period as a great constitutional experiment in federalism - in creating and managing a union of states with profoundly different social orders, values and interests. One main theme will be the protracted conflicts and accommodations between North and South. The coming of the Civil War repays careful attention because it remains the most important constitutional crisis in our history. The War and its aftermath, the period known as Reconstruction, and the Civil War and Reconstruction Amendments (13th, 14th, and 15th Amendments), constituted a Second Founding, no less significant than the first. The authority of the national government over the states was transformed, and with it, the meaning of American democracy. From a slaveholding, racially exclusive republic, America reconstituted itself into a racially inclusive republic of equal citizens. We’ll study this Second Founding, then its unraveling in the constitutional law and politics of the late 19th century, and then its revival in the Civil Rights era of the mid-20th century.
Prerequisite: U.S. Constitutional Law I.
Const Law II: Free Speech
- MON, TUE, WED 1:15 – 2:05 pm JON 5.206/7
Course Information
- Course ID:
- 381C
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
This course will cover the history and the recent judicial interpretation of the First Amendment's free speech clause. Beginning with debate over the original meaning of the First Amendment, the course will proceed chronologically through World War I. Subjects will include the Alien and Sedition Laws of 1798,the suppression of abolitionist literature before the Civil War, the range of popular and legal views about the meaning of free speech between the Civil War and World War I, and the suppression of dissent during World War I. Most of the course will address the modern judicial interpretation of free speech that began in the years immediately following World War I. Coverage of modern judicial interpretation will be topical rather than chronological. Subjects will include subversive advocacy, prior restraints, tort law and the First Amendment, offensive speech, symbolic dissent, freedom not to speak, the government as employer, the government's management of public property, access to the mass media, campaign finance, obscenity, and commercial speech. Readings, particularly for the historical portion of the course, will consist of secondary sources as well as legal decisions. NO PREREQUISITES.
Const Law II: Origins of the Federal Constitution
- C. Eskridge
- B. Starr
- MON 1:15 – 3:55 pm TNH 3.140
Course Information
- Course ID:
- 381C
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Prof. keeps own waitlist
- Will not use floating mean GPA
Description
Origins of the Federal Constitution presents an intensive introduction to the historical sources of the Constitution. By reference to original source documents, the class considers the common law and other influences on early American government and justice, such as Locke, Montesquieu, and Blackstone’s Commentaries; the colonial experience leading to and immediately following the American Revolution; documents and debate directly relevant to formation of individual constitutional provisions and amendments; and the initial experience and understanding of the Constitution, through to Story’s Commentaries, in addition to later amendments. The class will also consider the influence and use of this material on modern interpretation of the Constitution.
A coursepack of original documents will be provided to you at no cost. These have largely been selected and edited from The Founders’ Constitution, edited by Philip B. Kurland and Ralph Lerner (University of Chicago Press 1987).
Const Law II: Race/Sex Discrimination
- MON, WED 11:50 am – 1:05 pm ONLINE
Course Information
- Course ID:
- 381C
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
This class will be taught online via Zoom.
This course will explore constitutional issues surrounding claims of race and sex discrimination. The course is historical, covering antebellum, Civil War, and post-Fourteenth Amendment controversies. We will examine race and sex in several contexts (e.g., segregation, military policy, education, affirmative action) and consider a broad range of theoretical approaches. The course is designed to provide a close understanding of both historical and contemporary analyses. The materials on race occupy approximately two-thirds of the overall course. Prerequisite: Con Law I.
Constitutional Law I
- MON, TUE, WED, THU 2:20 – 3:10 pm TNH 2.139
Course Information
- Course ID:
- 434
Registration Information
- 1L-only required
Description
Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.
Constitutional Law I
- TUE, WED, THU 9:10 – 10:17 am TNH 2.123
Course Information
- Course ID:
- 534
Registration Information
- 1L-only required
Description
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.
Constitutional Law I
- TUE, WED, THU 9:10 – 10:17 am TNH 3.125
Course Information
- Course ID:
- 534
Registration Information
- 1L-only required
Description
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
Constitutional Law I
- TUE, WED, THU 9:10 – 10:17 am TNH 3.124
Course Information
- Course ID:
- 534
Registration Information
- 1L-only required
Description
Distribution of powers between federal and state governments; constitutional limitations on and judicial review of governmental action.
Construction Litigation
- MON 3:45 – 5:35 pm TNH 3.124
Course Information
- Course ID:
- 285W
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 264T, Construction Litigation.
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.
Contracts
- MON, TUE, WED, THU 1:15 – 2:05 pm TNH 2.137
Course Information
- Course ID:
- 421
Registration Information
- 1L-only required
Description
Methods by which rights and duties of promissory and quasi-promissory origin are created, transferred, limited, discharged, breached, and enforced.
Contracts
- MON, TUE, WED 1:00 – 2:07 pm TNH 2.139
Course Information
- Course ID:
- 521
Registration Information
- 1L-only required
Description
Methods by which rights and duties of promissory and quasi-promissory origin are created, transferred, limited, discharged, breached, and enforced.
Contracts
- MON, TUE, WED 1:00 – 2:07 pm TNH 3.142
Course Information
- Course ID:
- 521
Registration Information
- 1L-only required
Description
Methods by which rights and duties of promissory and quasi-promissory origin are created, transferred, limited, discharged, breached, and enforced.
Contracts
- MON, TUE, WED 1:00 – 2:07 pm TNH 3.127
Course Information
- Course ID:
- 521
Registration Information
- 1L-only required
Description
Methods by which rights and duties of promissory and quasi-promissory origin are created, transferred, limited, discharged, breached, and enforced.
Contracts for Foreign Lawyers
- TUE, WED 10:25 – 11:40 am TNH 3.125
Course Information
- Course ID:
- 395P
Registration Information
- LLM degree course only
- Will not use floating mean GPA
Description
Same as LAW 321Q, Contracts for Foreign Lawyers.
This course will introduce foreign lawyers in the LLM and exchange program to the common law of Contracts. It will cover the methods by which rights and duties of promissory and quasi-promissory origin are created, transferred, limited, discharged, breached, and enforced.
Copyright-Media Rights Drafting Workshop
- MON, WED 11:50 am – 1:05 pm JON 6.206
Course Information
- Course ID:
- 396W
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
- Will use floating mean GPA if applicable
Description
Same as LAW 379M, Copyright-Media Rights Drafting Workshop.
This is a hands-on drafting course focusing on IP and media rights, guided by a practitioner with over 35 years of experience in multinational transactions and litigation. We will begin with the building blocks of conveyances-- grants, licenses and other mechanisms to permit or prohibit the exploitation of IP in copyright and related (trademark, trade secret and right of publicity) areas in a variety of fields: media, entertainment and information/content delivery. Rather than limiting study to existing contract language and case law (both helpful), we craft the necessary language through participatory in-class and take home drafting exercises with two objectives in mind: the object of the contract or other document and knowledge of relevant substantive law. The goal is to enable the student to develop a working understanding of operative IP-centric provisions and a skill set to craft language based on an informed understanding of these provisions, which takes account of the business practices and conventions of various industries in which these contract clauses function.
Prerequisites: completion of copyright or other IP courses or equivalent work-related experience. Course open only to applicants with approval of professor.
Method of Evaluation: graded in-term take home exercises plus final drafting exercises (floating).
Materials: Professor to provide; third party reference materials available online or in library.
Corporate Accountability for Environmental and Public Health Harms
- THU 6:15 – 7:05 pm TNH 3.129
Course Information
- Course ID:
- 185Q
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
In this 1 credit, seminar-styled class, we will explore a number of different and somewhat disconnected legal approaches used to hold corporations accountable for their environmental and public harms. Weekly topics include false advertising claims, public nuisance; SEC disclosures; enforcement of regulatory requirements; right-to-know disclosures; and others. The structure of the class and readings are set out by the professor, but the fifty minute weekly discussions will be led by student teams that rotate on a weekly basis. The final grade will be based on the quality of the participatory contributions made throughout the semester; the quality of the specific classes led by the student; and twelve, short blog posts on the weekly readings. Limit 14.
Course Information
- Course ID:
- 384G
- Cross-listed with:
- Marketing
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 354D, Corporate Governance. This is a Business School course, cross-listed with the Law School.
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 second format of the class will use Harvard cases to illustrate several major real world issues related to corporate governance. 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.
Criminal Law I
- TUE, WED, THU, FRI 9:10 – 10:00 am TNH 2.139
Course Information
- Course ID:
- 423
Registration Information
- 1L-only required
Description
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.
Criminal Law I
- THU 12:10 – 2:00 pm TNH 2.114
- FRI 10:30 am – 12:20 pm TNH 2.114
Course Information
- Course ID:
- 423
Registration Information
- 1L-only required
Description
Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.
Criminal Procedure: Investigation
- TUE, WED, THU 10:30 – 11:20 am TNH 3.142
Course Information
- Course ID:
- 351K
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
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. Though the Fourth Amendment is the centerpiece of this course, the Fifth Amendment right against compelled self-incrimination also figures prominently. This course satisifies the Con Law II requirement.
Criminal Procedure: Prosecution
- TUE, WED, THU 1:15 – 2:05 pm TNH 3.124
Course Information
- Course ID:
- 370M
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
This course deals with the judicial phase of the criminal justice process, from the decision to bring criminal charges through trial and sentencing. Along the way, it covers the charging decision, the grand jury, bail, pretrial detention, the right to a speedy trial, discovery, the right to an impartial trial, the right to effective assistance of counsel, plea bargaining, guilty pleas, and sentencing. Although the course will cover several statutory rights and selected provisions of the Federal Rules of Criminal Procedure, the major focus is on federal constitutional limitations on criminal procedure. This course satisfies the Con Law II requirement.
Cybersecurity Law & Policy
- TUE, WED 9:05 – 10:20 am TNH 2.138
Course Information
- Course ID:
- 389T
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 379M, Topic: Cybersecurity Law & Policy.
This course is a deep dive into a broad range of legal and policy issues associated with cybersecurity, intended as a comprehensive introduction to the topic and the many public and private institutions involved in it.
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, and the course materials I created for it have been shared and adopted widely around the nation. 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. If you are in doubt and want to ask questions about it, please email me at rchesney@law.utexas.edu.
To get a full sense of the course, check out the (free) course eBook, which I wrote specficially for the course and update each year to stay current. You can find it here.
Course Information
- Course ID:
- 197L
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
No description text available.Course Information
- Course ID:
- 297L
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
No description text available.Course Information
- Course ID:
- 397L
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
No description text available.Course Information
- Course ID:
- 197F
Registration Information
- Upperclass-only elective
Description
No description text available.Course Information
- Course ID:
- 297F
Registration Information
- Upperclass-only elective
Description
No description text available.Course Information
- Course ID:
- 397F
Registration Information
- Upperclass-only elective
Description
No description text available.Energy Development and Policy
- TUE 4:00 – 7:00 pm RRH 2.238
Course Information
- Course ID:
- 396W
- Cross-listed with:
- Business, Government, And Society
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 79M, Energy Development and Policy.
This interdisciplinary course will introduce students to the legal, business, and technical facets of energy development and entrepreneurship. The course is structured around five potential development sites—two wind development projects (a coastal and a north Texas site), a west Texas solar project, and two natural gas combined-cycle plants (a new combined heat and power plant in Houston and a conventional plant in San Antonio). The key stages of project development will be covered, including site selection, life cycle analysis, due diligence, permitting, contracting, and financing. The case studies are designed (1) to provide real-world conditions for understanding project development, (2) to allow students to engage in practical problem solving, and (3) to enable government policies to be evaluated in context. Course work will be complemented by regular discussions with leading experts in the utility and renewable-energy sectors. Students will work in interdisciplinary teams of graduate students from law, business, and engineering to develop a project proposal based on a mix of renewables and natural gas generation. In addition to short exercises during the semester (e.g., negotiations, financial modeling, technical analysis), each student team will prepare a project prospectus and presentation on the technical, business, and legal aspects of their assigned technologies / locations. The course will culminate with each team presenting their proposal to a corporate investment panel and the class and the creation of a project portfolio based on all of the teams' input and analyses. Course evaluation will be based on class participation, a preliminary project memo, and the final team presentation.
Environmental Law: Climate, Air and Water
- MON, TUE, WED 2:15 – 3:05 pm TNH 3.127
Course Information
- Course ID:
- 391E-2
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 341L, Topic: Environmental Law: Air & Water.
This course will begin with an introduction to pollution control, the common law antecedents, and early statutory developments. The remainder of the course will be devoted to an intensive study of the Clean Air Act and the Clean Water Act. The student will become familiar with the substantive provisions of those statutes and will gain a knowledge of how the statutes are implemented by the United States Environmental Protection Agency and the relevant state agencies. In addition, the course will expose the student to scientific and engineering concepts relevant to regulating the "conventional" air and water pollutants. Finally, the course will examine ongoing regulatory attempts to address climate change under the Clean Air Act and the prospect for climate change legislation.
Environmental Law: Toxics
- THU 10:30 – 11:45 am TNH 2.137
- FRI 10:30 – 11:45 am TNH 2.140
Course Information
- Course ID:
- 391E-1
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 341L, Topic: Environmental Law: Toxics.
This 3 credit course examines the regulation of toxic substances in both the common law and federal regulations. The course focuses on the federal regulatory programs governing different types of toxics problems. These programs include: a) statutes regulating toxic products (the Occupational Safety and Health Act; the Safe Drinking Water Act; the Toxic Substances Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; and the Consumer Protection Act); b) statutes regulating the continuous release of pollutants through normal operations (the Occupational Safety and Health Act; and the Clean Air and Water Acts); and c) statutes regulating waste disposal (the Resource Conservation and Recovery Act and the Comprehensive Environmental Response Compensation and Liability Act (Superfund)). The course then explores the enforcement of these regulatory programs, including the use of citizen suits and environmental justice claims. The course concludes with an examination of the vital role that state law and tort litigation play in the shadow of these extensive federal regulatory programs. The basis of evaluation will be a 24 hour, open book examination. Prerequisite: None
Evidence
- TUE, WED 3:45 – 5:35 pm TNH 2.114
Course Information
- Course ID:
- 483
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
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.
Federal Courts
- MON, TUE, WED 10:30 – 11:20 am TNH 3.140
- THU 10:30 – 11:20 am TNH 2.139
Course Information
- Course ID:
- 486
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This course addresses the doctrines and policies that shape and limit the power of federal courts. Topics include the subject-matter jurisdiction of the federal district courts, the law applied to state-law claims, federal common law, justiciability, suits challenging official action, judicial federalism, and legislative courts.
Federal Income Taxation
- MON, TUE, WED 10:30 – 11:37 am TNH 2.124
Course Information
- Course ID:
- 493Q
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
Same as LAW 454J, Federal Income Taxation.
Federal Income Taxation (FIT) presents an overview of the federal income tax, mostly as it applies to individuals. The aim of the course is to present the fundamental principles and policies underlying the federal income tax and to convey the style and flavor of tax law thinking. As a survey, FIT will touch on all the major issues, such as what is gross income, what expenditures are deductible, what is the appropriate taxable unit, what is the function of "basis," and what is the appropriate timing of income and deductions. Specific topics that will be covered in reasonable depth include: the definition of gross income, including the specific inclusion and specific exclusion provisions, business and investment expense deductions, the exclusions for gifts, bequests, and recoveries for personal injuries, income attribution, the taxation of the family (including divorce taxation), the tax treatment of loans, capital expenditures, methods of capital recovery, capital gains and losses, tax-free exchanges, and various tax policy issues (including horizontal and vertical equity, economic efficiency, optimal tax theory, the tax expenditure concept, and a comparison of an income tax base with a cash flow consumption tax base). The grade for this course will be based entirely on a final, open book examination.
Required Textbooks:
(1) Joseph M. Dodge, J. Clifton Fleming, Jr., Francine J. Lipman & Robert J. Peroni, Federal Income Tax: Doctrine, Structure, and Policy (Carolina Academic Press 5th ed. 2019)—ISBN 978-1-5310-1311-0
(2) Federal Income Tax—Code & Regulations—Selected Sections, Robert J. Peroni, Coordinating Editor (Wolters Kluwer/CCH 2021-2022 ed.)—will be published in early to mid July 2021—new edition must be ordered
Recommended Textbooks (Optional):
(1) Marvin A. Chirelstein & Lawrence Zelenak, Federal Income Taxation (West Academic/Foundation Press 14th ed. 2018) (Concepts and Insights Series)—ISBN 9781640208247
(2) Donald B. Tobin & Samuel A. Donaldson, Principles of Federal Income Taxation (West Academic 8th ed. 2017) (Concise Hornbook Series)—ISBN 9780314287861
Federal Income Taxation
- MON, TUE, WED 2:15 – 3:22 pm TNH 3.124
Course Information
- Course ID:
- 493Q
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
Same as LAW 454J, Federal Income Taxation.
This is a four-credit course. There are no prerequisites. A prior background in accounting, economics, math, or finance is neither needed nor expected.
Federal Income Tax (FIT) is an overview of the federal income tax, mostly as it applies to individuals. The aim of the course is to present the fundamental principles underlying the federal income tax. As a survey, FIT will touch on all the major issues, such as what is gross income, what expenditures are deductible, what is the appropriate taxable unit, what is the function of "basis," and what is the appropriate timing of income and deductions. Specific topics will include: employee fringe benefits, business deductions (e.g., travel, entertainment, and education), hobby losses, personal deductions (e.g., medical expenses and charitable contributions), the exclusions for gifts, bequests, and life insurance proceeds, taxation of the family (including divorce), the tax treatment of loans, capital expenditures, methods of capital recovery (e.g., installment sales and depreciation methods), capital gains and losses, tax-free exchanges and rollovers, tax accounting (e.g., the cash and accrual methods), and the "tax benefit" rule.
The instructor will put great emphasis on using both the Internal Revenue Code and the Treasury Regulations.
Financial Market Policy
- S. Bauguess
- WED 1:00 – 4:00 pm SZB 416
Course Information
- Course ID:
- 396W
- Cross-listed with:
- Finance
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 379M, Topic: Security Market Policy. This is a Business School course, cross-listed with the Law School. Students interested specifically in the legal regulation of securities should pay special attention to the Law School's courses Securities Regulation and Capital Markets.
This course provides a general framework – both theoretical and practical – to identify, analyze, and understand the tradeoffs that government regulators make when deciding financial and securities markets policy. You will develop the tools to understand the market failures and inefficiencies that lead to these choices, as well as their consequences on capital raising, investor welfare, securities trading, corporate governance, and financial stability.
At the end of the course you should understand how the legal and economic boundaries between investors, companies, and financial intermediaries give rise to incentives and behaviors that (1) fuel financial innovation, (2) lead to market abuses and fraud, (3) engender systemic risk, and (4) drive the need for continuous regulatory calibration to promote and maintain orderly and efficient markets.
General topic areas are fixed, but the learning exercises and assignments will be guided by current market developments and practices among asset managers, securities dealers, banks, public corporations, and investment companies. Students are expected to carry a significant reading and writing load throughout the semester.
Topic areas covered
- A brief history of financial markets
- Evolution of banking, from Medici to Morgan; development of public securities markets; panics, crises, and the rise of capital market regulators
- The policy and politics of making rules
- Congress, regulatory agencies, and the courts; identifying market failures; understanding the policy tradeoffs
- Securities fraud and misconduct
- Insider trading, offering fraud, and financial misreporting; defining abusive market practices; detection methods and market surveillance
- Financial market stability
- Causes and consequences of systemic risk; private market finance and shadow banking; international regulatory cooperation
- Technology disruptions and financial innovation
- Approving new financial products; algorithmic trading and machine learning risks; FinTech and democratizing finance
- Social responsibility in securities regulation
- Disclosure of ESG factors; pursuit of human rights; promoting diversity and inclusion
Financial Methods for Lawyers
- TUE, THU 2:15 – 3:22 pm TNH 2.114
Course Information
- Course ID:
- 292G
- Experiential learning credit:
- 2 hours
- Short course:
- 8/26/21 — 11/4/21
Registration Information
- Upperclass-only elective
Description
Same as LAW 272P, Financial Methods for Lawyers.
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.
Course Information
- Course ID:
- 395E
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 364E, Health Law.
This is a survey course covering legal issues in health care delivery, health insurance financing, and the responsibilities of health care professionals to patients. Students will be introduced to the legal and policy considerations that have shaped the relationships between providers (physicians and hospitals), payers (public and private), and patients and how different areas of law have developed when applied to the healthcare industry. We will consider implications of the Patient Protection and Affordable Care Act and ongoing reform efforts for healthcare law and policy. In addition to presenting essential material for those intending to represent health care providers and payers, serve as health care regulators and policymakers, or advocate on behalf of individuals, the course offers students of all backgrounds an introduction to the legal governance of one-sixth of the U.S. economy.
Indigent Defense
- K. Davidson
- D. Peterson
- WED 4:30 – 6:30 pm TNH 2.138
Course Information
- Course ID:
- 296W
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 279M, Indigent Defense.
The rights of a person charged by the government with a crime are at the heart of the Bill of Rights, enshrined in the Fourth, Fifth, Sixth, and EighthAmendments. No single “issue” receives more attention in the Bill of Rights than protections afforded someone before they are incarcerated. And yet America incarcerates people at a rate higher than most countries in the world. 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 Jim Crow laws and segregation. A public defender stands at this crossroads with her client, and must be prepared to provide zealous representation of her client in this context.
This course will explore both the theoretical 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?
Weekly reading assignments will explore these topics, from a variety of perspectives and disciplines, and students will be required to discuss their reflections during class discussions. Students will be provided case studies, where they will be required to analyze and discuss legal and practical strategies for client communications, motions, cross-examinations, and sentencing analysis and mitigation.
Course Information
- Course ID:
- 292V
- Short course:
- 8/31/21 — 10/13/21
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 269, Insurance.
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.
Intellectual Property, Introduction
- MON, WED, THU 9:10 – 10:17 am TNH 2.124
Course Information
- Course ID:
- 486Q
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 450G, Intellectual Property, Intro.
This course will survey the three big areas of legal protection for intellectual property: copyright, patent, and trademark law. It also reviews trade secret law briefly. We study the legal rules and also the economic and moral justifications for giving legal protection to intellectual creations and information goods. While this is not a technology-oriented course, it does explore some of the more important intellectual property issues raised by recent technological developments, especially in the digital and Internet environment. The course is well suited for students already committed to a career in IP law who want an overview of the field, as well as students who seek to learn more before deciding whether to pursue IP professionally and students who just find the field interesting and want an introduction. The grade in the class will be based on an in-class final exam.
Intelligence and National Security
- B. Adair
- WED 2:00 – 5:00 pm SRH 3.124
Course Information
- Course ID:
- 389V
- Cross-listed with:
- Public Affairs
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 397S, SMNR: Intelligence & National Security. This is an LBJ School course, cross-listed with the Law School.
This course seeks to provide a foundational understanding of the U.S. national security and intelligence system. The course begins with how the U.S. national security system is structured, to include the critical role intelligence collection plays within that bureaucratic system. The remainder of the course focuses on the structure of the Intelligence Community (IC) while probing deeper into the areas of what intelligence is, how intelligence is used, and lessons learns from both the successes and failures of intelligence in major U.S. security events. The seminar weaves historic cases with current events to generate critical thinking and thoughtful discussion about the use and misuse of intelligence both in policy formulation and how policies are executed within the realities of a government bureaucratic structure.
The seminar will introduce studies to the elements of intelligence, to include collection and analysis, along with the case studies to demonstrate how intelligence was used with varying degrees of success. Students with thus be introduced to the variety of intelligence disciplines (HUMINT, SIGINT, IMINT, and so on) as part of the policy decision-making process. Along with the intelligence disciplines, students will receive instruction on critical intelligence areas that include covert action and counterintelligence/counterespionage. In addition, the course will include the moral and ethical dilemmas associated with all facets of intelligence in a democratic system of government, to include the balance of civil liberties with collection efforts and the need for secrecy in an open society. These dilemmas will be accompanied by discussions about IC oversight mechanisms, to include a retrospective look at why stricter oversight came into being and why some of those oversight restrictions were reversed or reduced because of increasingly complex security concerns.
Course objectives include:
- Sharpen critical thinking and analytic skills
- Polish professional writing skills
- Practice professional briefings
- Practice teamwork in a context of mutual dependence
- Employ research skills to acquire a deeper understanding of an issue related to intelligence and national security.
Intensive Litigation Advocacy Skills
- WED 12:00 – 3:00 pm TNH 3.140
- THU 1:15 – 2:05 pm TNH 3.140
Course Information
- Course ID:
- 487V
- Experiential learning credit:
- 4 hours
Registration Information
- Upperclass-only elective
- Prerequisites: Evidence (83), Advocacy Survey (87D)
Description
Same as LAW 375P, Intensive Litigation Advocacy Skills and LAW 176H, Intensive Litigation Advocacy Skills.
Anticipating a career in civil or criminal litigation? This class is designed for the advocacy student interested in improving advocacy skills through intensive training exercises and immersion into trial, arbitration and civil litigation skills. In the Intensive Advocacy course, students are divided into small groups and tracts allowing them to focus on the distinct skills for their preferred practice area. The course is almost exclusively experiential (skills based), with students receiving constant feedback in a fun, safe environment. The class provides networking and possible employment opportunities with local attorneys and judges serving as instructors and guests.
This class is restricted to 3Ls only.
Prerequisites: Advocacy Survey and Evidence.
International Commercial Arbitration
- MON 3:45 – 6:55 pm TNH 3.125
Course Information
- Course ID:
- 381V
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 335J, International Commercial Arbitration.
International arbitration specialists experienced in international disputes worldwide provide students with the legal knowledge and practical skills necessary to navigate all aspects of international commercial arbitrations, including forum selection, analysis of arbitration laws and provisions, arbitrator selection and challenges, enforcement of arbitration awards, and more.
International commercial transactions almost invariably require international arbitration of disputes; so the transnational lawyer should know this area of practice.International arbitration represents one area where states have delegated a judicial function to private individuals. Those arbitrators enjoy wide discretion, act as judge and jury and render globally portable awards that suffer minimal state oversight. Understanding the terms of that delegation, which differ from country to country, will allow 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, with a substantial portion of the grade dependent on class participation.
International Human Rights Law
- MON, WED 11:35 am – 1:05 pm ONLINE
Course Information
- Course ID:
- 382Q
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
- Will use floating mean GPA if applicable
Description
Same as LAW 348E, International Human Rights Law. This class will be taught online via Zoom.
The course considers some of the most pressing global issues of our time through an overview of the history, theory, and practice of international human rights law, as well as the related fields of international humanitarian and criminal law. It identifies decades-long tensions about the legitimacy and meaning of human rights, with a focus on how those tensions are manifested in the case law of adjudicatory and quasi-adjudicatory legal institutions created by international and regional treaties, as well as by domestic courts. Much of the course is organized around in-depth and comparative study of the adjudication of human rights claims about matters including racial, gender, and sexual equality; rights to property, housing, and health; rights of indigenous peoples; religion and culture; and humanitarian law. As a part of the course, students will work in teams to select, edit, analyze, and present a legal opinion on human rights to the rest of the class.
International Tax
- MON, TUE 2:15 – 3:30 pm JON 6.206
Course Information
- Course ID:
- 393F
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
- Prerequisite: Federal Income Taxation (93Q)
Description
Same as LAW 374R, International Tax.
This course examines the U.S. income tax laws and policies relating to the taxation of foreign persons' investment or business activities in the United States ("inbound") and U.S. persons' direct or indirect investment or business activities in other countries ("outbound"). After an introductory overview, it addresses the taxation of inbound activities, covering, principally, the topics of residence, the source of income and deductions, the taxation of investment activities (including portfolio investment and real estate investment), and the taxation of U.S. business activities of foreign persons. The subsequent consideration of the taxation of outbound activities concentrates primarily on the foreign tax credit system, the 100% deduction for certain foreign-source dividends received by a U.S. corporation from a foreign corporation, and the various anti-deferral regimes (principally the rules for Subpart F income and global intangible low-taxed income ("GILTI")) that apply to certain U.S. shareholders of foreign corporations. Throughout, the course examines the relevant U.S. domestic law and treaty provisions. If class enrollment is more than 9 students but fewer than 21 students, the grade for the course will be based 50 percent on a final examination and 50 percent on a tax policy paper, and the curve will not apply. If class enrollment is under 10 students, the grade will be based entirely on a final examination and the curve will not apply. Prerequisite: Federal Income Tax
Required Textbooks:
(1) Robert J. Peroni, Karen Brown & J. Clifton Fleming, Jr., Taxation of International Transactions: Materials, Text, and Problems (5th ed. 2021) —will be published in early to mid July 2021—new edition must be ordered
(2) International Income Taxation—Code & Regulations—Selected Sections, Robert J. Peroni, Coordinating Editor (Wolters Kluwer/CCH 2021-2022 ed.)—will be published in early to mid July 2021—new edition must be ordered
Recommended Textbooks (Optional);
(1) Mindy Herzfeld, International Taxation in a Nutshell (12th ed. 2020)—ISBN 978-1-68467-346-9
(2) Joseph Isenbergh & Bret Wells, International Taxation (West Academic/Foundation Press 4th ed. 2020) (Concepts and Insights Series)—ISBN 9781684673636
Internship: Federal Public Defender
- S. Klein
- H. Aldredge
Course Information
- Course ID:
- 297P
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
This internship program offers students the opportunity to apply for “for-credit” internship positions with the Austin Federal Public Defender’s Office. Information on the Federal Public Defender Office is available at: http://txw.fd.org/austin. Your supervisory attorney will be Supervisory Assistant Federal Public Defender Horatio R. Aldredge, 504 Lavaca St., Suite 960, Austin, TX 78701-2860. While the internship requires a 10 hour per week commitment, not all of those hours need to be done at the Fed. Public Defender’s office - many can be done at U.T.
Students earn 4 credits (pass/fail) over two semesters (2 credits per semester) – offered Fall and Spring every year. Students must commit to a full academic year of internship study. Students are encouraged to enroll in the Fall 2021 Adv. Fed. Crim. Prosecution and Defense seminar, co-taught by Professors Klein and Remis, and to take a 3-unit Federal Criminal Law course taught by Prof. Susan Klein in Spring of 2022, but these course are not required.
Students interested in the internship for the 2021-2022 academic year should visit with Prof. Susan Klein, at (512) 203-2257, or sklein@law.utexas.edu. Better yet, come to my office hours on Wednesdays from 3 – 4. You can get the link to that from my assistant Nick Charlsworth, at (512) 232 2992, or ncharlesworth@law.utexas.edu. Alternatively, you may call Prof. Aldredge at (512) 916-5025, or send him an e-mail at horatio_aldredgefd.org.
The application deadline for the next academic year is Feb. 12th, 2021. Though students will know whether or not they are admitted before fall registration, unique registration number for the fall 2021 internship will not be available until April 15, 2021.
Course Information
- Course ID:
- 497P
- Experiential learning credit:
- 4 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
Please review the course information on the internship website. This clinical internship focuses on lawyering for the public in government settings. 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. Placement supervisors are experienced attorneys who broadly expose students to the legal activities of their offices, oversee varied and demanding assignments, and provide regular feedback on student performance. The instructor consults with students about possible government placements, and each placement must be approved by the instructor prior to registration. Students are required to work at least 150 hours at their internships, and students may not receive a salary 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. 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)
Course Information
- Course ID:
- 297P
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
No scheduled meeting time.
Internship – APPLICATION REQUIRED. Contact the instructor to discuss applying for this internship. Students must register for both International Internship courses (one for 8 credits and one for 2 credits – for a total of 10 credits).
This clinical internship gives students the opportunity to work full-time with specialized courts, government institutions, and nongovernmental organizations outside the U.S. Field placements involve work on international law-related matters and are often focused on human rights. Interns immerse themselves in practice, developing their professional skills and studying the role of international lawyers and legal institutions. The course addresses topics relevant to public service lawyering in international settings, including professionalism, ethics, advocacy, access to justice, the legal profession, and the intersection of law and policy.
Remote work is not permitted - the student and the supervising attorney must both work in-person at the placement office to be eligible for this internship. 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 placement and supervisor must be approved by the instructor prior to registration. Students must intern for at least 500 hours and may not receive a salary for their internship work. Students are required 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/international-internship) and then email the instructor (Eden Harrington, eharrington@law.utexas.edu) to arrange a time to discuss possible placements and the course.
Course Information
- Course ID:
- 897P
- Experiential learning credit:
- 8 hours
Registration Information
- Upperclass-only elective
Description
No scheduled meeting time.
Internship – APPLICATION REQUIRED. Contact the instructor to discuss applying for this internship. Students must register for both International Internship courses (one for 8 credits and one for 2 credits – for a total of 10 credits).
This clinical internship gives students the opportunity to work full-time with specialized courts, government institutions, and nongovernmental organizations outside the U.S. Field placements involve work on international law-related matters and are often focused on human rights. Interns immerse themselves in practice, developing their professional skills and studying the role of international lawyers and legal institutions. The course addresses topics relevant to public service lawyering in international settings, including professionalism, ethics, advocacy, access to justice, the legal profession, and the intersection of law and policy.
Remote work is not permitted - the student and the supervising attorney must both work in-person at the placement office to be eligible for this internship. 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 placement and supervisor must be approved by the instructor prior to registration. Students must intern for at least 500 hours and may not receive a salary for their internship work. Students are required 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/international-internship) and then email the instructor (Eden Harrington, eharrington@law.utexas.edu) to arrange a time to discuss possible placements and the course.
Course Information
- Course ID:
- 197P
- Experiential learning credit:
- 1 hour
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
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, 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 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 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. 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.
Course Information
- Course ID:
- 497P
- Experiential learning credit:
- 4 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
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 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. 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.
Internship: Nonprofit
- MON 1:15 – 2:05 pm TNH 3.124
- MON 2:15 – 2:45 pm TNH 2.123
Course Information
- Course ID:
- 497P
- Experiential learning credit:
- 4 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
The nonprofit internship course has two components: (1) a seminar and (2) an internship with a nonprofit organization that involves delivering legal services and performing other law-related tasks under the supervision of an experienced lawyer employed by the organization.
In their internships, students will develop lawyering skills they identify as being important to their current stage of professional development. Placement supervisors are experienced attorneys who broadly expose students to the legal 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 seminar component of the program is designed to enhance the educational experience of students by giving them the opportunity to reflect on their internship experiences and to understand the broader landscape of nonprofit lawyering in which their internship is situated. Through the seminar, students will deepen their understanding of public interest lawyering, strategic development in nonprofit legal organizations, ethical issues that confront public interest lawyers, and the role of lawyers in increasing access to justice and in social change movements.
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 and who have not previously enrolled in the nonprofit internship course. Before submitting an application to the instructor, a student must first apply for and obtain a nonprofit internship based in Austin. The instructor is available to consult with students about possible nonprofit placements, and some organizations post internship placements on Symplicity. Each placement 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 in time to attend the first class meeting.
Additional course information and the course application are available at: https://law.utexas.edu/internships/nonprofit-internship.
Internship: Prosecution
- R. Kepple
- J. Sylestine
- WED 5:45 – 7:35 pm TNH 3.140
Course Information
- Course ID:
- 597P
- Experiential learning credit:
- 5 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
This course will be taught in person but with the option of remote participation via Zoom.
APPLICATION REQUIRED. Instructors: Robert Kepple and Jeremy Sylestine 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 classroom component and participation in the 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 half of their required credit hours toward graduation or who have completed 43 credit hours and who would be eligible to appear in court for the State under the supervision of a licensed prosecutor. It is strongly 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 or to the Special Victims Unit in the district attorney’s office, and will be supervised by prosecutors assigned to the court and the Division. 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 work 150 hours in the office to receive credit for the internship. Each student will arrange a mutually convenient work schedule with their supervising attorney. Students may not receive compensation for their internship.
Course Information
- Course ID:
- 297P
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
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).
This clinical internship gives students the opportunity to work full-time in government, nonprofit and legislative offices located outside of the Austin area. Interns 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.
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. Remote work is not permitted - both the student and the supervior must work in-person at the placement office to be eligible for this internship.
Students are required to intern for 500 hours and may not receive a salary for their internship work. 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 possible placements and the course.
Course Information
- Course ID:
- 897P
- Experiential learning credit:
- 8 hours
Registration Information
- Upperclass-only elective
Description
This course will be taught entirely online via Zoom.
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).
This clinical internship gives students the opportunity to work full-time in government, nonprofit and legislative offices located outside of the Austin area. Interns 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.
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. Remote work is not permitted - both the student and the supervior must work in-person at the placement office to be eligible for this internship.
Students are required to intern for 550 hours and may not receive a salary for their internship work. 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 possible placements and the course.
Internship: U.S. Attorney
- S. Klein
- M. Harding
Course Information
- Course ID:
- 297P
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
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 required four-credit internship to be completed over both long semesters.
Students are encouraged to enroll in the Fall three-unit Advanced Federal Criminal Prosecution seminar. This seminar, taught by Professors Susan R. Klein and Aleza Remis, will meet one afternoon per week. The seminar will address the duties of federal criminal prosecutors and defenders, including grand jury procedure, drafting indictments, calculating sentences under the Federal Sentencing Guidelines, designing undercover operations, offering immunity, responding to evidentiary and discovery motions, requesting bail, and entering plea and cooperation agreement negotiations. Students may also be interested in 3-unit Federal Criminal Law, a course taught by Prof. Susan Klein in Spring of 2021. Neither course is required.
The internship component requires a commitment to work 10 hours per week for two consecutive semesters at the U.S. Attorney's Office 903 San Jacinto Blvd., Suite 334 Austin, Texas 78701. You will assist in the prosecution of federal criminal cases under the supervision of Matt Harding, Dan Guess, and other Assistant U.S. Attorneys. Students will receive two credits "pass-fail" for the internship for each semester, for a total of four units.
The application deadline for the next academic year is Feb. 12, 2021.
Information on the U.S. Attorney’s Office is available at: www.usdoj.gov/usao/txw/.
Intro to Contemporary Criminal Justice Issues Through Law and Film
- R. Schonemann
- C. Roberts
- K. Dyer
- T. Posel
- MON 2:15 – 3:05 pm TNH 2.137
Course Information
- Course ID:
- 196W
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
No description text available.Introduction to Real Estate Law and Practice
- TUE, THU 4:15 – 5:30 pm TNH 2.123
Course Information
- Course ID:
- 385T
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 331K, Real Estate Transactions.
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 a traditional textbook supplemented by materials supplied by the professor in PDF format. There are no formal prerequisites.
Jurisdiction & Judgments
- MON, TUE, WED, THU 9:10 – 10:00 am TNH 3.142
Course Information
- Course ID:
- 281D
- Short course:
- 8/25/21 — 10/13/21
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 279M, Topic: Juridiction & Judgments.
This 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 parts: (1) territorial jurisdiction (and related doctrines), (2) choice of law, and (3) recognition and enforcement of foreign judgments. This short course, Jurisdiction and Judgments, focuses on territorial jurisdiction, forum non conveniens, forum selection clauses, and the recognition and enforcement of foreign judgments.
Land-Use Regulation
- TUE, THU 2:15 – 3:30 pm JON 5.206/7
Course Information
- Course ID:
- 391C
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
- Will use floating mean GPA if applicable
Description
Same as LAW 365M, Land-Use Regulation.
This course will cover the traditional areas of platting and zoning, and will also consider the roles of utility supply, transportation, federal and local environmental law and the offer of public financial assistance as incentives or disincentives to developments or the location of developments. The course will be a three credit hour course and will meet on Tuesday and Thursday afternoons. Traditional textbooks available in this area are of minimal help or are obsolete. We will discuss the use of a textbook and if students desire, we may include materials from a textbook, but in any case the majority of course materials will be a collection of materials written or edited by the teacher to be sent out in PDF from the professor to the students (free!). Class sessions will include visits by lawyers, public officials and others involved in development issues, with informal meetings with the speakers over beer to follow if that can be scheduled.
Law and Economics of Capital Markets and Financial Intermediation
- TUE, THU 2:00 – 3:30 pm RRH 5.408
Course Information
- Course ID:
- 392H-2
- Cross-listed with:
- Business, Government, And Society
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 379M, Topic: Capital Markets and Financial Intermediation.
This course uses economic analysis to understand the institutional workings of the securities and investment business and its legal regulation (especially recent developments therein). The main focus of this course is on securities intermediaries -- those who trade, facilitate trade, or manage investments on account of others -- as opposed to primary offerings (which are covered in a typical Securities Regulation class). Topics include securities trading and market regulation, banking and shadow banking, securitizations and asset-backed securities, broker-dealer duties and conflicts, and investment advisers and investment company regulation. The course utilizes a case study approach, with examples drawn from recent events. The class will be a combination of lecture, class discussion, and student group presentations. The goal of the course is to ensure that students have a good economic understanding of how and why the law applies to them once they are (or are representing) investment bankers, traders, or investment advisers.
Course Information
- Course ID:
- 196V
- Short course:
- 8/26/21 — 10/7/21
Registration Information
- Upperclass-only elective
Description
Same as LAW 179P, Law of Music Festivals.
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.
Legal Analysis and Communication
- MON 9:10 – 10:17 am TNH 3.125
- THU 11:50 am – 12:57 pm TNH 3.125
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- N. Robbi
- MON 9:10 – 10:17 am TNH 2.123
- THU 11:50 am – 12:57 pm TNH 2.123
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- THU 9:10 – 10:17 am TNH 2.138
- FRI 11:50 am – 12:57 pm TNH 2.138
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- THU 9:10 – 10:17 am TNH 3.127
- FRI 11:50 am – 12:57 pm TNH 3.127
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- MON, THU 10:30 – 11:37 am TNH 3.125
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- N. Robbi
- MON, THU 10:30 – 11:37 am TNH 3.126
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- THU, FRI 10:30 – 11:37 am TNH 2.138
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- THU, FRI 10:30 – 11:37 am TNH 3.127
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- MON 11:45 am – 12:52 pm TNH 2.124
- WED 1:00 – 2:07 pm TNH 2.124
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- MON 11:50 am – 12:57 pm TNH 3.126
- WED 1:00 – 2:07 pm TNH 3.126
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- E. Youngdale
- TUE, FRI 11:50 am – 12:57 pm TNH 3.125
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- TUE, FRI 11:50 am – 12:57 pm TNH 3.126
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- MON 1:00 – 2:07 pm TNH 2.124
- WED 11:45 am – 12:52 pm TNH 2.124
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- MON 1:10 – 2:17 pm TNH 3.126
- WED 11:40 am – 12:47 pm TNH 3.126
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- E. Youngdale
- TUE 2:15 – 3:22 pm TNH 3.125
- FRI 10:30 – 11:37 am TNH 3.125
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- TUE 2:15 – 3:22 pm TNH 3.126
- FRI 10:30 – 11:37 am TNH 3.126
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.
Legal Analysis and Communication
- MON, WED 1:00 – 2:07 pm TNH 3.125
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
No description text available.Legal Analysis and Communication
- MON 10:20 – 11:27 am JON 5.206/7
- WED 10:20 – 11:27 am TNH 3.126
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
No description text available.Legal Analysis and Communication
- MON 2:20 – 3:27 pm TNH 2.124
- FRI 11:50 am – 12:57 pm TNH 2.124
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
No description text available.Legal Analysis and Communication
- MON 3:35 – 4:42 pm TNH 2.124
- FRI 10:30 – 11:37 am TNH 2.124
Course Information
- Course ID:
- 332R
- Experiential learning credit:
- 3 hours
Registration Information
- 1L-only required
Description
No description text available.Course Information
- Course ID:
- 195S
- Short course:
- 8/26/21 — 10/7/21
Registration Information
- LLM degree course only
Description
Same as LAW 179P, Legal English.
Legal English is a course restricted to LL.M. students. The course will cover oral Legal English in conjunction with the Legal Research and Writing for Foreign Lawyers course. Concurrent registration is required in Legal Research and Writing for Foreign Lawyers, 29675.
Legal Research and Writing for Foreign Lawyers
- FRI 9:45 – 11:53 am TNH 2.137
Course Information
- Course ID:
- 295Q
- Short course:
- 9/10/21 — 11/19/21
Registration Information
- LLM degree course only
Description
Same as LAW 279M, Topic: Legal Research and Writing for Foreign Lawyers.
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 XIII Sec. 8(a)(7)(B).
Graded pass/fail.
Restricted to LL.M. students who do not have a U.S. J.D. degree.
Legal Research, Advanced
- FRI 10:30 am – 12:20 pm TNH 3.142
Course Information
- Course ID:
- 184V-4
- Experiential learning credit:
- 1 hour
- Short course:
- 8/27/21 — 10/8/21
Registration Information
- Upperclass-only elective
Description
Same as LAW 132C, Legal Research, Advanced.
Prerequisite: Legal Research & Legal Writing
This course is restricted to upper division students who have completed the first year, two semester, Legal Research and Legal Writing course or who otherwise obtain the permission of the instructor. 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 online tools with 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 incorporated throughout 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.
Legal Research, Advanced: Corporations/Securities
- MON 10:30 am – 12:20 pm JON 3.222
Course Information
- Course ID:
- 184V-3
- Experiential learning credit:
- 1 hour
- Short course:
- 8/30/21 — 10/18/21
Registration Information
- Upperclass-only elective
Description
Same as LAW 132C, Legal Research, Advanced: Corporations/Securities.
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.
Legal Research, Advanced: Foreign and International Law
- TUE 3:45 – 5:35 pm JON 3.222
Course Information
- Course ID:
- 184V-1
- Experiential learning credit:
- 1 hour
- Short course:
- 8/31/21 — 10/12/21
Registration Information
- Upperclass-only elective
Description
Same as LAW 132C, Legal Research, Advanced: Foreign and International Law.
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.
Legal Research, Advanced: Texas Law
- THU 10:30 am – 12:20 pm JON 3.222
Course Information
- Course ID:
- 184V-2
- Experiential learning credit:
- 1 hour
- Short course:
- 8/26/21 — 10/7/21
Registration Information
- Upperclass-only elective
Description
Same as LAW 132C, Legal Research, Advanced: Texas Law.
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.
Legal Writing, Advanced: Litigation
- THU 10:30 am – 12:20 pm TNH 2.124
Course Information
- Course ID:
- 284W-2
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
Same as LAW 232D, Legal Writing, Advanced: Litigation.
Advanced Legal Writing: Litigation is a two-credit, pass-fail course. The course covers documents typically drafted during litigation, including pleadings, discovery requests, motions, and letters. Students will draft a variety of litigation documents and will critique documents drafted by others.
Legal Writing, Advanced: Litigation
- FRI 10:30 am – 12:20 pm TNH 3.124
Course Information
- Course ID:
- 284W-2
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
Same as LAW 232D, Legal Writing, Advanced: Litigation.
Advanced Legal Writing: Litigation is a two-credit, pass-fail course. The course covers documents typically drafted during litigation, including pleadings, discovery requests, motions, and letters. Students will draft a variety of litigation documents and critique documents drafted by others.
Legal Writing, Advanced: TQ
- WED 3:45 – 5:35 pm TNH 3.124
Course Information
- Course ID:
- 284W-5
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
This course focuses on analytical legal writing. Students will practice the skills of evaluating and critiquing written legal analysis and will receive intensive instructor feedback on their critiquing. Two credits, pass-fail. Enrollment is restricted to Teaching Quizmasters.
Legal Writing, Advanced: Transactional Drafting
- WED 3:45 – 5:35 pm TNH 2.124
Course Information
- Course ID:
- 284W-4
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
Same as LAW 232D, Legal Writing, Advanced: Transactional Drafting.
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.
Legal Writing, Advanced: Transactional Drafting
- WED 3:45 – 5:35 pm TNH 3.126
Course Information
- Course ID:
- 284W-4
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
Same as LAW 232D, Legal Writing, Advanced: Transactional Drafting.
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.
Legal Writing, Advanced: Writing for Business Clients
- TUE 10:30 am – 12:20 pm ONLINE
Course Information
- Course ID:
- 284W-7
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
Same as LAW 232D, Legal Writing, Advanced: Writing for Business Clients. This class will be taught online via Zoom.
Course Description Writing for Practice aka Yes, you can practice law in simple American English Among the major problems encountered by young lawyers as they enter practice is the transition from writing like a student to writing like a lawyer. This course is designed to make that transition easier by working on the differences between the two styles. This is not a litigation course. We will not be writing briefs, motions, etc. and very little research will be required. Some case reading and analysis will be required but you won’t have to find the cases; I’ll tell you which they are. My goal is to show you how to write for clients, which is very different from writing for teachers or professors. Accordingly, most of your work product will be client communication in one form or another. During the semester, we’ll work on a simple editing exercise, attempting to convert a poorly written letter to something that a client can understand and apply. We’ll look at a simple escrow agreement in connection with a real estate sale and explain to our client what’s wrong with it, and then move into a complicated business transaction involving taking a public company private and hiring its CEO as CEO of the private company. That involves a “how to” letter to the client, a term sheet for the CEO’s agreement and eventually a draft of the employment agreement with a memo to the client describing the agreement’s open questions and some of the choices that the client has to make to finalize the agreement. The emphasis throughout the course is not on preparing business documents – there are other courses for that – it’s on how to explain those documents to the client in a way that is as clear, concise and simple as can be accomplished.
Legal Writing, Advanced: Writing for Business Clients
- THU 10:30 am – 12:20 pm ONLINE
Course Information
- Course ID:
- 284W-7
- Experiential learning credit:
- 2 hours
Registration Information
- Upperclass-only elective
Description
Same as LAW 232D, Legal Writing, Advanced: Writing for Business Clients. This class will be taught online via Zoom.
Course Description Writing for Practice aka Yes, you can practice law in simple American English Among the major problems encountered by young lawyers as they enter practice is the transition from writing like a student to writing like a lawyer. This course is designed to make that transition easier by working on the differences between the two styles. This is not a litigation course. We will not be writing briefs, motions, etc. and very little research will be required. Some case reading and analysis will be required but you won’t have to find the cases; I’ll tell you which they are. My goal is to show you how to write for clients, which is very different from writing for teachers or professors. Accordingly, most of your work product will be client communication in one form or another. During the semester, we’ll work on a simple editing exercise, attempting to convert a poorly written letter to something that a client can understand and apply. We’ll look at a simple escrow agreement in connection with a real estate sale and explain to our client what’s wrong with it, and then move into a complicated business transaction involving taking a public company private and hiring its CEO as CEO of the private company. That involves a “how to” letter to the client, a term sheet for the CEO’s agreement and eventually a draft of the employment agreement with a memo to the client describing the agreement’s open questions and some of the choices that the client has to make to finalize the agreement. The emphasis throughout the course is not on preparing business documents – there are other courses for that – it’s on how to explain those documents to the client in a way that is as clear, concise and simple as can be accomplished.
Legislative Drafting for Public Policy
- TUE 9:05 – 10:20 am TNH 3.126
- THU 9:05 – 10:20 am JON 5.206/7
Course Information
- Course ID:
- 396W
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 379M, Topic: Legislative Drafting for Public Policy.
Statutory law plays a central role in the modern regulatory state—but it must first be written before it can perform this role. This seminar explores the interpretation and application of statutes, and their effect on the systemic implementation of societal change, through the problem-solving art of legislative drafting. We will first consider fundamental concepts necessary for successful legislative drafting including, among others, the functions of statutes; implementation concerns and solutions; and executive and judicial encroachments on legislative powers and responses. We will then examine public policy problems through in-class exercises related to the drafting, consideration, and adoption of legislation. Using the context of a state legislative committee's consideration of legislation (with students assuming the role of legislators), students will debate, amend, and vote on legislation on topics of interest to the class. Each student will prepare a proposed law or constitutional amendment and an accompanying legislative memorandum of law; students will also draft amendments, other proposed language, and riders as legislation is debated in class. Students also will have the opportunity to strengthen their oral advocacy skills through the in-class legislative debate. This course is ideal for those looking to practice law in a legislative, administrative, or regulatory environment.
Course Information
- Course ID:
- 381S
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
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 textbooks, participate in negotiation and mediation role plays, complete 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.
Course Information
- Course ID:
- 396W
- Cross-listed with:
- Social Work
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 379M, Topic: Mitigation Matters. This class will be taught online via Zoom.
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:
- 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.
- Understand legal frameworks for the presentation and consideration of mitigation evidence.
- 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.
- Discuss and work through ethical issues that arise in capital and noncapital cases.
- Demonstrate how to incorporate multimedia strategies and tools to present the most compelling mitigation presentation in a given case.
- Encourage creativity and interdisciplinary conceptualization of overarching themes and stories that arise in capital and noncapital cases.
- Critically examine the context of systemic and structural oppression and other relevant social justice issues on the micro, mezzo, and macro level.
Course Information
- Course ID:
- 381J
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 346K, Negotiation.
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
- M. Schless
- MON 3:45 – 6:35 pm TNH 3.127
Course Information
- Course ID:
- 381J
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as Law 346K, Negotiation.
Instructor: Michael J. Schless (http://www.schlessadr.com/) Whether litigating civil or criminal cases, focusing on transactional work, or not even engaging in the practice of law per se, it is likely that the professional life of any law school graduate will include negotiating on a regular and frequent basis. An intuitive sense and engaging personality are examples of innate skills that can enhance a negotiator’s effectiveness and probably cannot be effectively taught. But basic negotiating skills can be taught and ought to be part of the law school curriculum and every law student’s experience. This course is intended to provide an introduction to negotiation theory and practice. We will discuss and practice negotiation structure, strategy, skills, styles, agreement writing, and ethics. We will also examine psychological, cultural, racial and gender 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), based upon both hypothetical and actual case studies and reviewed in class, and 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 meet as a full class only once a week, regular attendance is expected. There will be no exams. Grades will be determined by performance on the negotiating problems, agreement writing, journal entries, other writing exercises, and participation in class discussions.
Negotiation
- M. Schless
- TUE 3:45 – 6:35 pm TNH 3.127
Course Information
- Course ID:
- 381J
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as Law 346K, Negotiation.
Instructor: Michael J. Schless (http://www.schlessadr.com/) Whether litigating civil or criminal cases, focusing on transactional work, or not even engaging in the practice of law per se, it is likely that the professional life of any law school graduate will include negotiating on a regular and frequent basis. An intuitive sense and engaging personality are examples of innate skills that can enhance a negotiator’s effectiveness and probably cannot be effectively taught. But basic negotiating skills can be taught and ought to be part of the law school curriculum and every law student’s experience. This course is intended to provide an introduction to negotiation theory and practice. We will discuss and practice negotiation structure, strategy, skills, styles, agreement writing, and ethics. We will also examine psychological, cultural, racial and gender 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), based upon both hypothetical and actual case studies and reviewed in class, and 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 meet as a full class only once a week, regular attendance is expected. There will be no exams. Grades will be determined by performance on the negotiating problems, agreement writing, journal entries, other writing exercises, and participation in class discussions.
Course Information
- Course ID:
- 381J
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 346K, Negotiation.
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.
In addition to the once a week, three-hour class, exercises will occasionally be done between class sessions; hence, flexibility is an unavoidable requirement of being in this class. One exercise will be completed over a seven day period, and another will be completed over a ten day period. Therefore, IT IS REQUIRED THAT YOU BE IN AUSTIN THE WEEKENDS OF SEPTEMBER 12-13 and OCTOBER 31-NOVEMBER 1 to work with your negotiating partners to satisfy the requirements of the course.
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 negotiation problems should enroll for this course. ENROLLMENT IS LIMITED TO 16 STUDENTS.
BASED ON PRIOR HISTORY, ENROLLED STUDENTS MAY DROP THIS COURSE AFTER THE FIRST CLASS MEETING. INTERESTED STUDENTS WHO ARE NOT ABLE TO REGISTER FOR THE CLASS SHOULD EMAIL THE PROFESSOR TO GET ON THE WAITING LIST AND ALSO APPEAR AT THE FIRST CLASS. VACANT SLOTS WILL BE FILLED FROM THOSE IN ATTENDANCE BASED ON THE WAIT LIST. STUDENTS WILL NOT BE ALLOWED TO DROP THE CLASS AFTER THE BEGINNING OF THE FIRST CLASS.
Course Information
- Course ID:
- 381J
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
- Will use floating mean GPA if applicable
Description
Same as LAW 346K, Negotiation.
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. The class is structured to include both classroom presentation and practical exercises.
Course Information
- Course ID:
- 381J
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
- Will use floating mean GPA if applicable
Description
Same as LAW 346K, Negotiation.
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. The class is structured to include both classroom presentation and practical exercises.
Course Information
- Course ID:
- 381J
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 346K, Negotiation.
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.
Course Information
- Course ID:
- 396W
- Cross-listed with:
- Management
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 379M, New Venture Creation. This is a Business School course, cross-listed with the Law School.
My goal for each student taking this class is to teach you as much about the new venture creation process as possible. Regardless of the line of work you pursue after earning your master’s degree, your ability to approach a business problem using an entrepreneurial skill set will always be valuable and differentiate you from your peers. What frequently is the deciding factor for financing a venture, whether inside a large company or in the private equity markets, is the entrepreneur’s ability to articulate what the business is about, why it will succeed and ultimately how it will produce enough of a profit to give investors a return on their investment. Your ability to do this has very little to do with the actual writing of the business plan. The best business plans and presentations are the documentation of well thought-out and thorough market validation, business model development and financial projections passionately communicated and firmly grounded in facts. By performing these functions effectively, the writing and presenting of the business plan becomes a straight-forward, objective process. This class is designed to give you the hands-on experience of developing all of these skills while producing a viable plan for a new venture. I strongly encourage you to think of this as an opportunity to develop a business plan for a venture you will likely pursue at some point in your career. The format of this class will cover each of the major components you need to develop a viable business and review real business plans and presentations from previous Venture Labs Investment Competitions (formerly Moot Corp®) using case based analysis. This will give you the theory and the practical application of the theory in a real world environment. This course can only be taken for a grade.
Oil and Gas
- MON, WED 11:50 am – 1:05 pm TNH 2.123
Course Information
- Course ID:
- 390
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
The course is focused on domestic onshore oil and gas law, including common property interests created in oil and gas and in the land from which they are produced. 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 federal environmental regulation.
Evaluation of student performance, depending on class size, either will consist of a final examination (including essay questions or a combination of essay and short-answer questions) plus attendance and class participation credit; or, it will consist of several assigned papers plus attendance and class participation credit.
Course Information
- Course ID:
- 296V
Registration Information
- Upperclass-only elective
Description
The objective of the class is to give students a hands on experience of the major issues in patent cases that are joined between case filing and pre-trial. Students will take briefing from actual motions that either are or have been 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. Magistrate judges who handle discovery motions will be invited to handle one or two of the classes to expose the students to a wider variety of federal judges. Additionally, patent trial lawyers who are friends of the Court 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 law school, in the Austin federal courthouse, and by ZOOM. Accordingly, students should expect some non-standard meeting times and locations. 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.
Standard motions in patent cases that students should prepare to undertake are:
- Motion to dismiss (a) 12(b)(6) or under Section 101
- Motion to transfer either from Waco to Austin or from the WDTX to another district
- Markman hearing to construe claim terms
- Discovery motions
- Motion for summary judgment
- Daubert motion
- Motion in limine
Patent Law
- MON, WED 2:15 – 3:30 pm JON 5.206/7
Course Information
- Course ID:
- 386U
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 450L, Patent Law.
This course covers the foundational legal doctrines of U.S. Patent Law and highlights the relationship of patent law to other areas of intellectual property law (e.g., copyright, trade secrets). The course is not geared toward preparation for the patent bar exam, but instead focuses on the principles of patent law, important litigation and patent drafting strategies, and the rapidly evolving case law in this area. There are no prerequisites for this course, and no technical background is required.
Policymaking and Leadership: From the Battlefield to the SITROOM
- MON, TUE, WED, THU, FRI 5:30 – 8:30 pm SRH 3.124
Course Information
- Course ID:
- 389V
- Short course:
- 10/18/21 — 11/12/21
- Cross-listed with:
- Public Affairs
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 371V, Policymaking and Leadership: From the Battlefield to the SITROOM. This is an LBJ School course, cross-listed with the Law School. Meets Oct 18-22, Oct 25-29, Nov 9-12.
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, what to do about Russian aggression in an allied country, how to address China’s build-up in the South China Sea, whether to conduct a large scale missile strike or a special operations raid 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.
During the course you will develop an understanding of the following:
- The roles and responsibilities of the national security policy makers.
- Current threats facing the United States.
- How to develop options for dealing with these threats.
- How to make decisions in a complex, high risk, high threat environment.
- The impact of your decisions on international and domestic policy.
- The fundamentals of leadership under pressure.
- Briefing techniques used in the White House Situation Room and the Pentagon Tank.
Through the two-week seminar we will have several guest speakers either in person or by videoconference that have extensive experience in policy making and can provide a further understanding of the complex nature of the process.In addition to the weekly scenario discussions, the class will also discuss the role of leadership; from small teams to large highly complex organizations.
Student Assessment
There will be five short briefing papers on contemporary geopolitical threats that must be read prior to the start of class.Student assessment will be based on classroom participation (60%), a two-page policy paper (20%) and a team paper/briefing (20%).
Professional Responsibility
- F. McCown
- TUE, WED, THU 9:10 – 10:00 am ONLINE
Course Information
- Course ID:
- 385
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
This class will be taught online via Zoom.
Professional Responsibility is about the law that governs lawyers. We will explore the relationship between lawyers and clients; the protection of client confidences;representing organizational clients; conflicts of interest; duties to courts; and duties to adversaries and third persons. We will also discuss the provision of legal services and the evolving business of law. The course fulfills the professional responsibility requirement for graduation and helps you prepare for the Multistate Professional Responsibility Examination (MPRE).
Professional Responsibility
- MON, WED 11:50 am – 1:05 pm TNH 2.137
Course Information
- Course ID:
- 385
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
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 consisting of multiple choice questions and short essay questions. This course fulfills the Professional Responsibility requirement for graduation.
Professional Responsibility
- F. McCown
- TUE, WED, THU 1:15 – 2:05 pm ONLINE
Course Information
- Course ID:
- 385
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will use floating mean GPA if applicable
Description
This class will be taught online via Zoom.
Professional Responsibility is about the law that governs lawyers. We will explore the relationship between lawyers and clients; the protection of client confidences;representing organizational clients; conflicts of interest; duties to courts; and duties to adversaries and third persons. We will also discuss the provision of legal services and the evolving business of law. The course fulfills the professional responsibility requirement for graduation and helps you prepare for the Multistate Professional Responsibility Examination (MPRE).
Property
- MON, WED, THU 10:30 – 11:37 am TNH 2.114
Course Information
- Course ID:
- 431
Registration Information
- 1L-only required
Description
A survey of interests in real and personal property interests recognzed by our legal system: estates in land and future interests, cotenancies, community propery, landlord and tenant issues, conveyancing, real estate contracts, and private and public control of land use--restrictive covenants and zoning regilations.
Property
- MON, WED 10:20 – 11:27 am TNH 2.140
- TUE, THU 9:00 – 10:07 am TNH 2.140
Course Information
- Course ID:
- 531
Registration Information
- 1L-only required
Description
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.
Property
- MON, WED 9:00 – 10:07 am TNH 2.140
- TUE, THU 10:20 – 11:27 am TNH 2.140
Course Information
- Course ID:
- 531
Registration Information
- 1L-only required
Description
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.
Property
- MON, TUE, WED, THU 10:30 – 11:20 am TNH 3.124
Course Information
- Course ID:
- 531
Registration Information
- 1L-only required
Description
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.
Public International Law
- TUE, THU 11:50 am – 1:05 pm TNH 2.140
Course Information
- Course ID:
- 382G
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
This course provides a basic introduction to public international law. It will survey the basic principles of international law including: the sources of international law; the law and interpretation of treaties; the relationship between international and domestic law; and jurisdictional competencies. It will also examine a number of specific subjects including: the use of force; human rights; humanitarian law; international criminal law; and terrorism.
Race and the Law
- TUE 2:15 – 3:30 pm TNH 2.123
- THU 2:15 – 3:30 pm TNH 2.137
Course Information
- Course ID:
- 396W
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 379M, Race and the Law.
This course will examine historic and contemporary issues of race within American law and jurisprudence. We will scrutinize how law has been used at the state and federal level to maintain systems of oppression, perpetuate hierarchy and how it has also been used as a tool to remedy those injustices. Critical Race Theory will be the primary lens through which we analyze the assigned materials. Through this course, students will learn substantive principles dealing with race; study the growing body of legal scholarship known as Critical Race Theory; and examine the inherent potential (and limits) of law to be used for social change. Grades for the course will be based upon class participation, a group presentation and completion of a paper (20 page double-spaced pages, inclusive of footnotes). Students’ papers may examine any issue concerning race (citizenship, education, health care, housing, criminal justice, etc.) so long as a substantial focus of the paper is an examination of doctrinal, theoretical, and/or policy-based facets of a legal problem and corresponding solutions.
Reentry: Criminal Justice
- WED 3:35 – 5:25 pm JON 6.206
Course Information
- Course ID:
- 296W
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
- Will use floating mean GPA if applicable
Description
This seminar-style course offers students the opportunity to examine more closely one or more issues affecting reentry for individuals who have a criminal history. Intended for students with a particular interest in criminal justice policy, readings will come from a variety of sources, including case law, book chapters, policy reports, academic journals, and investigative accounts. Outside speakers covering the criminal justice spectrum will help ground classroom discussion in practice. Consistent attendance and active class participation, including introducing readings and formulating questions for speakers, is expected and will count toward the final grade. Areas of particular focus will include barriers to employment and housing, mental illness and behavioral health treatment, recidivism and public safety, pre-release reentry programming, and criminal background check practices. The course is open to LBJ graduate students.
Prerequisites: Students should possess a basic understanding of the criminal justice system and the role of reentry. Relevant experience could include enrollment in the Criminal Defense, Civil Rights, or Immigration Clinics, other coursework, or prior work or volunteer experience. Interested students must submit an email to the professor indicating their interest and relevant background, as well as a copy of their (unofficial) law school transcript. Contact the professor with any questions.
This course will meet weekly for the semester. Field trips and other extracurricular opportunities will be available as scheduling permits.
SMNR: Business/Regulatory Aspects of Health Law
- THU 4:15 – 6:05 pm TNH 3.115
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
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 contracutal disputes and tortious interference claims between hospitals and physicians and other health care providers.
SMNR: Changing American Schools
- N. Cantu
- TUE 3:45 – 5:35 pm TNH 3.125
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
This seminar focuses on the growing role of state and federal courts in improving the ability of schools to prepare students for college, the workforce and effective participation as citizens. Students will read court cases, published legal policies regarding education, and proposed legislation related to school reform. The first part of the seminar addresses the trend of increased litigation involving schools, with an emphasis on alternatives to litigation. The second part of the seminar examines the opportunities for lawyers to become personally involved in school reform, particularly in the making of national state and local educational policy. Lawyers as school counsel, school administrators, elected officials, volunteers, experts, and concerned parents all play an important role in improving schools. Students will be expected to write a thoughtful, well-researched legal paper on a contemporary legal problem that schools face. The students' problem-solving skills will be brought to bear on identifying in this paper whether the schools have been presented with real conflicts or perceived conflicts that are based on false choices. Not only is the student expected to carefully describe the legal issues, and apply pertinent legal and scholarly research, this seminar calls on the student to find the right balance between accountability and flexibility, equity and excellence, deference to educators and the court's duty to enforce the laws.
SMNR: Colloquium on Current Issues in Complex Litigation
- MON 3:45 – 5:35 pm JON 6.207/8
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This is a colloquium-style writing seminar on cutting-edge research and issues involving complex litigation. In most of the classes, we will host a workshop during which a leading scholar, typically from another University, will present a paper on which the speaker is currently working. Students are required to write short critiques of each of the speakers’ papers, and the critiques typically will be provided to the speaker. Students receive detailed comments from both professors on each paper.
SMNR: Comparative Judicial Politics
- TUE 3:30 – 6:30 pm BAT 1.104
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Government
Registration Information
- Upperclass-only elective
Description
This is a Government course, cross-listed with the Law School.
Courts around the world are becoming more powerful and more deeply involved in setting public policy, deciding important political and social questions, and constraining democratic politics. At the same time, those who should know – and care – the most about this phenomenon, including lawyers, politicians, and political scientists, often operate under mistaken premises concerning courts and law, how politics affects them and how they in turn affect politics. In this course we will try to dispel some of these misunderstandings. We will ask questions like the following: What is behind this global trend? What are courts doing with their newfound powers? When do courts and law have more important consequences for politics and for social change? Perhaps more importantly, is the “judicialization” of politics good, bad or indifferent? And good for whom?
The course examines the role that courts and law play in political systems around the world, including the United States. We begin with an examination of the basic logic of courts and law, and cover such topics as the differences across legal traditions, the creation of constitutional courts, the nature of judicial decision-making, judicial independence, the capacity of courts to produce social change, etc. The ultimate goal is to understand the conditions under which courts are or become consequential actors within the overall social and political system.
The course should be especially relevant to those with an interest in comparative law and legal systems, comparative judicial behavior, the role of courts in politics and social change, and the rule of law around the world. Given the course’s strong institutional focus, the course should also be relevant to those interested in comparative institutional analyses more generally. The readings will include materials on courts around the world, from the US and the rest of North America, to Latin America, Africa, the Middle East, Asia and Europe.
Writing Assignments:
For this course you will produce three kinds of written assignments. You will write two reaction papers, minimum of one or two pages, that react to the readings for a particular day, and provide questions to jump start the discussion. You will write one reflection paper of 5-7 pages on at least one of the conceptual or theoretical questions addressed in the course, that offers some original thinking on these issues, grounded in an understanding and critique of the literature we cover. Finally, you will write a paper of 25 to 35 pages on a topic of your choice that at least points in the direction of a conference/article quality piece of work. You will need to make some original claim in your paper, not just repeat and re-process what is already in the literature. Alternatively, you may write a thoughtful critical review of several recent pieces (say, three books) on a topic – for this, the standard will be theoretical and critical originality. A good critical review will still depend on reading more broadly than what we have on the syllabus, in order to bring all the relevant literature to bear.
SMNR: Constitutional Courts and High Politics
- R. Hirschl
- TUE 3:45 – 5:35 pm JON 6.206
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
Description
Constitutional courts and transnational tribunals worldwide have become a central forum for dealing with contentious political questions that define and divide entire nations. This seminar offers an opportunity for students to engage with cutting-edge research concerning this global trend—arguably one of the most significant developments in late-20th and early 21st century government. It combines the comparative study of landmark court rulings concerning key political matters with exploration of pertinent social science research concerning the global expansion of constitutionalism and judicial review, modes of constitutional reasoning and judicial decision-making, and political clashes over courts and judicial power. Among the issues covered are the engagement of constitutional courts and constitutional jurisprudence worldwide with democracy, elections and the political process; dilemmas of collective identity; ethno-nationalist populism and constitutional retrogression; secession and self-determination; religion and diversity; equality; economic and social rights; and restorative justice. Evaluation will be based on participation, a short integrative comment paper, and a final seminar paper.
SMNR: Corporations and the Constitution
- THU 2:15 – 4:05 pm TNH 3.125
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This writing seminar will examine the intersection of the law of business organizations with constitutional law (and public law more generally). We will explore the law and history of corporate personhood. How and why did a corporation become a constitutional person? We will consider the meaning of corporate personhood for speech, religious exercise, due process, and equal protection and discuss questions like: Can a corporation have a race or gender? When should organizations have rights under the Constitution? What significance should the corporate form have? We will interrogate contemporary decisions in cases like Citizens United v. Federal Election Commission and Burwell v. Hobby Lobby. Because business organizations collectively (and sometimes singly) hold immense power over resources, employees, and governmental policies, as we consider corporate rights we will also query whether business organizations should bear responsibilities. Readings will include judicial opinions, scholarly articles, legislation, and regulations. Students will be expected to participate actively in class discussions, to submit brief discussion questions, and to complete and present a research paper on any topic salient to the course.
SMNR: Credit Cards in Transition
- THU 2:15 – 4:05 pm ONLINE
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
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.
SMNR: Election Law and Policy
- MON 4:00 – 5:50 pm JON 6.206
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This seminar concerns the laws, policies and politics that define political participation rights in our American democracy and therefore influence the ability to build and exert power in our society. We explore these rights from a variety of vantage points, considering what our democracy means for individuals, communities and governmental actors and how those understandings have evolved over time. As much as possible, current political events and policy debates — particularly those impacting our Texas democracy — are used to challenge and dissect the legal principles and ideas we discuss. Particular focus is given to the communities who have been excluded from positions of power over the course of this country’s history, particularly Black Americans and other persons of color, immigrants, young Americans, and less wealthy Americans.
No background in politics or political science is required.
At the end of the course, you should have a strong baseline understanding of the constitutional and federal law that shapes election administration and political participation rights, and recognize how that law has evolved over time. You are also expected to hone your ability to critically analyze and deliver legal arguments through classroom discussion and debate. Finally, the essay assignments and your final paper are intended to sharpen your written communication skills, especially your ability to express novel ideas and persuade a reader of your position.
SMNR: Energy Law and Policy
- TUE 7:00 – 8:50 pm TNH 3.129
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This seminar on energy policy, transactions, litigation, and regulation will cover both conventional energy sources such as oil and gas as well as newer alternative sources such as wind, solar, and biofuels. This seminar will emphasize the practical application of common principles across energy boundaries.
SMNR: Environmental Impact of Energy Development and Production
- WED 3:45 – 5:35 pm TNH 3.127
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This three credit seminar course will focus on the environmental impacts and resulting legal issues arising from the exploration, development, production and transportation of energy sources. Students will first gain a general knowledge of the environmental impacts of nation wide energy production through a survey format. Topics will include environmental 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 relating to primary energy sources utilized in Texas. Included in this segment will be a 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 solid knowledge of the basic framework of State authority and the conflicts and interplay between State and Federal law. Students will then focus on environmental impacts of specific energy development projects from Texas and the Gulf Coast to gain a practical understanding of the legal and administrative processes involved in dealing with environmental consequences. Students will complete the semester by writing and presenting a seminar paper.
SMNR: Federal Criminal Law
- THU 4:15 – 6:05 pm JON 6.257
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This seminar will be taught by a former United States Attorney and sitting federal district judge, and will provide the opportunity to explore a variety of topics related to federal criminal law, of both perennial and current relevance. We will examine substantive and recurring issues related to the controlled substances act, public corruption, wire and mail fraud, firearms offenses, immigration crimes and conspiracy. In addition, we will discuss more pragmatic aspects of federal criminal practice such as grand juries, prosecutorial discretion, plea bargaining and sentencing. This seminar should be of potential interest both to students who have specific career goals in criminal law or federal judicial clerkships, as well as those who have a more general interest in this this dynamic and important area of the law.
Students will be expected to (a) participate actively in discussion of the topic of the day, (b) identify and engage in research on a topic of current relevance related to federal criminal law, (c) submit a research paper in compliance with the seminar writing requirement, and (d) share the results on their research via an informal class discussion. Research topics will be selected in consultation with the professor, who will assist in the development of an outline. Active student engagement is expected during each class, where questions and contributions will be an important part of the experience. Due to the importance of student participation and the limited number of meetings, strict attendance is expected.
SMNR: Federal Criminal Prosecution and Defense, Advanced
- THU 4:15 – 6:05 pm TNH 2.124
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
The waitlist for this course is administered by Professor Klein. Please email her directly to be placed on the list and include in the email a brief description of your experience in the criminal justice system.
This is a one-semester, three-unit seminar 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.
Students must have taken first-year criminal law before enrolling is this seminar. Criminal Procedure and Federal Criminal Law would be helpful, but are not required. 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.
SMNR: Food Safety Law
- THU 2:15 – 4:05 pm TNH 2.123
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
The seminar on Food Safety Law will explore evolving concepts of food safety as implemented through federal regulatory programs. During the first eight weeks, seminar participants will read and discuss books and articles on risk assessment and risk management generally and on three regulatory programs aimed at ensuring food safety. After an introductory session on concepts of risk assessment and risk management in the context of risks posed by infectious microorganisms and chemical contaminants in food, the seminar will focus upon the following regulatory programs: (1) the Department of Agriculture's food safety and inspection program for beef; (2) the Environmental Protection Agency's program for establishing pesticide tolerances in foods, with a particular focus upon the risks that pesticides pose to children; and (3) the Food and Drug Administration's program for ensuring food safety and approving food additives, with a particular focus on that agency's program for regulating genetically modified foods. During the remainder of the semester, seminar participants will present seminar papers on a wide variety of topics related to food safety. Participants may draw paper topics from a wide variety of subject matter areas, including federal regulatory programs, state regulatory programs, and tort law.
SMNR: Higher Education and the Law
- MON 3:45 – 5:35 pm TNH 3.114
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This seminar will address topics in higher education law. Students will do original research on a subject chosen in consultation with the instructor, write a paper of 25-40 pages, receive reactions to their papers, and submit a revised paper at the end of the semester. Initial classes will review background readings. Subsequent seminar sessions will consist largely of student presentations of their ongoing research and discussion of that research by the entire class. Students may take both the course and the seminar.
SMNR: Inequality, Labor, and Human Rights: The Future of Work in the Age of Pandemic
- K. Engle
- N. Ebner
- MON 4:00 – 6:00 pm ONLINE
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This class will be taught online via Zoom.
Over the past decade, concerns about the “future of work” have preoccupied scholars, policymakers, NGOS, and international organizations. Many forecast massive job displacement caused by advances in automation, robotics, artificial intelligence, and digitization. As formal labor’s share of national income continues to shrink around the world, informal employment, underemployment, and non-waged work increasingly characterize the lives of many. Silicon Valley tycoons, Marxist critics, far-right populists, and even a long-shot U.S. presidential candidate have all predicted the end of work as we know it. Soaring rates of unemployment during the COVID-19 pandemic confirmed even the gloomiest prognoses, albeit for different reasons than anticipated.
This seminar will study these and other prognoses of the future of work as well as proposals for responding to them, in light of deeply entrenched inequality within and across countries. Drawing from a range of disciplines such as law, sociology, history, and economics as well as analytical frameworks including racial capitalism, world-system theory, and distributional analysis, we will consider how the valorization and definition of “productive labor” allocates resources in ways that maintain and reproduce historical patterns of racialized, gendered, and neocolonial domination, subordination, and accumulation. We will pay special attention to the role of law and legal advocacy, including international law, in both perpetuating and responding to unequal distribution.
We will apply our study to a range of geographical locations as well as to a variety of policies addressing labor precarity. To what extent are these policies based on nostalgia for certain figurations of work and workers (organized around the formal workplace)? How might they impede our ability to imagine other, perhaps more equitable, forms of livelihood? We will consider possibilities for thinking beyond productive value in ways that more equitably distribute wealth and resources, such as guaranteed basic income, the concept of rightful shares, and reparations.
These issues are particularly salient as we continue to analyze the effects of and even look beyond the COVID-19 pandemic. As such, we will attend to ways in which the coronavirus has laid bare the unequal distributive effects of global capitalism while at the same time making what previously seemed to some as radical programs (such as basic income payments and support for gig workers) relatively acceptable, at least for the moment.
The seminar will be organized around the visits of leading scholars (see biographies at the end of the syllabus) who will present their research to the university community in a public forum. Students will spend roughly two weeks considering work by each speaker as well as related scholarly materials.
Students are expected to participate actively in class discussions, write short critical responses to assigned reading by visiting scholars, and write a longer essay on a topic related to the themes that arise during the semester. Readings for the seminar will come from a variety of disciplines. The seminar is open not only to law students but to non-law graduate and professional students with relevant background.
SMNR: International Petroleum Transactions
- WED 3:45 – 5:35 pm TNH 3.125
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
International Petroleum Transactions is essentially a subject in international business that is taught in the context of the petroleum and energy industries. The book that will be assigned examines location of world resources, ownership of mineral rights, dispute resolution, assessing political risk, the types of contracts used in this industry (concessions, production sharing, participation, and service contracts), financial products, and environmental issues. The first four sessions of the seminar will cover parts of the book to provide some background. However, the goal of the course is to write a 25-35 page paper with over 120 footnotes and with over 30 sources in a topic related to international petroleum transactions. Students will need to find a topic within the first two weeks, prepare an outline, a first draft, and a final draft that will be due on the last day of final examinations. Students will also need to prepare a 20 minute presentation that will be delivered to the class during the last four weeks of the course. The paper will count 80%, the presentation will count 10%, and class participation (including attendance) will count 10%. The class is reserved to 7 JD students and 7 LLM students. There are no prerequisites for this seminar.
SMNR: International Sports and Human Rights Law
- TUE 3:45 – 5:35 pm JON 5.206/7
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
Description
Sports, whether mere individual physical exercise, simple competitive games, or national/international competition, often intersect with human rights law. Owing to sport’s long tradition of independence and autonomy, national and international jurisdictions only intervene in a limited way in sporting affairs. This does not mean, however, that there are not questions to be asked, particularly when it comes to protecting international human rights. In fact, sport relies on a rules-based system in all its facets, including athletes, fans, workers, volunteers and local communities, as well as governments, businesses large and small, the media and sports bodies. This seminar examines and unpacks human rights standards and legal commitments to show how human rights are impacted by sporting events or sport activity. The class will address issues such as the human rights of athletes, the basic right to participate in sport and physical activity, remedies for victims of human rights abuses tied to major global sporting events; discrimination against women, LGBT people and persons with disabilities in sport; campaigns against racism and apartheid in sports; the existence of disciplinary systems in the sports movement and the growing number of situations and cases of potential or actual clashes between the running of competitions and human rights standards (e.g. individuals rights in the context of anti-doping, corruption, and match-fixing). In particular, the seminar will discuss cases decided by human rights courts, such as the European and Inter-American Courts of Human Rights (ECHR), and specialized sports arbitration mechanisms, notably the Court of Arbitration for Sport (CAS).
SMNR: Law and Economics
- TUE 3:45 – 5:35 pm TNH 3.124
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This seminar will focus on cutting-edge research in law and economics. In most of the classes, I 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.
SMNR: Patent Law, Advanced
- THU 10:30 am – 12:20 pm CCJ 3.306
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
Description
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.
SMNR: Perspectives in Law Enforcement: Addressing Prosecutorial and Police Accountability
- K. Chavis
- WED 4:15 – 6:05 pm ONLINE
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This course will be taught entirely online via Zoom.
This course examines the role of two important actors in our criminal justice system- police and prosecutors. We will explore the discretion that both these actors have, as well as the legal and professional rules that govern their behavior. We will discuss the advantages and disadvantages of these rules and critique the adequacy of these rules to hold these actors accountable to the public. This course exposes students to the underlying rationale for many of the current proposals for criminal justice reform related to the use of independent prosecutors, use of force standards for police, qualified immunity, racial profiling, municipal liabilty, civil suit, criminal prosecutions, the use of technology and law enforcement, etc.
The learning objectives for the course are below:
- Articulate the role and responsibilities of prosecutors and police officers in the United States;
- Identify various models of policing and forms of prosecutorial and police misconduct;
- Identify legal claims that victims of such misconduct might bring against prosecutors and police officers and anticipate and evaluate defenses to the aforementioned claims.
- Identify the merits and disadvantages of discretion in the criminal justice system;
- Evaluate current mechanisms used to constrain discretion in the criminal justice system;
- Think critically about various models used to hold prosecutors and police officers accountable for their conduct.
- Apply the aforementioned principles to recent examples of alleged prosecutorial and police misconduct and develop recommendations for reform.
The paper is 75% and class participation is 25% (class participation is based on an-class presentation and weekly journal entries)
SMNR: Regulation of Financial Markets
- THU 4:15 – 6:05 pm JON 6.206
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
Financial regulation is the principal tool used by the public or official sector to achieve or approach financial stability and market integrity. The events of 2020, and the impact of the financial cataclysms of 2008-10, prove that in times of severe stress (whether or not fundamentally economic or financial) the functioning of and support by financial regulation is both objectively and subjectively central. It's also notable that regulation can stifle important ways in which finance can making funding available in ways that are consistent with the needs of a population and the innovation that enables the financial system to address the needs of the real economy. This seminar reviews the structure and operations of financial market regulation--specifically securities, derivatives (or swaps), banking, and systems to inhibit money laundering and terrorist (or "threat") financing. We will concentrate on United States regulatory systems, but we will -- as we must-- examine the international regulatory regimes and the cross-border effects of regulation. Know it or not, or like it or not, regulation of financial markets touches and changes every aspect of our economic lives. (Paying rent and buying groceries and obtaining cash from an ATM and obtaining funding for nonprofit organizations are parts of those economic lives, as are public and private issuances of securities, and multibillion dollar finacings.) This topic includes cryptocurrency, blockchain records, fintech, public-sector support for markets and issuers, and consumer credit regulation, all of which we will discuss during the class as time permits. This is not a substitute for a securities regulation course but, then, securities regulation is not a prerequisite for this class. A major paper will be required at the end of the course. Course grades are determined by class participation and the paper. (Class participation may include some short, narrow quizzes that are calibrated to assess the general achievement of learning outcomes.) Consistently with a recognition that the topic has broad application, the course materials come from many sources (some of which may be surprising) and are in different media. That having been said, one requisite for the course--by no means a formal one, but a real requirement-- is that the students have an interest in learning about the area. And, notwithstanding the language that precedes this sentence, the instructor is pretty casual.
SMNR: Saving Our Planet: Investigating the Economics, Law, and Policy of Innovation
- WED 3:45 – 5:35 pm TNH 3.129
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
This is a new seminar designed for students who want to engage with some of the major movements being launched in support of planetary conservation through analytic and practical investigation. The movements under study will include land and water set-asides (eg, the EU Biodiversity Strategy for 2030 and the Global Evergreening Alliance); the "new food" movement (eg, Eat Just's lab-grown chicken; Blue Nalu's lab-grown fish; and solar-powered cooking); new construction (eg, mass timber; replacements for concrete); the movement to de-commission or "trade" dams, to re-negotiate multi-state river compacts, and to "retreat"! from beaches and shorelines; and to "re-use" and "replace" pl! astics within the circular economy. We'll focus on the work of particular public and private organizations leading these charges, including Austin start-ups being fostered by ATL (the Austin Technology Lab). We'll make a pro bono contribution to the work of at least two of these organizations through group projects. Students will also write a research paper on approved topics within the whole.
SMNR: Surveillance, Liberty, and Privacy
- FRI 10:30 am – 12:20 pm TNH 3.129
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy. The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates. The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs. At every stage, the course will highlight surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state. Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.
Saving Our Planet: Workshop
- WED 5:45 – 7:15 pm TNH 3.129
Course Information
- Course ID:
- 196W
- Short course:
- 9/1/21 — 11/10/21
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
- Will not use floating mean GPA
- Corresponding class:
Description
Must be concurrently enrolled in the Saving Our Planet seminar.
This workshop will provide an opportunity for members of the seminar Saving the Planet: Investigating the Economics, Law, and Policy of Innovation to deepen and extend their seminar endeavors by enrolling in a one-credit workshop that will orbit the 3-credit course (that is, the seminar itself.)
The orbital design will be created by the Workshop participants, with my guidance, at two planning sessions. One will directly follow the second seminar meeting of the term, on September 1st. The second will take place at the same time two weeks later, on September 15th, with likely communications between and among us in between. The group will decide on the Workshop’s specific goals and content no later than the second planning session. After the design has been shaped, with input from all participants, the Workshop will meet for six concurrent weeks that will begin on Wednesday, October 6th and end on Wednesday, November 10th.
Possible designs include—without limitation and in no-priority order:
- (1) Doing a collaborative research and writing project on a topic chosen by all participants. This could be a topic outside the syllabus or an extension of one that’s inside it.
- (2) Researching, writing, and submitting for publication opinion-editorials, after reading and discussing examples in the course materials and others I’ll provide.
- (3) Attending a conference devoted to the presentation of new solutions to major environmental problems, especially (though not limited to) ones involving oceans and other aquatic environments and new energy sources that can operate at scale. The conference features the award of major cash awards after a live competition among finalists. The conference will introduce three additional college-level competitions this year. It’s to be held in Ft Lauderdale, Florida on October 24-26th. Workshop participants could participate in the winnowing process for the contestants, which involves table discussions held for potential investors who attend this conference. The sponsoring organization is The Ocean Exchange: See oceanexchange.org. (This would likely be combined with a second Workshop project.)
*
The obvious question is: Do all participants have to agree on the same project? The answer is: no. But some collaboration among participants is among my goals.
**
With enrollment limited to seminar participants, there are no questionnaires, interviews, or other special qualifications necessary for Workshop enrollment. I welcome all seminarians who would like to participate in this innovation in course-design!
Secured Credit
- MON, TUE, WED 1:15 – 2:05 pm TNH 2.123
Course Information
- Course ID:
- 380D
Registration Information
- Upperclass-only elective
- Reverse-priority registration
- Will not use floating mean GPA
Description
This course covers credit transactions in which the loan is secured by an interest in personal property. Secured credit is a very important part of both consumer and commercial lending. This course will study both contexts, examining how secured transactions are structured and why they are structured that way. These transactions are largely governed by Article 9 of the Uniform Commercial Code. The course does not cover loans secured by mortgages on real estate. A secured loan is one in which the debtor and lender agree that if the debtor does not pay, the lender can take specific items of property from the debtor. This property is called collateral, and the lender is said to have a security interest in the collateral. The collateral may be tangible property such as inventory, equipment, and consumer goods, or intangible property such as stocks and bonds or the debtor's right to collect from people who owe money to him. The course examines the mechanics of making secured loans, the rules that govern repossessing the collateral if the debtor doesn't pay, and what can happen to security interests if the debtor goes bankrupt. It also examines the priority rules that rank competing claims to the same collateral. There may be many such claims. More than one secured lender may have a security interest in the collateral; unsecured creditors may seize the collateral to collect a judgment; customers or other third parties may buy the collateral; the collateral may be affixed to real estate and become subject to the claims of people with interests in the real estate. This is also a course in statutory construction. We will devote very careful attention to using and interpreting the Uniform Commercial Code and the Bankruptcy Code. We will progress from relatively simple statutory provisions to quite difficult ones, learning the skills that can be applied to all sorts of statutes. Westbrook sometimes offers a one-hour adjunct to the Secured Credit course. This Secured Credit workshop adjunct course is open only to those taking his regular three-hour Secured Credit course. Requirements include a small number of additional classes and a 15-20 page paper on a Secured Credit topic. A student who takes this adjunct course gets one four-hour grade based on a combination of the student's examination in the regular course and performance in the one-hour course (especially on the paper). Enrollment is limited. Taking the workshop is not required to take the main three hour course. Students who choose the Workshop have included those who want to study advanced commercial law topics and theory, but also those who have no business background and want a cushion rather than putting the whole grade on a final exam. While the course is not remedial or tutorial, philosophy or art history majors usually find it makes them more comfortable and confident in the main course.
Secured Credit Workshop
- TUE 2:15 – 3:05 pm TNH 3.114
Course Information
- Course ID:
- 180R
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
- Corresponding class:
Description
Westbrook often offers this one-hour adjunct to the Secured Credit course. This Secured Credit workshop adjunct course is open only to those taking his regularthree-hour Secured Credit course. It covers the same subject matter. The course has two main purposes: offering especially interested students a look at cutting edge issues beyond what is covered in the basic course; and giving students a chance to be evaluated in part by a paper rather than just an examination. It also provides a small class experience. Requirements include a small number of additional classes and a 15-20 page paper on a Secured Credit topic. A student who takes this adjunct course gets one four-hour grade based on a combination of the student's examination in the regular course and performance in the one-hour course (especially on the paper). Enrollment is limited. Although the workshop is limited to students taking the main, three-hour course, taking the workshop is not required to take the main three hour course. Students who choose the Workshop have included those who want to study advanced commercial law topics and theory, but also those who have no business background and want a cushion rather than putting the whole grade on a final exam. While the course is not remedial or tutorial, philosophy majors or art hisotry majors usually find it makes them more comfortable and confident in the main course.
Securities Regulation
- TUE, WED, THU 10:15 – 11:22 am JON 6.206
Course Information
- Course ID:
- 484N
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Virtually any raising of capital implicates the securities laws. The goal of this course, then, is for students to learn the mechanics of public and private offerings of securities, and to understand the reporting and disclosure requirements that issuing securities entails. This course is particularly important for students who expect to work either in business litigation or transactional law. Topics include public offerings, exempt (i.e., private) offerings, public company regulation and exemption, and, to the extent time permits, secondary market issues such as securities fraud, insider trading, and the regulation of financial intermediaries (such as broker-dealers and investment advisers). Please be aware that this course makes use of economics and math (this is not an arbitrary imposition: courts deciding securities cases make use of economics and math, such as net present valuation and the Efficient Capital Markets Hypothesis). No prior background, beyond a reasonable high school education, in these areas is required -- concepts will be introduced as needed -- although a willingness to engage economics and math is absolutely necessary. Absent special circumstances, students are strongly encouraged to have completed “Business Associations” or “Business Associations (Enriched)” before taking this course.
Space Law: The Business of Space Operations
- I. Motiwala
- TUE, THU 6:00 – 6:50 pm TNH 3.124
Course Information
- Course ID:
- 296W
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 279M, Space Law: The Business of Space Operations
This class will examine the operations of commercial space companies from the perspective of in-house counsel. We will cover both general concerns and space industry specific concerns designed to give students a broad understanding of the legal issues face by commercial space comapanies to prepare students for commercial space law practice. The course will be focused on problem solving and risk management from a legal standpoint. We will cover four broad areas: Commercial Licensing, International Trade and Investment, Commercial Space Transactions, and Government Contracting. Each week will have a lecture and practium component. The lecture will cover material designed to help students participate in the practicum component of the class. Practicums will be group problem solving activities and discussions designed to help familiarize students with how the concepts and law we cover are applied in the real-world commercial context.
Sports Law
- J. Lulla
- THU 2:15 – 4:55 pm JON 6.207/8
Course Information
- Course ID:
- 388S
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 279M and LAW 341G, Sports Law.
This course will cover various legal and business aspects of professional sports, the Olympics and amateur sports (i.e., intercollegiate athletics). Although we will focus primarily on domestic sports organizations, prominent international sports entities will be covered as well. Business and legal topics covered include league ownership and structure, antitrust law, labor law and collective bargaining, torts, contracts, agency, media issues and intellectual property, NCAA and conference alignment, and gender equity (Title IX). Class lecture and discussion may include speakers from the sports industry. Sports legal issues that are then-currently in the news will be examined in class as well. A general knowledge of sports is recommended but certainly not required.
State and Local Government
- TUE, WED, THU 8:10 – 9:00 am TNH 3.126
Course Information
- Course ID:
- 394P
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
When we speak of "government" in the law school curriculum, we too often forget that public governments in the United States include those of the 50 states and their more than 90,000 political subdivisions: 3,000 counties, 19,500 municipal corporations, 16,000 townships, 12,800 school districts, and 38,000 special districts. This offering focuses on America's sub-national governments in discussing questions such as: How should our local "communities" be defined in practice, and who should decide? What is and should be the relationship that states and localities have with the federal government, their citizens, and other states and localities? Which level of government (if any) should provide a particular good or service or regulate activity in a particular area? How should the goods and services provided by states and localities be paid for, and who should decide? In addition to traditional legal materials such as cases, statutes, ordinances, constitutional provisions, and law review articles, we will draw upon materials from a wide range of other disciplines: political theory, public choice theory, public finance, and political economy. Aspiring governors, senators, mayors, city council members, state attorneys general, and school board members welcome! Written requirements: One short paper (4-5 pages) and a 2.5 hour, in class, essay examination. Casebook: L. Baker, C. Gillette & D. Schleicher, Local Government Law: Cases and Materials (Foundation Press; 5th edition 2015). Prerequisite: None; 3 hours credit.
Tax Planning for Business Entities
- S. Singer
- TUE, THU 2:00 – 3:30 pm GSB 3.106
Course Information
- Course ID:
- 393S
- Cross-listed with:
- Accounting
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 379M, Tax Planning for Business Entities. This is a Business School course, cross-listed with the Law School.
This course is restricted to upper class students who have completed a course in taxation of corporations or who otherwise obtain the permission of the instructor. The class covers various tax issues affecting both taxable and tax-free mergers and acquisitions, including the principal §368 transactions, §351-type acquisitions, net operating loss carryovers, compensation issues, and international acquisitions. The course material consists of readings in Bittker & Eustice, Federal Taxation of Corporations and Shareholders (available online), plus cases, regulations and rulings, photocopied and available in the course packet available at the McCombs Copy Center. There are no examinations; instead you are asked to prepare at least three written assignments in the form which you, as professionals, would prepare for clients or employers. Grades are based on written assignments (70%) and participation in our discussions during class (30%).
Taxation of Real Estate Investments
- S. Singer
- TUE, THU 11:00 am – 12:30 pm GSB 3.128
Course Information
- Course ID:
- 396W
- Cross-listed with:
- Accounting
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 379M, Taxation of Real Estate Investments. This is a Business School course, cross-listed with the Law School.
Taxation of Real Estate Investments covers the federal tax effects on those persons who invest in real estate. It includes an overview of how real estate is treated for tax purposes differently from other types of businesses. Then we cover the principal investment vehicles (including syndicated partnerships and LLCs used by investors to acquire, hold and dispose of real estate. Next we cover some of the more complex types of real estate transactions, including like-kind exchanges, real estate investment trusts (REITs), real estate mortgage investment conduits (REMICs), and syndicated tenancies-in-common (TICs). Finally, we discuss real estate investments by non-US persons.
Although study of some of the investment structures are daunting, there is no prerequisite of any tax course to register for this class.
Technology of Cybersecurity: An Introduction for Law and Policy Students
- MON 5:45 – 8:25 pm TNH 2.137
Course Information
- Course ID:
- 389T
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 379M, Technology of Cybersecurity: An Introduction for Law and Policy Students.
This course is an introduction to the technical aspects of cybersecurity. No background is assumed. If you want to learn how this stuff works, this course was made for you.
The course is intended for graduate students in law, public affairs, and other non-technical disciplines. We will explore topics like cryptography, authentication, malware, and social engineering. Note that this course does not address legal or policy questions, as those are the subject of the separate Cybersecurity Foundations course taught by Professor Chesney. Both courses are part of the larger Strauss Center program promoting cross-disciplinary training related to cybersecurity across the graduate school community at UT.
Texas Legislature: Process and Procedure
- WED 4:15 – 6:05 pm JON 5.206/7
Course Information
- Course ID:
- 285F
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
- Will use floating mean GPA if applicable
Description
Same as LAW 258N, Texas Legislature: Process and Procedure.
This course will be taught entirely in the classroom
Taught by former Texas legislator, Senator J.E. "Buster" Brown, and supplemented by guest lecturers, this two-credit course focuses on the ways in which the Texas Legislature functions - both officially and otherwise. A wide range of procedural and substantive topics will be discussed to enable law students to gain an understanding of the process of legislation, the procedural requirements, and the forces at work which all contribute to the criteria for enactment or rejection of a bill. In this regard, the formal structure of the legislature will be analyzed in depth, including the Legislative Council (drafting bills), the Budget Board, the leadership and committee structure, scheduling votes on proposals, etc. The informal structure will not be ignored, with an eye to the role of special interest groups, lobbyists, and House-Senate interaction behind the scenes. Emphasis centers on the way ideas work their way through the Legislature and become policy for the State of Texas, including Constitution, statutes, rules of the House and Senate, and political realities that influence the process.
Texas Venture Labs Practicum
- MON 6:00 – 9:00 pm RRH 3.406
Course Information
- Course ID:
- 396W
- Cross-listed with:
- Management
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
- Will not use floating mean GPA
Description
Same as LAW 379M, Texas Venture Labs Practicum. This is a Business School course, cross-listed with the Law School.
Jon Brumley Texas Venture Labs (JBTVL) is a university-wide initiative to accelerate startups in taking their innovations to market while transforming graduate students into entrepreneurs and business leaders.
The JBTVL Practicum is a cross-disciplinary networking and learning program that connects graduate students interested in entrepreneurship with Texas-based startup companies. Students participate in semester-long consulting projects solving important problems alongside the company’s founders in a hands-on approach using the academic foundations of entrepreneurship and business modeling. Students learn valuable skills such as project management, client relations, team collaboration, market validation, competitive research, price modeling and business analysis.
This course is for students who have completed the interview process and have been selected to participate in the JBTVL Practicum. The interview process is mandatory and instructor permission is required to take this course. Full course requirements and qualifications will be reviewed with students during information sessions prior to the interview process each semester.
This is a full semester course that can only be taken for a grade. The course requires meeting during the scheduled class time and work to be conducted in between classes. For more information and details on the interview process for this course, visit the website (https://www.mccombs.utexas.edu/Centers/Texas-Venture-Labs/Students).
Torts
- WED, THU 2:20 – 4:10 pm TNH 2.140
Course Information
- Course ID:
- 427
Registration Information
- 1L-only required
Description
Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.
Torts
- TUE, WED, THU 2:20 – 3:27 pm TNH 2.138
Course Information
- Course ID:
- 427
Registration Information
- 1L-only required
Description
Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.
Transactional Practice Skills: Doing Deals
- MON 10:30 am – 12:50 pm TNH 3.142
Course Information
- Course ID:
- 285P
- Experiential learning credit:
- 2 hours
- Short course:
- 8/30/21 — 11/8/21
Registration Information
- Upperclass-only elective
Description
Same as LAW 279P, Transactional Practice Skills: Doing Deals.
Transactional Practice Skills: Doing Deals introduces students to the skills that lawyers—in particular, junior lawyers—will need in transactional practice in a modern “biglaw” firm. In this course, students will experience critical aspects of what it is like to be a junior associate on a transactional “deal team” as well as get a “behind the curtain” view on life as a transactional biglaw associate. Throughout the course, students will gain experience as both buy-side and sell-side counsel using various assignments and exercises as part of a mock semester-long transaction. Students will represent their client(s) from the transaction’s earliest stages through signing. Through the lens of the transaction, we will focus on understanding and manifesting the client’s business objectives, performing and communicating the findings of due diligence, drafting and revising documents and honing the soft skills (such as internal and external client communication and appropriate time and deadline management) that are necessary for a student to become a successful junior associate. During the semester, students will interact with practicing attorneys and mock clients in-person and via teleconference to walk through documents and receive feedback, which they will use to revise documents or modify their approach to various issues, much as associates do every day in firms.
Transactions
- TUE, THU 11:50 am – 1:05 pm JON 5.206/7
Course Information
- Course ID:
- 385J
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Same as LAW 379M, Transactions.
This course is about real contracts with real risks and how to mitigate those risks. We will study agreements related to financing, including a guaranty, a note, and a deed of trust. We will also study a merger agreement, a joint venture agreement and perhaps a purchase agreement. Finally, we will also study major cases related to contract formation. Time permitting, we may also study material taken from current articles in the media.
Prerequisite: first year torts and contracts.
U.S. Constitutional Law for Foreign Lawyers
- TUE, THU 1:15 – 2:05 pm TNH 2.140
Course Information
- Course ID:
- 296W
Registration Information
- LLM degree course only
- Will not use floating mean GPA
Description
No description text available.Wall Street Regulation
- MON 3:45 – 6:15 pm TNH 2.138
Course Information
- Course ID:
- 396W
- Experiential learning credit:
- 3 hours
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 379M, Wall Street Regulation.
A one-semester course which will cover selected, practical topics concerning Wall Street's regulatory, economic and political environment. We will focus on the nature of investment products, their use and the regulatory structure surrounding them. We will discuss how some misused these products and the impact that has had on the economy. Finally we will look at the government responses to the economy and the success/failure thereof. This class will pull handout materials from articles in major publications, real-time news stories and personal experience. Given the fluid nature of the economy, new information will likely become available during the course and provide timely discussion topics. Therefore, we may veer from the syllabus topics.
The teaching technique will not be a lecture style, but rather a highly participatory Socratic method in which case study, situation analysis and student interaction will be at the core. The instructor will provoke the students and encourage their thoughtful response to the problems and issues so presented. Each student will present on a topic of his/her choice, and the class will have the opportunity to develop their own skills in the areas of: team building, presentation skills, critical thinking, problem diagnosis and problem solving. Class participation and attendance will count towards the final grade. Quizzes may also count towards grading if given.
Students may not earn credit for both, Alt Invest: Lack of Reg/Bailout and Wall Street Regulation.
Wills and Estates
- MON, TUE, WED 10:30 – 11:37 am TNH 2.123
Course Information
- Course ID:
- 489N
Registration Information
- Upperclass-only elective
- Will use floating mean GPA if applicable
Description
Wills and Estates focuses on donative transfers of property. Included are community property, intestate succession, the execution and revocation of wills, frequently recurring drafting problems, the use of trusts, fiduciary administration, future interests, the rule against perpetuities, powers of appointment, estate and gift taxation, and basic estate planning. The course emphasizes Texas law, but it also examines the law of many other jurisdictions, as well as numerous Uniform Acts.
This is a four credit course. There are no prerequisites.
Youth Justice and the Policy Development Process
- WED 2:00 – 5:00 pm SRH 3.220
Course Information
- Course ID:
- 389V
- Cross-listed with:
- Public Affairs
Registration Information
- Upperclass-only elective
- Will not use floating mean GPA
Description
Same as LAW 371V, Youth Justice and the Policy Development Process. This is an LBJ School course, cross-listed with the Law School.
This course examines the policy development process through the lens of juvenile justice. All around the United States, policy-makers are trying to improve the operations of their states’ juvenile justice systems. Guided by both fiscal concerns and research indicating that juveniles are best served in community-based programs, policy-makers are beginning to emphasize local responsibility for juvenile justice rather than state-level incarceration. There is also an increasing emphasis on prevention and rehabilitative services, even as the juvenile systems around the country still function under laws and policies designed during the “tough on crime” period in the 1990s. At the same time, the United States Supreme Court is changing its views about juvenile sentencing, recently eliminating mandatory application of life without parole sentences for youth under age 18 and establishing that “children are different” than adults for criminal justice purposes.
Because youth justice systems are in such tremendous flux, they provide a perfect vehicle for us to examine the various components of the policy development process. We will focus on four “case studies” of shifting youth justice policies, with two or three-week modules on each topic:
- (1) The decarceration of youth confinement facilities;
- (2) The “raise the age” movement to set 18, rather than 16 or 17, as the age when youth become adults for criminal justice purposes;
- (3) Life without parole and extreme sentencing of youth; and
- (4) School discipline and the school-to-prison pipeline.
The massive changes that have occurred (or that have failed to occur) in each of these areas of focus have been the result of a variety of influences and considerations. We will learn about the legislative process (both formal processes and informal fiat); the role of executive branch agencies; the role of the courts and constitutional requirements; the influence of advocacy groups and social justice campaigns; the importance of research and data; budgeting and financial considerations; and the impact of scandals and media coverage. The reality is that good policy doesn’t “just happen”; it is the product of a deliberate process that can be influenced but rarely controlled.
To better understand how these factors have combined to affect policy change in each of the areas of focus, we will gather information from a variety of sources. Our readings will include policy reports, book chapters, news articles, research articles, legislation, court opinions, data analyses, and fiscal notes. We will watch archived video of legislative hearings and attend contemporaneous hearings at the Texas Legislature if the opportunity arises. And to deepen our analysis, we will interview or have guest presentations by various stakeholders who have been intimately involved in the policy development process in each of these focus areas.
We will also have role-playing exercises in which students prepare oral legislative testimony on a particular topic, taking on the persona of various stakeholders in the policy debate, while other students stand in the role of legislators.
Students in this course will gain skills in policy analysis, as well as become better prepared to participate effectively in the policy-making process as legislative staffers, policy analysts, advocates, or citizens. They will also learn a great deal about youth justice issues, in Texas and beyond.
The course will have a heavy reading load, but the material will all be interesting and accessible. Students will be evaluated on the basis of class participation, a policy memo, their legislative testimony, and a final team research and writing project. There may also be some shorter writing assignments, some of which may not be graded. There is no exam.
This seminar is open to students in both the LBJ School and the Law School and is cross-listed in both schools.