Course Schedule

While estimates vary, many suggest that $100 trillion will be required to transition to a clean energy/carbon neutral environment by 2040-50.  This course will cover the potential sources of this capital as well as where it will need to be invested from solar and wind (on and off-shore), to hydrogen, renewable natural gas, storage and transmission, to carbon capture.  Included will be the structural alternatives for these investments and the U.S. government’s role in incentivizing and subsidizing the energy transition.

This class will focus on a variety of subjects relating to the delivery of health care services, including patient safety and health care quality, regulation of health care providers, and the payment system. Readings will be of diverse types, including articles published in law reviews, medical journals, and other outlets; empirical studies; popular writings; and even news articles and blog columns. Because students are required to make in-class presentations and submit short papers, space is limited and attendance is required.

The only required book for the class is Overcharged: Why Americans Pay Too Much For Health Care by Professor Silver and David Hyman, a professor at the Georgetown Law Center.  Professor Silver receives no royalties on sales of the book, the price of which is extremely low.  Americans are overcharged for health care, but students will not be overcharged for taking this course.

This seminar, “Inside Texas Government: How It Really Works,” furthers the public service mission of The University of Texas School of Law by endeavoring to help law students who aspire to become lawyers who practice law in and around Texas state government, or enhancing the understanding of those students who are just interested in politics and government. The School of Law already offers courses that deal with the legislative branch of the Texas state government and how to navigate it, and virtually every class at the School of Law studies the judicial branch and decisions made by it and their impact. However, there is no course offering that specifically focuses on the executive branch and its interaction with the other two branches of Texas state government, especially the legislative branch. This seminar seeks to provide such a focus.

The course teacher, Adjunct Professor Randy Erben, possesses unique expertise, experience, and perspectives into state government. He served as Gov. Abbott’s first legislative director, has run two state agencies, was a registered lobbyist with a broad variety of clients for over 20 years, and currently serves as a commissioner on the Texas Ethics Commission.

The course will study the constitutional and statutory powers of the Governor, Lieutenant Governor, Attorney General, Comptroller, and other officials and agencies. Class topics include legislation (including legislative procedure, special sessions, emergency proclamations, and vetoes); separation of powers; the state budget; state agency regulations; appointments to boards and commissions; litigation; orders, proclamations, and opinions; and other topics.

This seminar reviews and analyzes the powers and duties of the various executive branch offices and applies them to real-life situations.

The seminar consists of fourteen classroom seminar sessions, covering the specific mechanisms the various executive branch agencies utilize to project power within the constitutional, statutory, and regulatory limitations constraining them.

This writing seminar examines resolution of disputes arising from transnational business transactions. Participants will be introduced to the development and operation of arbitration as a mechanism for resolving disputes and applicable U.S., international, and foreign laws, rules, and conventions relating to institution of arbitration, arbitration procedures, and enforcement of awards. Also considered are national jurisdiction over parties, the obtaining of evidence, and the enforcement of judgments internationally, as well as dispute resolution in dealings with foreign governments. Multiple cross-border lawsuits over the same dispute, forum shopping, and forum non conveniens are among the other subjects addressed. In addition to procedural matters, we may discuss the extraterritorial applicability of U.S. regulatory laws (antitrust, securities, RICO, etc.) and their role in transnational litigation. Students who have already taken Professor Westbrook's International Business Litigation or another International Litigation course may not take this seminar.

This seminar surveys international humanitarian law, also known as the international law of armed conflict. We will study such topics as the regulation of various means and methods of warfare, the treatment of war victims (such as POWs and civilians), the application of the law of war to non-state actors (such as terrorist organizations and corporations), and various enforcement mechanisms (such as international criminal tribunals and US military commissions).

Various sports can be seen as comprising distinct legal systems. Each sport, after all, has its own set of rules, many of which are written and some of which are unwritten. Sports thus present an array of issues that are worthy subjects for legal analysis. And since each sport has its own set of rules, sports are a ripe subject for comparative law analysis. We can look at how similar issues are addressed across different sports. 

Some issues present questions that are readily identifiable as legal in nature. The writing of a particular rule (say, what is a “catch” in football?  in baseball?) requires legal skills. More generally, how should the rule makers decide whether a standard be used (e.g., unnecessary delay) as opposed to a more objective measure (e.g., 25 seconds to serve in tennis); or whether a rule should include a state of mind requirement? What should the standard of review be for replay officials? Should replay even be allowed? If so, when? Should officials be given discretion (like prosecutors) in whether to call a penalty? Should the rules be applied at the end of the game the same as at the beginning?

Other issues are not so obvious. Rule violations have consequences (e.g., runner advances a base, five-yard penalty, free throw). Is it helpful to think of these as the cost of an infraction (think, breach of contract) or a sanction (think, criminal law)? What turns on this? Should a sport employ a no-harm, no-consequence regime or impose a cost/sanction regardless of whether there is any harm (e.g., free throw after a made shot in basketball)? How do we/should we think about gamesmanship, cheating, and sportsmanship? Should there be rules about the use of performance-enhancing drugs? If so, what is a performance-enhancing drug? And there’s lots more.

Grades for the seminar will be based on class presentations, participation in class discussion, and a substantial written paper.

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.

This course will be a survey of different topics in legal philosophy and constitutional theory. It will be organized around a series of six workshops each featuring a different scholar, who will present and discuss his or her work. The class will also meet during the weeks when there are no workshops. At those meetings, we will read and discuss materials on the topic of the next scheduled workshop in preparation  for its discussion, and we will also extend the discussions of the previous workshop through short presentations by the members of the class. Written coursework will consist of two papers, each of which will be a critical discussion of ideas presented in one or more of the six workshop papers and discussions.

This 3 credit hour seminar will focus on issues and problems associated with “decarbonizing” (reducing or eliminating fossil fuels from) the American energy system.  We will explore various plans that propose relatively rapid, deep decarbonization of the electricity sector, including those proposed by the states of California and New York,  “100% renewable” cities like Aspen, CO and Georgetown, TX, as well as academic proposals for rapid deep decarbonization. We will also look plans to decarbonize the transportation sector, including plans by European cities and nations to eliminate gasoline-powered vehicles within their borders within the next few decades.  The seminar will meet weekly, with the bulk of the student’s grade based upon an individual research paper. 

There are no prerequisites for this seminar, but, students who have taken one or more of the following classes will have an easier time with the readings:  Regulating Energy Production (Spence), Texas Energy Law (Smitherman), or Regulating Energy Markets (Spence).

In this Course, we will explore the concept of "mercy," defined both as inter-personal forgiveness and as reduced punishment effectuated by law. We will cover moral theories of mercy, including the basic tenstion between mercy and retributive justice. We will also study mercy-giving institutions in American law, including prosecutors, judges, juries, and various clemency arrangements. Among other things, there will be units on mass incarceration, the death penalty, and youth. We will also read one or two books/memoirs as case studies in mercy.   

For reasons both obvious and less so, the past decade has seen a significant upsurge in litigation, legislation, and scholarship concerning the relationship between the civilian and military federal courts, and the extent to which the Constitution limits both the personal and subject-matter jurisdiction of the latter. Most noteworthy, of course, are the military tribunals for Guantánamo detainees created by President Bush (and later reincarnated by Congress through the Military Commissions Act of 2006). Although the Supreme Court’s decisions in Hamdan v. Rumsfeld and Boumediene v. Bush have had a lot to say about the constitutional limits of some of these measures, many questions (especially vis-à-vis the jurisdiction of military commissions under the MCA) remain unanswered as of today.

Moreover, the same period had also witnessed the enactment of the Military Extraterritorial Jurisdiction Act (MEJA), the expansion of the Uniform Code of Military Justice (UCMJ) to authorize the trial by court-martial of certain civilian contractors, and additional attempts by the political branches to constrain the ability of both the regular military courts and the Article III civilian courts to provide collateral review of court-martial convictions. Although not the subject of as much public debate, these measures have similarly implicated fundamental questions about the scope of the military justice system—questions that have not been asked, let alone answered, in over a half-century. Thus, our focus this semester will be on military justice in general, and on a deeper dive into the jurisdiction of both courts-martial and military commissions, for each of which we will cover the limits on their personal jurisdiction, their subject-matter jurisdiction, and the extent to which the Constitution requires or constrains collateral and/or appellate review of their decisions in Article III courts.

More than a timely study of current events, though, the relationship between the Constitution and military jurisdiction may have a lot to teach us both about the more general relationship between civilian authority and the military and about the Constitution’s role in prescribing the interactions between Article III and non-Article III courts. Thus, although our specific focus in this seminar is on the limits the Constitution imposes upon military jurisdiction, that question is perhaps best understood as a proxy for far more sweeping examinations of how—if at all—the Constitution circumscribes the power of the military in general and of non-Article III courts in particular.

The seminar focuses on corporate governance and finance in the modern era, and the associated legal, regulatory, and public discourse.  We will deal not only with issues relating to individual firms and financial products, but also those relating to financial markets overall and society at large.  Partly due to the impact of Covid-19 and a change in Administrations, there are many interesting new developments both in the real world and on the academic side.  Core principles relating to the purpose of the corporation (and other aspects of corporate governance), non-traditional investment strategies, and financial innovations can intersect in significant ways.  Students with no business or finance background can find many topics to write about in a thoughtful way.  It is recommended (although not required) that students either have already taken or simultaneously take Business Associations or Business Associations (Enriched).

Political parties play an essential role in our democracy.  But they sit in an uneasy position in the legal framework that regulates our elections.  On the one hand, as expressive organizations of private citizens, political parties can claim First Amendment rights of speech and association.  On the other hand, as critical pieces of the electoral machinery, they have obligations not to infringe on the fundamental rights of voters.  And at a time when partisanship and polarization are high, political parties appear surprisingly weak as institutions.  This seminar will examine the role of political parties in the law of democracy. It will consider their rise against the background of a Constitution that contemplates no role for them, their sometimes sordid relationship with minority representation, and the functions they play in organizing representation and governance.  We will read leading Supreme Court cases, foundational political science literature, and recent legal scholarship on political parties.  We will consider whether political parties have contributed to, or been victims of, polarization, how the law shapes the political environment, and the role of political parties in presidential elections adn our constitutional system more broadly.

We will consider the ethical foundations of law and politics, focusing on the moral virtues. These are questions not just of law and political science in the narrow sense, but of political philosophy. The approach is partly historical, partly contemporary. Most of our ancestors took for granted that it was impossible to organize a decent political order without a certain kind of character on the part of the citizens and the rulers. Some thought we inevitably get the government we deserve; others thought that certain constitutional devices could ‘stretch’ virtue, so that it might be possible to get a somewhat better government than we deserve (for example, with the help of checks and balances). Not until Hume did it became common to suppose that a well-designed regime is not particularly reliant on virtue at all. On this view, arguably, it should have been easier than it has been to promote republican government in countries that are not accustomed to it. I am primarily an ethical and political theorist, rather than a jurisprude, a historian, or a number cruncher. However, I invite students who identify with a variety of approaches. There will be one term essay, 30-50 pp. as per Law School writing seminar standards, as well as weekly reflections of one page per week.

The purpose of this course is to expose students to the evolution of information warfare, from the 1700s to current day.  The course will examine propaganda and disinformation campaigns, the psychology behind how they work and how they became central to both the Cold War and political elections.  The course will then look at the advent of social media and algorithmic optimization to facilitate and accelerate the reach and impact.  Students will explore the impact on both United States and global events such as Brexit and the French Presidential Elections.  Finally, students will discuss where this will lead in the coming years and explore potential policy solutions across intelligence tools and strengthening critical thinking, as well as the legal implications including privacy laws, internet regulations and national security implications.

Please note that this is a writing seminar, with the final project being a paper between 30-50 pages long. 

This course will explore the legal issues raised by the business of video games and other software-based interactive entertainment. The course will consists of a series of class meetings that track the conception, development and commercialization of video game properties and focus on the way the law has developed and is evolving in each area. In addition, special issues related to virtual worlds, user generated content and similar concerns will be covered.

This seminar will be divided into courts of nine students each.  Each court will take up the same selection of important and interesting cases pending before the Supreme Court in this term. You will act as a justice of the Supreme Court, deliberate with your fellow justices on the basis of the actual briefs and records before the Court, and decide each case. In the course of the semester, you will be expected to write at least two major opinions (for the court, concurring, or dissenting), and two brief opinions (concurring or dissenting separately). You and your colleagues on your court will be the center of conversation and judgment. My role will be secondary, as a sounding board, gadfly and consultant on your work. This is an exciting and demanding seminar, at a moment of great stress within, and attention to, the Supreme Court and its cases.

PREREQUISITE: Federal Income Tax (354J or 454J). This seminar will examine some fundamental features of the U.S. federal income tax system and will focus on various tax policy considerations including fairness, efficiency, complexity/simplicity, the Executive Branch and legislative processes, and taxpayer behavior. The assigned readings and class discussions will focus on several key topics, including the proper timing for taxing income, progressive versus flat tax rates, taxing the family unit, the income tax treatment of property transferred at death or by gift, tax expenditures, the taxation of corporate income, capital gains and losses, and the proper income tax treatment of price level changes. You and I will need to agree on your paper topic during the first month of class or so, and thereafter you must complete an outline of your paper that you submit to me for review and comment, then you must do a substantial draft of the paper  that you will present in class, and that I will give you comments on, and, finally, you must submit your final paper to mw two days before the deadline for spring grades. Your grade will be based on the final paper submitted (approximately 85 percent of the final grade) and class participation (approximately 15 percent of the final grade), including discussion of the assigned readings for 6 or 7 weeks of the seminar class sessions, the presentation of your draft paper in class, and your discussion of other students' draft papers during their presentations of them.

SMNR: Transnational Class Actions and Smnr: Aggreg Lit Glob Context may not both be counted.

For more than seventy years, the United States has been in the forefront of developing means for resolving injuries to large numbers of people on an aggregate basis. In our modern industrial era, the problem of harm or injury to large numbers of people is not unique to the United States. In addition, civil wars and despotic regimes worldwide have resulted in mass human rights violations and widespread injuries and harms. This course examines the problems related to redress for mass harms in a comparative context. The course begins with an overview of the problem of aggregate harms and approaches to remediating large-scale injuries, including jurisprudential debates centered on litigant claim autonomy. The course then examines American substantive and procedural approaches to resolving mass claims, including critiques of these models. After examining American approaches to mass aggregate claim resolution, the course surveys the similarities and differences between civil law and common law systems, to provide some basis for discussion whether civil law systems are able to support mass resolution of injury claims. The first part of the seminar will examine whether American approaches to large-scale aggregate litigation have migrated to other legal systems, and the embrace of, or resistance to, American style-complex dispute resolution techniques.

Topics explored in the first half of the course include a survey of class action and other aggregate dispute resolution mechanisms that have now been adopted or are being considered in the European Union countries, the U.K., Canada, Australia, Latin America, and Asia. The materials explore whether the United States is gradually moving away from being the center of gravity for class or aggregate litigation. This portion of the course considers problems relating to the enforcement of class action judgments transnationally, as well as problems with the application of res judicata principles. The course also addresses the divergent views of different legal systems regarding so-called “opt-out” and “opt-in” regimes with regard to aggregate resolution of claims.

The course next considers recent developments globally with regard to resolution of transnational securities claims, again discussing the trend in the United States to limit the extraterritorial reach of American courts. We discuss how other countries have become the locus for such litigation by default. Transnational securities litigation provides an archetype for exploring the problems and issues related to the resolution of aggregate claims extending beyond nation-state borders.

The second half of the seminar focuses on the transnational resolution of mass torts and human rights claims affecting large numbers of victims. This portion of the course investigates various international institutions that might provide auspices for aggregate claim resolution, including the United Nations Human Rights Committee, the European Court of Human Rights, and the Inter-American Commission on Human Rights. In addition, the course will examine the American Alien Torts Claim Act, the Torture Victims Protection Act, and the American class action rule, posing the question whether implementation of these statutes in the United States provides a working model for redress of mass injuries. The seminar focuses on a series of case studies to illuminate both the possibilities and limitations of aggregate claim resolution in a global context. These case studies include the Marcos Philippine human rights litigation, the Bosnia-Herzegovina genocide claims, the Austrian ski fire litigation, and the Holocaust victims’ asset litigation. This segment of the course includes examination of the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum Co., in which the Court substantially limited the extraterritorial scope of the American Alien Tort Statute.

The seminar ends with a discussion of the recent development in the European Union in its 2012 Resolution, “Towards a Coherent Approach to Collective Redress.” An examination of the EU Resolution raises the question whether the EU has formulated a type of regulatory litigation that provides an interesting analogue to the American class action procedure. In contrast to the EU recommendations, these materials consider the argument that the EU ought to have adopted an opt-out (rather than an opt-in) approach to aggregate litigation.

There is no textbook for this seminar. The materials for each class ession will be posted in advance on the CANVAS website for the seminar.

This is a writing seminar. Each student in the seminar will be required to complete four short papers of approximately five pages, singled-spaced text during the course of the semester. Students will choose the weeks in which they wish to submit papers. Each paper will analytically present and discuss issues or debates relating to the weekly reading assignments. Each student, at the beginning of the semester, chooses the paper topics and timing of the papers.

Secured Credit is for students who want to practice commercial law – and for those who do not. Credit is one of the major systems underlying the U.S. and global economies, so understanding it is crucial for all future lawyers, including public interest lawyers. This course covers a breadth of credit systems: consumer, business, secured, and unsecured – with a significant emphasis on commercial secured lending. This course also covers a fundamental question not addressed elsewhere in law school curriculum: once you win that big court case, how do you collect money from the other side? (Or, once you lose that big court case, how do you avoid paying?) Students will engage with real-world-based problems, financial current events, and practical strategies for addressing financial problems in consumer, small business and corporate contexts. The course's primary body of law is Article 9 of the Uniform Commercial Code, but it also touches on bankruptcy topics and real estate law. 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. This Secured Credit course examines how secured transactions are structured and why they are structured that way. It covers 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. This is also a course in statutory construction. We will devote very careful attention to using and interpreting the Uniform Commercial Code, the Bankruptcy Code, and non-uniform state law. We will progress from relatively simple statutory provisions to quite difficult ones, learning the skills that can be applied to a variety of statutes.

Securities law is important, not only for litigators and transactional lawyers at law firms and in in-house positions, but also for policy-makers, enforcement lawyers, and others in government service. Corporations, be they small start-ups or long-established entities, raise capital in public and private offerings of securities. The offerings are subject to securities statutes and Securities and Exchange Commission rules and policies. Moreover, whether or not they are raising capital, all publicly held companies must observe a variety of disclosure and related requirements dictated in large part by securities statutes, rules, and policies. Failures to comply can result in highly consequential private litigation and public enforcement. Broadly speaking, federal securities regulation is displacing state corporate law as the primary legal influence on how publicly held corporations function and is also a focal point for the governance of financial markets. Topics will include the preparation of disclosure documents, exemptions from disclosure requirements, and liability under anti-fraud rules. This course will also consider such related matters as how market forces influence corporate governance and how financial advances (such as the efficient markets hypothesis) and financial innovation are affecting corporations, investors, and capital markets. No prior business or financial background whatsoever is required. The only prerequisite is: Business Associations or Business Associations (Enriched).

Come explore emerging space-related issues currently under discussion internationally and domestically! The course will blend lecture, discussion, and group work in a seminar-like format. We will examine the following topics:

Module 1: Lecture, Introduction to the course and the basics of space law

Norms Development: Bottom up, top down, and points in the middle

Bilaterals, Multilaterals, and the role of consensus  

Module 2: Discussion of readings and lectures

Module 3: Application to Emerging Issues

teams to pick from a list of topics and prepare a mixed media presentation.

Possible topics:

The Yin & Yang of Space: Peaceful Purposes and National Security issues

Can we get there from here? Orbital Debris, Space Situational Awareness, and Space Traffic Management

Micro -> Macro: very small sats and very large constellations

In Situ Resource Utilization  

Students will be graded on group presentations and an exam in Canvas.

This course investigates the law governing the education of children with disabilities, with a primary focus on the IDEA. Students will become well-versed in special education law by learning the basic regulatory framework, studying critical cases at the Supreme Court level, analyzing the application of various features of administrative law and federal court litigation to the context of special education, and considering the complexities involved in the implementation of the IDEA on the ground, with a focus on Texas. 

This course will take a deep dive into several aspects of in-house practice, in part by using real world examples and case studies. Topics covered will include: the role of the modern General Counsel, whistleblowing, internal investigations, handling a media crisis, management skills and an ethical challenge pertinent to in-house counsel.

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

This course will concentrate primarily on the legal regulation of major professional team sports in the United States. Topics will include contract enforcement, player movement and restraints, team movements and restraints, the powers of the commissioner, and the (limited) regulation of agents. To a much lesser extent the course will deal with NCAA regulation (especially eligibility and gender equity) and individual sports. Labor Law and Antitrust are helpful, but not required. This is a course best taken in the student's third year. A knowledge of (and enthusiasm for) sports will be assumed.