Course Schedule

This course is focused on helping those students who do not have jobs waiting for them or are not sure what they want to do when they graduate.  We will also cover how to survive your first year as an associate in a law firm.  This course will provide new attorneys practical, real-life information on how to start your own law practice as either a solo or with others in a small firm. The class will cover a wide variety of topics including marketing, management, work-life balance and technology. The professor worked in a large law firm his first ten years and then started his own firm in 2001. He iwas formally the chairman of the Law Practice Management Committee for the State Bar of Texas. Lectures will be supplemented with guest speakers on specific topics and selected reading assignments. Students may only miss one class. Regular participation in class discussion is required to pass the course. There will also be projects/papers that will be subimitted for grading. This is a graded class.

Note: Students may not use laptops, tablets, smartphones or other electronic devices during class.  

This course focuses on the problem of making the best sense of statutes and regulations. Students will practice interpreting statutes both as judges and as advocates, learning skills that will help them in practice. Among other topics, the course will address the creation of legislation and several prominent theories of statutory interpretation. In addition to theory, students will consider pragmatic questions, exploring the extent to which questions of doctrinal statutory interpretation can or should be separated from considerations about the relationship between the legislative and judicial branches. 

Students will learn how to prepare for, take and defend depositions of lay and expert witnesses. Students will learn how to prepare expert reports, prepare and present expert witnesses in hearings, depositions and trials. This is a skills based course where students will actually take depositions and conduct hearings with their experts. This is a short course and will move quickly and have strict attendance policies. Suggested prerequisites or concurrent: Evidence, Advocacy Survey, ADR courses.

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%).

This class will include both academic introductions to technology law and hands-on, practical exercises that will accustom students to typical work handled by (or for) in-house counsel at technology companies. Areas of focus include: (1) Intellectual property principles and clauses arising in technology transactions, (2) Types of licensing and commercial agreements common in technology, (3) Drafting and negotiating technology agreements with a focus on key terms and conditions, (4) Mergers & acquisitions (an introduction and basics), and (5) Privacy, cybersecurity, social media, and other current topics in technology law.

Class instruction will involve: (1) analysis and discussion of intellectual property and commercial case law, (2) analysis and discussion of example agreements, and (3) workshop exercises involving drafting and negotiating documents underlying technology transactions.

 A primary goal of this class is to expand the substantive business and legal knowledge of the students while providing practical deal-making skills easily transferrable to attorneys who support technology companies.

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.

Cross-Listing The course is divided into three segments. The first segment introduces the “idea” of a war against terror, a notion that is widely thought to be nonsense. This idea is examined by focusing on developments in terrorism; in warfare; and in the changing nature of what counts as victory---that is, the objective of warfare. The second segment of the course is devoted to the discussion of the relationship between law and strategy in the domestic context. This discussion includes treatments of the US constitutional issues; developments in the practice of intelligence collection and analysis; a discussion of the ends and means justly available to governments; and an discussion of various approaches by which we might meet the challenge posed by 21st century, global terrorism. The third segment of the course explores the relationship between strategy and law in the international context. This segment discusses various US strategic doctrines; the idea of sovereignty in international law; proposals for global governance; and the difficult task of waging war in the three conflicting but related theatres of terror: the struggles to prevent market state terrorism, protect against gross diminution of humane conditions, and preclude the proliferation of weapons of mass destruction. The outcome of these struggles---the wars against terror-- will determine whether the new, emerging constitutional order of the market state will be composed of states of consent or states of terror.

This course involves the preparation of a hypothetical civil case for trial, from the initial pleading to trial preparation, including preparing for and taking fact and expert depositions and drafting motions for summary judgment, among other things. The class will also cover what every new lawyer needs to know about e-discovery and the use of social media. Mr. Incerto and Mr. Oakes will be assisted by federal magistrates, state court judges and seasoned trial lawyers, most of whom have decades of trial experience. Each speaker will offer advice, observations and/or suggestions on case preparation and strategy. The course is taught solely on a pass/fail basis. There is no final examination. Class attendance is mandatory, and a satisfactory level of performance on all written assignments is required to pass the course.

The couse is best suited for 3rd year and advanced 2nd year students interested in a litigation practice.   

Texas Civil Procedure is an advanced litigation course focusing on the Texas Rules of Civil and Appellate Procedure. The course covers pretrial, trial, and appellate procedure in Texas state courts. Unlike first-year Civil Procedure, which focuses on the federal rules and basic concepts, Texas Civil Procedure studies the distinctive Texas rules from an advanced perspective. If you are planning a litigation practice in Texas, this course is essential. The course also helps you prepare for the civil procedure portions of the Texas bar exam. Students may find it helpful to take the course during their second year, before their summer work experience and before they take advanced advocacy courses.

This course divides the semester into roughly four parts.  In the first quarter of the semester, we start by examining oil production, globally, within OPEC and OPEC+, and finally within the US, and particularly Texas.  We next discuss the Texas Railroad Commission (RRC), its constitutional and statutory underpinnings, along with noteworthy Texas Supreme Ct. cases involving the RRC and significant oil, natural gas, and pipeline-related issues .  We finish this section by examing several interesting RRC rules and orders.  The second quarter of the semester explores regulated transmission and distribution of natural gas and electricity. We examine the elements of a successful rate case and review numerous cases (both Texas and Federal courts) examining Public Utility Commission of Texas (PUCT), RRC, and Federal Energy Regulatory Commission (FERC) treatment of various elements of a rate case.  In the third quarter, we will discuss renewable energy development, including the creation of CREZ (competitive renewable energy zones), and the steps which led Texas to become the nation's #1 wind energy state. The final quarter of the semester will focus on EPA regulations and US Supreme Ct. cases related to energy and the environment.  In particular, we will examine the role of Chevron deference (Chevron v. NRDC, 467 U.S. 837, 1984),  as interpreted by past and present Supreme Courts, in agency decision making.  

Throughout the semester, we will have guest lecturers from the RRC, PUCT, ERCOT, and various industry and environmental groups. 

Your performance in this course will be evaluated on the basis of an open book, take home, mid-term exam (administered over spring break), a closed book, take home, final exam (administered during finals weeks, with 24 hours to compete), and in-class active participation; the percentages are 30%, 60% and 10%, respectively.  There is no textbook for this class.  Reading assignments and discussion material will be posted on Canvas in advance of the pertinent class. You should assume that the reading requirement is moderate.  No more than two absences will be allowed (without express prior approval of the instructor.)  

Jon Brumley Texas Venture Labs is a university-wide initiative to accelerate startups in taking their innovations to market while transforming graduate students into entrepreneurs and business leaders.

The TVL 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 TVL 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).

This course will focus quite intensively on some of the central issues surrounding Civil War and then Reconstruction.  They include (but will not be limited to) secession; presidential emergency powers (including the power to emancipate slaves); whether Jefferson Davis and Robert E. Lee (among many others) committed "treason" and, if so, whether they should have been tried (ane executed?); the allocation of decisionmaking power as to "reconstruction" (i.e., president v. Congress); grounds for impeaching Andrew Johnson; the provenance of, especially, the 14th Amendment; and early decisions interpreting the "Reconstruction Amendments."   Although some cases will be assigned, we will also be reading articles and books relevant to these topics.  Each student will be required to write two response essays (of 12-1500 words) to  given weeks' reading of your choice, which shall count for half of the final grade.  The other half will be based on a two-hour final examination.  I will feel free to take class participation into account for anyone at the cusp between two grades.

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

This course is an introduction to how international law applies to hostile cyber activities by States and non-State actors during both peacetime and armed conflict.  Topics addressed range from sovereignty in cyberspace to cyber operations during armed conflict.  It also addresses the responses available to States -- such as retorsion, countermeasures, necessity, and self-defense -- when responding to hostile cyber operations.  The course draws on the Tallinn Manual 2.0 project, which resulted in a restatement of the law drafted over seven years by an international group of experts. The instructor directed that effort and is currently leading the Tallinn Manual 3.0 project, due for completion in late 2025.

This class provides practical training in the art and craft of formulating legal advice, solving thorny problems, giving sage and reasoned counsel, and sets conditions for success in the real world.  Students will work through the analysis of case studies that involve difficult legal, institutional, and personal stakes.  Many of the case studies will be drawn from military settings, and at times may offer a glimpse into some of the distinctive challenges that arise in that environment.  The lessons of the course, however, are entirely applicable to the practice of law in all other settings and beyond.  In addition to participation in highly-interactive class sessions, students will be expected to complete a series of written analyses of multilayered, real-world-based fact patterns.  The course will contemplate nuanced and complex issues involving international law, ethics, criminal law, leadership, the digital-age, litigation, management, administrative law, investigations, and more.

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

Limits of liability and methods of establishing liability for intentional and unintentional injuries to persons or property.

This course will explore the doctrine, policy, and theory of trademark protection and unfair competition law. We will focus on the federal Lanham Act and also cover some aspects of state unfair competition law. We will ask why, and in what circumstances, things like words, symbols, slogans, product design, packaging, smells, sounds, and restaurant decor can serve as trademarks. We will also study the rules of trademark ownership, including how a party can obtain, maintain, and transfer trademark rights; the scope and limitations of trademark rights; the rules and policies related to trademark infringement and dilution; the nature of trademark defenses, and the right of competitors (and the public) to engage in unauthorized uses of marks for purposes such as parody and comparative advertising. Along the way, we will discuss the heated debates over the broad expansion of trademark rights in recent decades and explore some of the trademark issues involved with internet uses of marks. Other topics that might be covered, time permitting, include false advertising and the legal protection of trademarks abroad.

Transactions will focus on real contracts with real risks including a guaranty, a promissory note and a deed of trust.  We will also review a merger agreement and an asset acquisition agreement.  Time permitting, we will also review a joint venture agreement.

Prerequisite: First year Torts and first year Contracts.  

This course will review core issues relating to venture capital. The focus of the course will be the financing of the emerging growth company. The course will cover topics relating to venture capital investments in start-up companies, the structure of VC backed companies, the allocation of cash-flow and control rights in these companies, and litigation arising from the unique VC arrangements. Issues relating to the VC fund structure and to intellectual property transactions may also be discussed. It is highly recommended to have completed “Business Associations” or “Business Associations (Enriched)” before taking this course.

Water is essential to the existence of all living things on this, our “blue” planet, including, of course, us. As the planet is seventy percent water, so, it happens, are we. As the character in a 2011 novel put this, “We exist only as a film on the water.” If that suggests itself as a fragile state of affairs, that’s because, increasingly, it is.

          The earth’s hydrological cycle—regulator of the freshwater/saltwater balance that sustains our bodies, our food networks, our geographic placements—is increasingly perturbed, a function of the ongoing disturbance of the planet’s natural systems under conditions to which our society, all societies, must quickly learn to adapt. We are in the process of inventing a new existential curriculum, one based on the need to live with careful attention to a myriad of challenging, earth-system-dependent details.

          What might “adaptation” mean—what can it mean? what should it mean?-- for one of the most stabilizing traditions on which we depend—law; its symbiotic policy matrix; its case-law-based jurisprudence of private conflict resolution, relied on for fostering incremental, small-bore movement by design? The crises engendered by climate change and the stabilizing, slow-moving features that characterize our legal tradition do not easily converge.

          Emergent issues and questions fall heavily—uneasily—on water law, one of the oldest branches of American law, embossed with the early norms and rules of soggy England; its later developments tentacular and disjunctive, dependent on regions; states; a late-arriving, compromised federal presence; and on property law, rooted in notions and conflicts about land.   

          Five further matters of note:

(1) Our approach to each unit of material will be solidly planted in the legal tradition and relevant policy, including their rationales, and norms. Only after an introduction to foundational knowledge of each major component of the system in place may we reasonably engage in exploration, evaluation, and critique-- and we will, as we go along.

(2) The approach and materials will be inter-disciplinary and include basic hydrology/hydrogeology; climate science; (a possible smidge of) engineering; policy analysis; political governance; climate ethics and environmental ethics (environmental justice). Our forms of engagement: mostly reading; writing; some guests; some film, including videos made by you.

(3) We may treat Texas water law and policy as a kind of learning lab. We’ll occasionally look to developments outside the U.S.

(4) Units will be covered through lecture and collaborative as well as individual student enterprise. I mean to foster collaborative engagement.

(5) The course and student evaluation will depend on reading, discussion, writing, and, as to the final paper, research. There will be no exam.

This course deals with donative transfers of property, including intestate succession, probate administration of decedents’ estates, execution and revocation of wills, the use of trusts in estate planning, and rules of construction that affect will and trust drafting. The course also will cover community property laws and basic estate tax and gift tax principles. Relevant Texas Estates Code and Uniform Probate Code statutes will be included in a Supplement to the casebook. Prerequisites: None.

This course deals with donative transfers of property, including intestate succession, probate administration of decedents’ estates, execution and revocation of wills, the use of trusts in estate planning, and rules of construction that affect will and trust drafting. The course also will cover community property laws and basic estate tax and gift tax principles. Relevant Texas Estates Code and Uniform Probate Code statutes will be included in a Supplement to the casebook. Prerequisites: None.

This two-credit course will survey the most prominent current legal issues affecting the wind and solar industry.  Taught by two practicing attorneys (with a combined 50 years of experience in the electric power, wind and solar industries), the course will explore the history of wind and solar energy, the fundamentals of developing a wind or solar project, the major elements of wind and solar leases and other real property issues, government tax incentives, litigation, interconnection and transmission issues, permitting, the impact of renewable energy development on the environment and wildlife, acquisitions and sales of wind and solar projects, and project finance.  We will also learn about other technologies such as energy storage and waste-to-energy.  Many of our class meetings will feature prominent guest speakers who work in and provide counsel to the renewable energy and electric utility industries.