Course Schedule

This non-writing seminar will meet every other week to discuss the professor’s book in progress, Academic Freedom, the First Amendment, and the American University.  The book explores the emergence of academic freedom as a distinctive First Amendment right and its relationship to general First Amendment rights of free speech.  It observes that judicial decisions have extended this right to professors, universities, and students, whose interests in academic freedom may conflict.  It also observes that state interests and the constitutional rights of individual citizens may conflict with interests in academic freedom.  Examples of state interests include national security, public health, and the enforcement of laws prohibiting employment discrimination and harassing speech.  Examples individual constitutional rights include free speech, the free exercise of religion, and equal protection.  After reviewing the case law, the book proposes a theory of First Amendment academic freedom to address these complicated issues.  Students will write two to three page reaction papers for every seminar meeting.  Class discussions will address the process of legal scholarship as well as the substantive contents of the book.  The course does not satisfy the law school’s writing requirement.  Grading will be pass/fail.

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

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

Students who have taken LAW 179P, Adv Skills: Criminal Court may not take LAW 179P, Advanced Criminal Law Skills.

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

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.

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

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

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

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

The course begins by explaining why the American antitrust laws' critical expressions -- "restraint of trade," "monopolizes," "decreases competition" -- should be interpreted in ways that make the legality of the various types of business conduct covered by those laws depend on economic analyses of the motivations of those who engage in them or certain consequences that they have. It then analyzes the economic factors that determine the legality of the various practices that the American antitrust laws cover. Approximately three-fourths of class-time will be devoted to economic analysis. The remaining time will be devoted to explaining the positive case-law and guidelines and analyzing the respects in which the courts and antitrust enforcement agencies are analyzing the legality of the conduct in question correctly and incorrectly. No background in economics will be presupposed, though students without such a background will have to work harder, particularly at the beginning of the course. Diagrams but no more advanced type of mathematics will be used. This course can be taken instead of or in addition to the regular antitrust course.

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

In recent decades there has been an explosion of interest in arbitration. The aim of this course is to think deeply about this trend, and in particular about the justifications for arbitration as a method of dispute resolution, its limits, and the principles that govern its practice. We will select topics that allow us to connect the debates over arbitration with larger debates about the function and the forms of law in modern societies. To illustrate the range of questions we might address, consider the following. Is the increased interest in arbitration a response to perceived defects in the regular court system and if so, what are those defects? More generally, how do arbitration courts and the ordinary judiciary interact? Would arbitration work in a world without courts? What about criticisms of arbitration, such as that it systematically advantages the more powerful party in a contractual relationship? Are there any matters that the state should declare nonarbitrable, and on what grounds? What kind of law are arbitrators supposed to apply in rendering their awards? How does that law relate to the law courts use? How does it relate to broader notions of justice and equity? Is there a role for stare decisis, and should there be? How should arbitrators vote? Should dissents be allowed? Also, a number of very important and interesting topics arise in special forms of arbitration. For example, under the ICSID system in Washington, an individual is allowed to sue a state in its international capacity before an international arbitral body. Is a strong form of transnational law being created in these cases? Are there any structural biases in such a system? How does the law developed in these cases fit with democratic values?

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

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

An introduction to the legal rules and principles, as well as some of the economic factors, that pattern the conduct of productive enterprise in the U.S. The principal focus will be upon the large, publicly traded corporation that dominates much of the U.S. business environment - in particular, its financing, its control, and the potentially conflicting interests that the firm must mediate. Legal topics to be covered accordingly include shareholder and executive compensation, basic fiduciary obligations, shareholder voting rights, derivative suits, corporate reorganization and control transactions. We shall also devote some attention to partnerships, closely held corporations and other business forms. No prior background in business law or economics is assumed. Corporations and Business Association, Business Associations, and Business Associations (Enriched) may not be repeated for credit.

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

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

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

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

ACTUAL INNOCENCE CLINIC IS A 6-HR. CLINIC. Students screen and investigate claims by inmates that they are actually innocent of the offenses for which they are incarcerated. While investigating cases, students typically interview witnesses, research cases, 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/

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.

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/

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/

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/

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. 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, you may contact the Clinic Co-Directors, Heather K. Way (hway@law.utexas.edu, 512-232-1210) and Frances Leos Martinez (fmartinez@law.utexas.edu, 512-232-1222), or the Clinic Administrator, Sarah Beach (sbeach@law.utexas.edu, 512-232-1564).

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).

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

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

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

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

The Human Rights Clinic works to promote and protect human rights in Texas and around the world. Through supervised practice, students learn the responsibilities and skills of human rights lawyering and advocacy. Mirroring the approach of practicing advocates, students work in small project teams, developing lawyering, advocacy and ethical skills and receiving intensive mentoring and feedback. The Human Rights Clinic’s practice spans a wide range of issues, including sexual and reproductive rights; human rights and the environment; U.N. treaty bodies and special procedures; and many more. All the cases and projects involve research, writing, and an opportunity to discuss the strategies used by human rights advocates. The cases and projects provide the students an opportunity to gain practical skills in partnering with other students, institutions, and organizations, thus forming a team of advocates. Finally, all the projects and cases allow a multidisciplinary approach and permit working across disciplines and use the perspectives of different fields to enhance the overall theoretical framework. Routinely the Clinic admits non-Law students. The Clinic employs a variety of lawyering methods that are tailored to the needs of each project. These include: Documentation and Reporting; International Litigation; Advocacy. The Clinic meets two times per week 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/

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). 

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

Student attorneys are required to have at least one morning each week (Monday through Thursday) when they are available to be in court to handle their plea adjudications/dispositions. Contested hearings are scheduled for the afternoon on the student attorney’s designated court day. It is preferable that student attorneys have two days each week when they are available to be in court on either Monday/Tuesday or Wednesday/Thursday. This flexibility provides students with more opportunity for handling a variety of cases and works better with the court’s scheduling of cases. Although this flexibility is preferred, it is not required. In most instances, student attorneys will be in court a maximum of one day per week and be finished by 12:00 p.m. on their designated court day. Thursday is a popular court day for student attorneys; however, please be aware that there are a limited number of students who can be assigned a Thursday court day. Please take this into account when scheduling other classes and contact me if you have questions about your schedule. Approximately 12-14 hours per week will be required for working cases and for participating in the classroom component. A class that meets on Tuesdays and Thursdays for about five weeks and one time per week thereafter, typically on Tuesdays, provides academic background.

Each student will complete a mock hearing exercise that is recorded and held in the Eidman Courtroom. The exercise teaches the student to prepare for argument and examination of witnesses in the context of a hearing to suppress illegally seized evidence. The mock hearing occurs outside of the regular class meeting. Each weekday, Travis County Juvenile Court holds hearings to determine if juveniles who are being detained should be released. A public defender is present to provide representation for each juvenile whom has a hearing that day. Student attorneys will each take responsibility as the public defender for two days of the semester. This teaches students to handle a large caseload in a very short time, and to think and act quickly. During the first month of the semester, the class has meetings on Fridays for tours usually between 11-1. The class travels outside of Austin to tour a Texas Juvenile Justice Department facility and meets with juveniles who have been sentenced to TJJD. Additionally, the class adopts a local middle school at the end of the semester and speaks to seventh grade students about constitutional rights/protections and the consequences of violating the law. Students register for Law 397C and 397D. All credit is awarded on the pass/fail basis (six hours). Students must have completed forty-three semester hours in law. Recommended (but not required) background classes include criminal law and criminal procedure. The Juvenile Justice Clinic provides a meaningful opportunity for students to learn juvenile law, interact with clients, advocate for your clients in court proceedings, and participate in educating children about the law. Please feel free to contact me if you have any questions. Pam Sigman, Director 512-619-3222

Students in the Law & Religion Clinic represent vulnerable individuals and groups of all faiths who face challenges to their religious liberty. This will involve a diverse array of clients, including, among others: prisoners, mosques, students, employees, churches, teachers, faith-based schools, sanctuary churches, 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/

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/

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

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

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

The TWR Clinic is conducted in partnership with the Equal Justice Center (EJC), a non-profit public-interest law firm, based in Austin, 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. In this clinic, students devote the bulk of their clinic hours each week to handling active cases for real clients. This case work includes regularly scheduled office hours at the nearby Equal Justice Center office; regular case reviews with supervising attorneys; and essential conferences with clients. During the first week of the course, before starting their casework assignments, students will receive an intensive classroom orientation on low-wage employment litigation practice. 

Normally the law practice of this clinic occurs off-campus in the law offices of the Equal Justice Center. However, like most law offices, the EJC has been largely closed to in-person staff and public operations, since spring 2020, due to the pandemic. Nevertheless the EJC law practice and the TWR Clinic law practice have been proceeding dynamically and successfully as a cyber-practice utilizing innovative electronic law practice methods.  The EJC and TWR Clinic anticipate a return to in-person law practice for the spring semester of 2022.  Nonetheless, one salutary effect of the adaptation to cyber law practice has been that TWR Clinic law students are getting an opportunity to learn - along with the rest of the legal profession - the new art of remote law practice and litigation.  While the 2022 spring semester clinic law practice is expected to conducted largely in-person, it has become clear that the entire judicial system and legal profession have permanently adopted many new, more efficient, remote electronic operations and methods.  These remote law practice methods will put to full and effective use by the EJC and the TWR Clinic, giving clinic students an opportunity to learn these pioneering remote electronic techniques and systems. The anticipated re-opening of the Equal Justice Center office and TWR Clinic to in-person operations will be based on careful monitoring of public health conditions throughout the fall, winter, and spring, prioritizing the health and safety of clinic students, clients, EJC staff.

Throughout the semster, the students's principal casework will be complemented with a regular classroom session that meets once a week for two hours. The classroom sessions will explore various deeper aspects of employment law, rights of immigrant workers, effective litigation practice, and special topics in employment law practice for immigrant and low-wage workers.Classroom instruction will address the challenges of adapting U.S. law and legal practice to our increasingly transnational labor market. Subtopics include: U.S. labor and immigration policy; wage laws, employment laws, and contract law as they affect transnational workers; the tension between immigration laws and labor rights; rights of transnational "guest workers"; civil litigation and representation skills specific to transnational worker cases; 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.

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

This course fosters an integrated understanding of the science, law and policy relating to issues such as land use, water use, and climate change in coupled watershed-coastal ocean systems. The course is interdisciplinary and listed in both the Law School and the Department of Marine Science. There are three major course components: (1) topical lectures, (2) literature discussions, and (3) case studies. The literature discussions allow us to delve into specific topics in detail, whereas the case studies foster a system-level understanding of select sites around the country. Students work on the case studies in small, interdisciplinary groups. The case studies will be selected from distinct region of the US subject to different climate regimes, land/water use patterns, and oceanographic conditions. Factors influencing the quantity and quality of water exported from land, and oceanographic characteristics that mediate the response of coastal ecosystems to changes in watershed export are emphasized. Law, management, planning and policy initiatives related to issues of water quality, water quantity and sustainability of coupled watershed-coastal ocean systems are also emphasized. Groups give a formal presentation on their case study findings near the end of the semester. Students also write independent papers or proposals focusing on specific research, mitigation, education efforts, or legal or regulatory changes needed to improve understanding and management of their case study systems. The last week of class focuses on cross-site comparisons and discussion of idealized management scenarios that draw from the most effective aspects of individual case studies. Classes are offered over a video link so that students at the Marine Science Institute as well as Austin can participate.

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

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

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

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

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, (2) choice of law, and (3) recognition of foreign judgments. This short course will focus on choice of law.

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

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

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

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

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

Methods by which rights and duties of promissory and quasi-promissory origin are created, transferred, limited, discharged, breached, and enforced.  (I have no idea who wrote this!  But you'll soon see what it's about.)

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

The course covers the basic elements of copyright law. Special emphasis will be put on the interaction of copyright law with various new technologies including the Internet. In addition to the relevant legal doctrines, the class will survey policy considerations and the normative justifications--economic and others--that underlie these doctrines.

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.

The course examines taxation of corporations and their shareholders. Basic concepts of taxable income from the Federal Income Tax course are assumed to be already known by enrolled students, including basis, calculation of gain and loss, capital gains, and treatment of nonrecognition transactions. Representative transactions covered include the formation of a corporation, distributions to shareholders, redemptions of stock, liquidations of corporations, and corporate reorganizations. The grade for the course will be based on a final, open book examination. Prereq: Law 293Q, 393Q, 493Q, 593Q (Federal Income Taxation); or Law 254J, 354J, 454J, 554J (Federal Income Taxation); or 254N, 354N (Federal Income Taxation A); and 254P, 354P (Federal Income Taxation B). 

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

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

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

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

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

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

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

Course meeting dates:

2/16: 4 hours (4-8pm)

3/2: 2 hours (4-6pm)

3/9: 2 hours (4-6pm)

3/23: 2 hours (4-6pm)

4/6: 4 hours (4-8pm)

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

This course is a practical and practitioner’s introduction to cybersecurity and how Governments have tried to respond to cyber threats, risks and harms. It covers structural insecurities in the Internet, the main threat actors (both state and criminal), and the nature and method of harms in cyber space. It then covers how Governments have attempted, with varying success, to develop policies and frameworks to deal with emerging cyber threats. This covers both the domestic response: improving security of Government networks and regulating and/or incentivising the private sector, and the international response, covering attempts to develop strategies to deter and punish hostile state action as well as the pursuit of globally accepted norms. It is led by a former senior practitioner who set up and then led the National Cyber Security Centre in the United Kingdom.

This course will introduce the technical aspects of computer network security and how organizations plan for and respond to cyberattacks. We will also discuss the basics of digital forensic technology. Though this course is intended to be a continuation of Technology of Cybersecurity, motivated students with even a rudimentary understanding of programming are welcome. The course is designed for graduate students in law, public affairs, and other non-technical disciplines. We will explore topics like denial of service attacks, intrusion detection, digital forensics, reverse engineering, mobile security, side-channel attacks, machine learning, VPNs, TOR, and The Dark Web.

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.

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

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

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

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

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

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

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

This course will immerse students in practical business and legal concepts in financing oil and gas and alternative energy development and demonstrate how those issues manifest themselves in the negotiation and loan documentation. In addition, the course will provide an historical context for the development of present day commercial bank lending to oil and gas companies illustrating how loan documentation between producers and energy lenders has evolved since the early 1900’s. The tools and concepts taught in class lectures will be implemented by students in practice through negotiation and drafting of an energy loan utilizing current real world example of a syndicated energy credit agreement and term sheet. The first half of the course will lay the groundwork for how and why today’s energy loans are structured drawing upon the historical analysis in Oil Capital, The History of American Oil, Wildcatters, Independents and Their Bankers written by one of the professors, Buddy Clark. Alongside this historical perspective, the course will cover the principal provisions of an energy loan based upon assigned readings from The LSTA's Complete Credit Agreement Guide, Second Edition. In the second half of the course, students will be divided into banker and producer teams serving to negotiate key provisions in a Term Sheet and Credit Agreement for an oil and gas loan through email and conference call interactions with their clients. The ‘clients’ will be Haynes and Boone, LLP energy finance lawyers who will be acting as bankers or producers, respectively. With input from their client, groups will negotiate and agree on the final Term Sheet and Credit Agreement. The final work product will be a Credit Agreement redlined against the form. At the end of the course, in class, each group will discuss the final “deal” that was struck and three principal points of contention and how they drafted compromises in the documents.In addition, the second half of the course will cover renewable energy project development and transactional issues based on assigned readings from Energy & Environmental Project Finance: Law & Taxation available on Lexis and selected articles addressing major renewables transactional documentation.

Students will be graded on class participation, drafting and negotiation exercises, a final work product, and a final exam (short answer).

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

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

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

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

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

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

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

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

This is a one-semester three-unit course about substantive federal criminal law. This course will detail the prosecution and defense of criminal trials in federal court, focusing on the more frequently employed and complex areas, and on current hot topics. Class time will be devoted to mail, wire, and health care fraud, public corruption, money laundering, administration of justice offenses, the Controlled Substances Act, immigration offenses, and terrorism and weapons offenses. In addition, students will be alerted to the manner in which federal sanctions can be employed against lawyers, banks, and corporations. If time permits, we will review defenses and the plea bargaining and sentencing systems. Your grade will be based primarily upon a floating open-book essay exam, and in part upon class participation.  If we have no more than 20 students, the grade in this class will not be on a curve, and you will be asked to complete one or two in-class oral projects. Second-year students interested in the United States Attorney’s Office or Federal Public Defender's Office internships for their third year should consider taking this class first. This class does not significantly overlap with the Advanced Federal Criminal Prosecution & Defense seminar, and students are welcome to take both.

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

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

This Federal Income Tax course uses a problem-based method to study core federal income tax doctrine, including the concepts of taxable income, adjustments to income, and when and to whom income is taxed. In addition, the course explores the policy choices presented by an income tax system, including equity, efficiency, administrability and political considerations. Federal Income Tax develops the universal lawyering skill of working with a statute-based body of law, in conjunction with administrative guidance and cases.  It asks how the income tax affects decisionmaking and interacts with the project of giving advice as a lawyer. The course is a gateway to more advanced tax offerings.

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.

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

Health care represents approximately one-sixth of the American economy, as skilled personnel provide life-saving services using advanced technology. But the fairness and efficiency of the health care system remain controversial. Enacted a century after universal health coverage was first proposed in the United States, the Affordable Care Act (aka “Obamacare”) intensified public policy debate rather than resolving it. After years of sustained opposition, the Republican party now seeks to “repeal” and “replace” Obamacare after its victory in the 2016 national elections. But why? And how?

This course considers some of the toughest problems in current health law and policy.  Which countries have the best health care systems, and why? What roles should government play in health care, and what roles should it avoid?  Does the U.S. make too many social problems into medical ones, or too few? What is the best way to support the cost of care for those who are too sick or too poor to afford it themselves?  How can we spend less on health care and get more for our money? To what degree should the future health care system be controlled by physicians? How can individuals and communities become healthier? How can racial disparities in health care and health be reduced? How can the health care system best serve an aging population? What policies would most effectively further innovation? Finally, how has law defined these problems and how can legal change facilitate their solution?

This course will treat selected topics in higher education and law. A recurring issue throughout the course will be the extent to which legal doctrines should be modified, if at all, in light of the arguably unique characteristics of colleges and universities. The course should therefore be valuable not just for students with particular interests in higher education and the law; it should also provide an opportunity for detailed study of various aspects of free speech, due process, affirmative action, and employment discrimination. The course will address the First Amendment rights of faculty and students, the relationship between free speech and academic freedom, campus regulations prohibiting “offensive” speech, affirmative action in higher education, tenure, contractual analysis of academic rights, employment discrimination in higher education, and “institutional” academic freedom.

This is a course in the substantive law regulating immigration to the United States and the regulation of non-citizens in the United States. Topics covered include the constitutional law aspects of the immigration and removal (deportation) process, entry, conduct of hearings, relief from removal, general regulation of non-citizens, and new developments. In addition, the refugee and asylum will be discussed. The final exam will be open book. LLM students will be required to take the exam; there will be no paper option.

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

International business transactions (IBTs) have become increasingly important in today's global economy, raising a host of complex legal and policy issues: What law(s) should govern international business contracts? Should the US impose tariffs on imports from China? Should it continue to participate in international organizations such as the World Trade Organization (WTO), and trade agreements such as the US-Mexico-Canada Agreement (USMCA)? What effects, if any, are likely to ensue as a result of the United Kingdom’s decision to “exit” the European Union (EU)?

This course is designed to provide you with a broad overview of the skills and understanding you will need to advise clients on these issues and more. We will focus on three primary types of IBTs:

• international trade transactions (import-export agreements)
• international technology transfer agreements (intellectual property license agreements); and
• foreign direct investment (establishment or acquisition of a foreign business operation).

There are no prerequisites.

At the end of the semester you should be able to understand the following concepts and apply them to specific fact situations:

• the main types of IBTS and their basic characteristics;
• sources of IBT law (e.g. domestic law; foreign law; customary international law; treaties such as the WTO, USMCA, CISG and the New York Arbitration Convention);
• regulatory issues raised by IBTs (e.g. customs law; trade remedies; export controls; foreign investment restrictions; corporate social responsibility rules)
• contractual issues raised by IBTs (e.g. choice of law; dispute settlement; payment & transportation)

Assets of foreign investors in host countries are vulnerable to actions by the host government. The wave of nationalizations in Venezuela and Ecuador are examples of how regime or governmental changes affect these investments. These acts have triggered the recent rise in investor-state arbitration with tens of billions of dollars in claims against host governments at stake. In the 20th Century, claims against states began with the Soviet nationalizations following the Russian Revolution, through the Mexican nationalizations in the early part of the 20th Century, and to the current day. Until relatively recently, claims were brought under direct contracts or arrangements with States. Today, the majority of these claims arise within a network of treaties that protect investors against the political risk of improper actions by host governments. This network includes multilateral treaties trade and investment treaties like the North American Free Trade Agreement (“NAFTA”), the Energy Charter Treaty, over 2,700 bilateral investment treaties (“BITs”), and the Washington (or ICSID) Convention. The treaties protect against expropriation, unfair treatment, and discrimination. Procedural protections include arbitration against the State itself, outside the host country. Most recently, the Argentine economic crisis of 2001-2001 led to claims based on the government’s actions in response. Beyond economic crises, host governments will sometimes seek to change the terms of the foreign investor’s deal when commodity prices change. This has occurred in recent years with special frequency in the energy sectors. Bolivia announced nationalizations of foreigners’ oil and gas interests there. Venezuela has taken over foreign companies’ oil and gas projects as well as foreign-owned banks. Ecuador took similar actions against foreign investors. Indeed, Argentina made world headlines this year in expropriating the interest of a Spanish company, after significant unconventional oil and gas was discovered in that country. In short, the front page of any international newspaper daily recounts such acts and political changes that may presage such moves. Investor-state arbitration has had an obvious impact on foreign governments. As governments contemplate policies, they are concerned because they can now be sued, directly, by foreign investors. Awards are paid from the national treasury. Many states have begun to question the wisdom of the entire investment protection scheme as it is currently configured, and they have begun to curtail their commitments in investment-protection treaties. The course will therefore address the inevitable political, economic, and policy questions raised by this significant cession of sovereignty to private actors. The course will introduce students to investor-state arbitration. With a brief introduction of cases that arise from contracts, the course will then turn to the network of treaty protection and its practical implementation. Students will be taken through the identical arbitration process as that experienced by investors in some of the most important cases in recent years. Core materials for this course include the United Nations Conference on Trade and Development and arbitral awards involving claims against foreign governments. To provide the business background of energy deals, guest speakers from major international companies will clarify the real stakes of this emerging area of international arbitration. Assessment will be based on class participation and a final exam.

Course content and description: International Petroleum Transactions considers the legal issues and transactions relating to the exploration, production, and marketing of petroleum—the most important commodity traded worldwide and hence the most politically charged. Coverage includes how countries establish and allocate sovereignty over petroleum, how countries settle competing claims to oil and gas reserves, how host governments or state-owned oil companies contract with private companies to explore and develop oil and gas resources, how companies contract with each other to share risk, how companies contract with drilling contractors and service providers; how petroleum is marketed; and how disputes are resolved.

Professor's goals: Help students develop better analytical skills--especially the ability to critically evaluate contracts and host government law. Help students gain a basic understanding of how crude oil and gas are exploited and marketed worldwide. Help students learn about the unique aspects of acquiring exploration and development rights in a foreign country, about pursuing those rights, and the legal ramifications of how exploiting parties realizes a return on this type of foreign investment.

Prerequisites, co-requisites, and sequencing: None—although students who have taken other oil and gas classes may be slightly advantaged over those who have not.

Course requirements: Regular class attendance, class preparation, and participation (including thoughtful responses to questions posed).

Materials: All materials will be furnished to the students electronically at no cost to students!

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

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

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. There will be a course packet available for purchase at the start of the semester. In addition to class meetings, students meet individually with the instructor several times during the internship to discuss their goals and review their progress.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

No scheduled meeting time.

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

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

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

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

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

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

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

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/.

Most of the time when judicial opinions are handed down the focus is narrowly on the facts of the case and references to large philosophical questions are either absent or perfunctory. Big questions like “What is law?” “What is the source of law’s legitimacy?”, “How is law distinguished from force?”, “What is the relationship between law and morality?”, “Is the law an autonomous system?”, and “Is the law gendered?” are not taken up explicitly or at length in the course of a ruling. Yet these questions and the various answers given to them underlie and give shape to the specific arguments judges engage in. Jurisprudence is the study of those big questions and of the traditions of inquiry that have been set in motion by the attempts to answer them. In this course we shall survey the major traditions of inquiry with a view to understanding how even the most minute and apparently local issues in law reflect long-standing and unresolved controversies.

Topics of investigation will include Natural Law, Positive Law, Legal Realism, Law and Economics, Legal Interpretation, Feminist Jurisprudence, Critical Race Theory, Gay Legal Theory, Postmodernism and the Law, Legal Pragmatism.

Labor Law:  The NLRA, Unions and Workers’ Rights in a Post-Pandemic World

In this time of unparalleled job market insecurity in the wake of an international pandemic, employee workplace protests and strikes have proliferated in a manner not seen since the 1930s. While surveys show that 68% of Americans approve of labor unions--the highest since 1965--unionization rates are at an historic low of 6-10%. President Biden describes himself as “the most pro-union President leading the most pro-union administration in American history.” In this critical moment in history, does the 85-year old National Labor Relations Act adequately protect employees who wish to organize and protest, particularly when many of these employees are daily risking their lives to provide essential services?

This seminar style course (limited to 20 students) will be an untraditional introduction to labor law with an emphasis on participation and debate. In addition to studying the NLRA, the structure of the NLRB and the foundational case law interpreting the Act, we will discuss the reasons for the decline in unionization, current obstacles to union representation, as well as the PRO Act, the legislative proposal backed by the Biden Administration and organized labor. We will also debate current labor topics, such as: the proliferation of workplace demonstrations and organizing campaigns (particularly in the tech, fast food, education, healthcare and childcare industries), unionizing in the gig economy; whether graduate students and/or college athletes should be entitled to unionize; protected speech in the workplace; whether the collective bargaining regime adequately offers workers the ability to address racial and gender injustice in the workplace; and collective bargaining among law enforcement officers and other public sector employees.  Throughout the course, we will examine the history and values underlying the law, including the economic and political interests that have influenced its development.

Students will prepare a final project and paper of their own choosing (in lieu of a final exam) and be tasked with weekly debate topics. 

• Guest speakers will include NLRB officials, as well as union and management side labor counsel. 
• Professors Spielberg and Avendano collectively have more than 50 years experience in the field of labor law, having worked for the NLRB, for union and union-side firms, and in the private sector.

  Students will gain exposure to and familiarity with how labor law manifests in the contemporary legal and organizing landscape through interactions with individual practitioners/partner organizations focused on workers’ rights. 

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

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

In my usage, “legal liberalism” refers to a jurisprudential position on the content and structure of valid legal argument in a society that is committed to instantiating a liberal conception of justice.  I believe that the United State is such a society, know that post-World-War-II Germany is such a society, and think that many other countries are so as well.  Legal liberalism claims that in such societies arguments that examine the concrete extensions of liberalism (of its placing a lexically-highest value on those moral-rights bearers for whom it is responsible being treated with appropriate, equal respect and concern) are not only generically legally valid but are dominant.  Such arguments are dominant in the sense that (1) they control both the legal validity of other modes of argument that legal actors have used to identify the answer to legal-rights questions that are correct, not incorrect, or wrong as a matter of law and the variants of these other modes of legal argument that are valid and (2) with one limited exception, they determine the answer to any legal-rights question to which they are applicable that is correct as a matter of law.

The course will begin by discussing various moral concepts and delineating two philosophically-informed empirical protocols for identifying respectively the moral category to which a particular society belongs and the moral norm to whose instantiation a particular society of moral integrity is committed.  It will then consider the abstract definition and extensions of liberalism and various non-liberal conceptions of the moral good.  After that, the course will examine the implications of liberalism for the resolution of various contract-law, tort-law, property-law, civil-procedure-law, antitrust-law, and constitutional-law issues in a liberal-moral-rights-based-society.  It will also address various alternative positions on the content and structure of valid legal argument in the U.S. that have been taken by U.S. legal scholars and judges.

Course grades will primarily be based on a paper that students will have to submit by the end of the exam period.  That paper can either (1) analyze in detail the jurisprudential assumptions that teachers of other courses they have taken were making and/or that the authors of the textbooks that were used in other courses they took were making or (2) address some other course-relevant issue or set of issues.  In the latter case, the student will have to secure advanced approval of the proposed paper from the Lecturer.  The Lecturer may revise upward the grade of any student whose class-participation was particularly valuable.

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.

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

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

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

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

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

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

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

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

The course focuses on the creation of legislation and then the subsequent statutory interpretation. It will discuss how the legislature exercises its power, what gives legislators their motivations, as well as different theories of interpretation. It will look at these issues from constitutional, statutory, and policy points of view. Goals of the class include understanding how proposed legislation becomes law, what U.S. Constitutional law provides about the legislative process, understanding how legistures operate, and learning skills about how to handle statutory language in practice - both on how legislatures create a statute and subsequently when courts must interpret that statute.

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

This course examines problems in complex mass tort litigation that emerged during the 1980s and now have become a permanent part of the litigation landscape. Initially, the course surveys the paradigmatic mass tort cases such as those involving the Dalkon Shield, Agent Orange and asbestos litigation to understand and define the peculiar problems arising in the context of mass tort litigation, as opposed to simple two-party tort litigation. During the course we also will examine other mass tort cases involving mass disasters such as Bhopal, Three Mile Island, the Hyatt-Regency Skywalk collapse and the Dupont Plaza Hotel fire; and mass products liability litigation involving bendectin, DES, the silicon breast implant litigation, defective heart valve litigation, repetitive stress injury litigation. We will discuss the evolution of mass tort litigation over a span of fifty years, examining the most recent resolution of the NFL Football League Concussion Litigation. In the first section of the course we deal with jurisprudential issues, including the debate between proponents of aggregative procedure versus litigant autonomy. In an economic framework, we examine the problem of balancing justice, cost, and delay as these values relate to economic efficiency and sound judicial administration. This portion of the course examines special ethical dilemmas in mass tort litigation. The course then canvasses procedural problems entailed in mass tort litigation, including the failures and successes of federal and state procedural rules to adequately handle these massive cases through the class action rule, consolidation, MDL procedure, and preclusion doctrine. We will examine and discuss the shift of mass tort dispute resolution to multi-district litigation auspices, and the issues and problems of resolving these cases through MDL procedures.

The third edition of the casebook addresses mass tort class litigation in a post-Amchem/Ortiz world.  New materials have been added concerning expanded use of MDL auspices, bellwether trials, non-class aggregate settlements, the quasi-class action, the aggregate settlement rule, and the ethical duties of attorneys with clients in MDL and non-class proceedings. Two revised chapters focus on challenging issues in mass tort litigation: damage sampling; statistical proof; limited issues classes; multiphase trial plans; sub-classing; and res judicata. New cases have been added that reflect resolution of various pharmaceutical mass torts (Vioxx and Zyprexa); personal injury mass torts (the NFL and Collegiate Athletes concussion litigation); products liability mass torts (the Ford and GMC Ignition Switch litigations; heart-valve cases; tobacco litigation; the moldy washer cases); natural and man-made environmental disasters (the Hurricane Katrina and BP Gulf Oil Spill litigation), and the World Trade Center events. A new chapter includes materials on the Class Action Fairness Act of 2005, including the concept of the “mass action.” Finally, the third edition includes materials on so-called “fund approaches” to resolving mass tort litigation.

The casebook for this course is Linda S. Mullenix, MASS TORT LITIGATION; CASES AND MATERIALS (3d ed. 2016)(West Aacdemic Publishing 2016). Prerequisites: Civil Procedure; Torts.

This highly interactive course will examine the use of mediation as a method of dispute resolution. We will learn the statutory and case law governing the use of mediation; study mediation ethics; and practice the skills necessary to be an effective mediation advocate and mediator. Students will observe “real life” mediations conducted by experienced professionals; participate in role playing exercises as mediators, attorney advocates, and parties; and write papers on a selected topic of interest involving mediation. The course is intended to meet the statutory requirement of a minimum of 40 classroom hours of training in dispute resolution techniques.

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

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

As the practice of law changes with the rise of technology, deep communications skills will become ever more important and valuable. Whether your practice involves litigation or transactional law, you must be able to communicate effectively to persuade and prevail. We know we need to marshal the facts in order to build a theme and theory, a story, a way to move decision-makers to act, but how, exactly, do we do it? This class borrows from the Creative Problem Solving method but uses it in a unique way, teaching students how to design and develop a process to generate and evaluate narratives to best solve their clients' problems. Students work in small groups to practice and cement these communications skills, receiving direct feedback from highly-experienced lawyers and communications professionals who do this every day. This is truly learning to think and communicate like an expert lawyer. The transferrable skills students acquire in this experiential class provide a framework that will serve them for years as their careers evolve. Pass/Fail. This 1 credit class will meet for five total sessions.

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

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

Much of what lawyers do on a day-to-day basis involves negotiation. This negotiations course will provide you with effective, negotiation skills that may benefit you throughout your legal career.  This is a “student-participation,” experiential learning course that blends law, social science, and ethics toward the development of practical negotiation skills in a small classroom environment.  Topics covered will include negotiation theory and literature regarding negotiation of both transactional-based and litigation-based problems. The class is structured to include both classroom presentation and classroom exercises that will be performed in small groups under the instruction of your professor.  You will leave this negotiations course with greater knowledge and understanding of dynamics involved in negotiations and provide you with the skillset to successfully navigate them.

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.

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.

This course teaches the principles and art of negotiation. The course consists of both lectures (classroom presentations) and interactive role-playing, exercises that will be performed in small groups in which students are given the opportunity to act in a variety of roles, including the role of counsel and principal.

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 may include both transaction and legal claim negotiations.

Students will learn to prepare for and conduct negotiations both from within the context of distributive negotiation and cooperative bargaining, and both two-party and multi-party transactions.

Additional materials and assignments will be distributed from time-to-time during class or on Canvas. Students also may be asked to do independent research to elaborate on important/interesting topics.

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

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

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. 

Oil & Gas Taxation covers the United States federal income taxation of domestic oil and gas operations and transactions. The course examines taxation associated with the operational life cycle of oil and gas operations including exploration, development, production and abandonment. The study of transactions involving oil and gas interests analyzes acquisition, disposition, structuring and investment. Course participants learn the historical context and development of oil and gas provisions found in U.S. tax law. Current tax legislative proposals or enactments that affect the oil and gas industry are addressed if warranted. Although emphasis is on federal income taxation of domestic oil and gas transactions, the international tax aspects of the oil and gas business also are surveyed. It is helpful if students have taken Federal Income Tax or Oil and Gas Law as prerequisites to this course.

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

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

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

25% Class Participation/Weekly Quiz - At the beginning of the semester, each student will be assigned an on-call topic and students may be called on to discuss the core components of the topic at hand (Ownership Structures, Governance, Transfer Rights, etc.) or the objectives and considerations of different hypothetical clients in respect of said topic. There will also be a 5 question multiple choice comprehension quiz on canvas to be completed once a week.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This course examines the gender dimensions of health, illness, and the medical care industry in the United States and other developed nations.  It is motivated by the fact that health, disease, and medical care have important gender-specific dimensions that are affected by economics, politics, and culture. In the past the medical care system often ignored gender, as well as race-based differences in health care needs. These gaps in knowledge concerning risks and appropriate treatments have very specific consequences that we will investigate.  The collection of readings will allow us to examine the social institutions that shape men’s and women’s health and health care.  Specific topics will include reproductive health, single motherhood and the stress of raising children alone, welfare and health care, divorce and changes in health, certain illnesses that women experience including breast and ovarian cancer, drug and alcohol abuse, and the forces that influence research into women’s health problems. In addition, we examine the role of women as major actors in changing the health care system, reducing health risks for themselves and their families, and their roles as health care providers, public administrators, and leaders in the health care establishment. We will also touch upon the role of local, state and federal agencies in health policy formulation and implementation, the politics of the medicalization of women’s issues including childbirth, refugee and immigrant women's health, and more. The course will also examine the role of different levels and branches of government, including the presidency, Congress, the courts, and the bureaucracy, in the formation of public policy.  Alternative political ideologies regarding state and private responsibility for women’s health will be compared and contrasted.  Similarly, we will assess the relative power of key non-governmental actors, such as interest groups, health care NGOs, researchers, and the media in the definition and framing of our health agenda. The course deals with rapidly evolving issues and readings will be assigned as current events warrant. 

EVALUATION

Assignments include a policy issue brief (50%), point-counterpoint exchange (20%), and mid-term assessment (10%). Attendance and participation are integral parts of the course and will count towards the final grade (20%).

REQUIRED TEXT AND SELECTED READINGS TO BE ASSIGNED

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

Stone, D.  2001.  Policy Paradox: The Art of Political Decision Making. New York:  W.W.Norton and Company.

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%).

Class Schedule

Class is scheduled for 5:30pm-8:30pm, M-F, January 18-21, January 26-27, January 31, February 1-4, and February 14-18.

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

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

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

This course addresses the law of privacy and personal data protection under two dominant, but quite different, legal regimes. In this course, we will review privacy fundamentals – principles, risks, and harms - within the U.S. legal framework, including federal consumer, financial, and health privacy laws, and historical and emerging state laws. We will discuss and evaluate important aspects of the evolving U.S. legal framework and the EU GDPR, taking into account the unique challenges posed by the evolution of digital data technology, including data aggregation, analytics, biometrics, breach response, and artificial intelligence.

This course approaches the subject of professional responsibility as a study of how society regulates the legal profession and the conduct of lawyers. First, we study the organized regulation of the profession, which includes the following topics: (1) the admission of lawyers, (2) the establishment of the legal services monopoly through unauthorized practice of law statutes, (3) the state and federal systems for disciplining lawyers, and (4) the clients. Second, we study the regulation of the conduct of individual lawyers through the transactional perspectives: (1) formation of the attorney- client relationship, (2) performance of the representation, and (3) termination of the relationship. We also spend significant time examining the three contexts of regulating lawyers' conduct: (1) the disciplinary committee, (2) the private malpractice action, and (3) judicial regulation as part of the lawyer's representation of a client. Although we discuss the Model Code and the Model Rules, this course does not focus on the rules of professional responsibility as the sole source of ethical guidelines. The course should prepare you for the Multistate Professional Responsibility Exam; however, it is more useful as an introduction to identifying and resolving ethical problems in practice. In addition, it is your first introduction to the practice of law as a profession.

Student grades are assessed through an in class exam with objective questions and essay questions; a 5 page outside paper, and completing the multiple choice questions in the Casebook Plus online module.

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).  

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.

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.

Real Estate Financing is for students with some knowledge or experience in the industry, those who have completed either Law 331K in Fall 2020 (Real Estate Transactions and Practice) or Law 385T in Fall 2021 (Introduction to Real Estate Law and Practice), or with permission from the Professor. Completion of or concurrent enrollment in Secured Credit (Law 380D) is recommended, but not required. The course will begin with an introduction to the real estate finance industry, including vocabulary and law. From there, the course will focus on key loan documents customarily found in real estate financings, and the statutory and case law underlying the contents of those documents. Relative interests of borrowers, lenders and other parties will be discussed throughout the course. While this is not a drafting course per se, drafting opportunities will be provided. This course is intended to be a fairly intensive examination of the legal aspects of real estate financing, with emphasis on typical documents and laws underlying them. Materials to be used will be supplied by the Professor in PDF format. Also, students will be responsible for obtaining copies of the cases discussed in the supplied materials.

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 loan documentation 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.

This is an exciting time to study the law of Religious Liberty.  The Supreme Court in recent years has taken multiple cases to clarify the scope of the Religion Clauses of the First Amendment, and there is no indication that this trend will stop.  Regardless of one’s underlying perspective or position, studying Religious Liberty is a way to understand not just that area of constitutional law, but also to examine the Supreme Court as an institution and to trace the development of an important body of law alongside developments in American and world history.

This class is an introduction to the law of Religious Liberty, and accordingly will begin with the historical and jurisprudential foundations of the First Amendment's Free Exercise Clause.  We will then turn to the development of the doctrine in the United States, examining how and asking why the Supreme Court's analysis has evolved from beginnings of its jurisprudence until today.  We will pause to consider in depth how Employment Division v. Smith has been applied in the decades since the Supreme Court decided it.  We will also discuss the intersection of the Free Exercise Clause, the Establishment Clause, the Free Speech Clause, and the Free Association Clause.  Our course will conclude with analysis of the cutting-edge issues being litigated in the courts, and in particular in the Supreme Court, and we will provide some examples where students can dig more deeply into a record to develop the best arguments on both sides of actual cases.  

This is a course open to students who have already taken a Constitutional Law class.  No other prerequisite is required.  We plan on meet roughly every other week for two hours at a time.  The course is graded, but students are welcome to exercise their pass-fail option if they wish.  Grades will turn on (1) participation, including reliable attendance, and (2) the student's choice of a short exam or a short paper.

"Restitution" means the law of unjust enrichment. As a basis of liability, it is as fundamental as contract or tort. "You are liable to me, not because you promised to do anything, and not because you necessarily caused me any injury, but because (if the law did nothing) you would be unjustly enriched at my expense." Claims on this basis arise across the whole range of private law. This gives restitution as much variety as any other subject and makes it an essential part—frequently overlooked—of the analysis of many legal problems. Course materials will consist of the casebook edited by Dean Farnsworth and Professor Kull.  (Anyone who is curious is welcome to come by Professor Kull's office and have a look.)

Restorative justice is a social movement and set of practices that aims to redirect society’s retributive response to crime. Crime, in the context of restorative justice, is not considered just an offense against the state but rather is viewed as a wrong against another person and indicative of a broken relationship between the offender, victim, and community. Accordingly, restorative justice seeks to elevate the role of crime victims and community members; hold offenders directly accountable to the people they have violated; and restore, to the extent possible, the emotional and material losses of victims by providing a range of opportunities for dialogue, negotiation, and problem solving. This course provides an introduction and exposure to the principles of restorative justice and its application to the treatment of human suffering from crime and related social problems. It explores the needs and roles for key stakeholders (victims, offenders, communities, justice systems), examines the values and assumptions of the movement, including its spiritual and religious roots, and introduces students to some of the current programs at community, state and international levels. The framework of the course is, in part, based on social work values and the ethical decision-making process. Besides discussing its policy implications, students will evaluate the potential of restorative justice to address social problems marked by human conflict, oppression, power and harm, e.g. partner abuse, hate crimes. Finally, students will examine the empirical evidence for restorative justice, identify critical issues including gaps in theory or practice, and critique its integrity and overall direction.

Have you wondered how it is determined that some crypto-currency activities violate the securities laws?  Or what might make trading in meme stocks subject to enforcement action?  The objective of this course is to illuminate such questions by giving students a practical appreciation of both the process through which securities law enforcement decisions are made, and the way in which the reach of the securities laws has developed as a consequence.  We will cover two broad areas.  First, the mechanics of the securities enforcement process and the roles played in it by government lawyers, defense lawyers, the Commission, and the courts.  The goal is to provide an “insiders” appreciation of how enforcement decision-making occurs, and how it operates as a significant driver in the development of the substantive securities law.  The second part of the course will be a deep dive into substantive areas of the securities law that are particularly shaped by enforcement decision making, including, for example, the prohibitions on insider trading, foreign corrupt practices, financial fraud, market manipulation and the emerging regulation of crypto-currencies.   A consistent theme will be the utility and consequences of developing law through ad hoc enforcement decisions. The professor had a 35-year securities enforcement career that included positions as a senior SEC enforcement official and as a partner in a global law firm representing clients in defense of securities enforcement investigations, and has deep experience with these issues from both perspectives.