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.  The book reviews the case law, revealing its inconsistencies and ambiguities, proposes a theory of academic freedom as a distinctive First Amendment right, and illustrates how the theory would apply to issues raised by the cases.  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.

Law made by administrative agencies dominates the modern legal system and modern legal practice. This course examines the legal and practical foundations of the modern administrative state. Topics include rationales for delegation to administrative agencies; the legal framework (both constitutional and statutory) that governs agency decision-making; the proper role of agencies in interpreting statutory and regulatory law; and judicial review of agency action. The course will cover these topics through a comparative analysis of administrative processes in five federal agencies—the Environmental Protection Agency, the National Labor Relations Board, the Social Security Administration, the Internal Revenue Service, and the Federal Communications Commission.  A combination of cases and discussion problems will be used to examine legal issues such as the separation of powers doctrine; the constitutional law of due process; health, safety, and environmental policy; the provision of government benefits; and market regulation. The central theme of the course is how administrative law balances “rule of law” values (procedural regularity, substantive limits on arbitrary action) against the often-competing values of political accountability, democratic participation, and effective administrative governance.

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

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

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

Course Overview

This course will involve intensive team research projects to identify and catalogue positive culture change developments in prisons and jails across the United States. While correctional institutions remain dangerous places that harm the people who live and work inside them, there are pockets of good things happening in an effort to shift the culture of these facilities and provide a safer and healthier environment. For example, there are a number of prisons that have been trying to implement innovative practices modeled on the Scandinavian correctional system. Other agencies have begun prison arts programs or prisoner-run radio stations, to mention just a few of these kinds of changes. The goal of this project is to track down these types of initiatives, both large and small, and to gather information about them in a single detailed public-facing database so as to enable other jurisdictions, policy-makers, and advocates to be inspired and to use these initiatives as models for change. Our efforts to elevate these initiatives will also serve to support correctional leaders who are trying out new ways to help improve the correctional environment, an uphill battle for many of these directors.

This project is being conducted in collaboration with the Prison and Jail Innovation Lab (PJIL) at the LBJ School. PJIL is a national policy resource center focused on ways to improve the safe and humane treatment of people in custody. Course instructors Michele Deitch and Alycia Welch serve, respectively, as Director and Associate Director of PJIL. The database that our class will be preparing will be published on an online resource website that PJIL is developing.

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

Although this is considered an “advanced” class, there is no prerequisite for the course.  However, students should be prepared to engage in substantial research and writing, and should be comfortable working in teams on a significant project. While a background in criminal justice or corrections is not required for the class, it would certainly be helpful.

Learning Objectives

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

Course Requirements and Grading

Students are expected to attend all classes and team meetings, participate fully in the group work activities, submit work to their teammates in a timely manner, and produce work products that are well-written, accurate, and responsive to the assignments. Each team will produce a variety of work products, including a spreadsheet with details about their findings, short write-ups about each initiative, short reports about the types of initiatives identified, and possibly some other documents as well. Teams may also be asked to conduct an oral briefing about their research.

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

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

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

You spent the first year of law school analyzing published cases. The emphasis of much of your reading was on the results of published cases and the legal principles each case teaches. Importantly, while trial court judges can publish written opinions on discreet issues, most of your previous reading focused on appellate court opinions. Every appellate court opinion begins with a narrative of the facts. The facts are critical in developing the legal opinions pronounced by the opinion. The way the facts are recited often allows the reader to begin developing a just result in the case simply by the way the facts are presented.

But what does the first year of law school teach you about developing facts? We certainly spend a great deal of time analyzing facts, but how do you produce them? How do facts become evidence? Why do some facts seem to matter more than other facts? At a time in our society when it is hard to find common ground on what constitutes an objective fact, how do current attitudes (and social media) affect our profession where so much of the law depends upon the facts?

And nestled somewhere between Evidence and Federal Courts perhaps our Course Catalog will one day have a class devoted entirely to Facts. Because no matter what type of law you practice, you’re going to have to deal with the facts of your case. You’re going to have to deal with the good facts, the bad facts, and the ambiguous facts. Whether you practice Admiralty Law or Wills and Estates, you must wrestle with disputed facts. And mostly importantly you, the lawyer, must find facts. Facts do not announce themselves, and rarely does the judge or jury understand the significance of any fact. Like latent fingerprints, we often see only remnants and traces of facts. These facts are never reviewed by an appellate court unless they are collected, preserved, interpreted, presented, and introduced as evidence. It is our job to find truth and extract justice for our clients by distilling the vapor of nuance from these latent facts.  

This class is a guide to that process.

This class has a mandatory evening skills component (Monday or Wednesday evening). Students must register for both the lecture (376M) and either Monday or Wednesday evening skills portion (176N) of the class. Please note, the evening Skills portion of the class will not begin until week 5 or 6 of the semester and will run for eight weeks. Advocacy Survey is designed for all law students. While focusing primarily on trial skills, the course will also cover topics such as transactional practice, motion practice and alternative dispute resolution. By combining theory through the lecture sessions with technique training in skills sessions, students are able to practice what they learn. Students get hands-on practice in areas such as opening and closing statements, the use and relevance of technology in litigation, transferable skills for a transactional practice, and the basic skills necessary to try a case. The skill sessions will end with the trial of a case. Students will examine a case file from pretrial motions, transactional, ADR, arbitration, voir dire, and trial.

This is a 4-credit series (1 credit pass/fail, 3 credits graded).

Prerequisite or Concurrent: Evidence.

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.

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

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

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

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

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

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.

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

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

This course is for students who want to practice bankruptcy - and for those who simply want a fun, challenging course that covers a key legal system underlying the U.S. and global economies. It covers Title 11 of the U.S. Code, the Bankruptcy Code. The course includes both consumer and business bankruptcy and a modest introduction to state law collection issues. Students learn the basic concepts of "straight" bankruptcy liquidation (Chapter 7), in which a trustee is appointed to sell the debtor's assets and pay the proceeds to the creditors. For consumers, that topic includes the fresh start--the discharge of all pre-existing debt--and the identification of exempt assets. Students also study the rehabilitation provisions, under which the debtor attempts to pay all or some part of the pre- bankruptcy debt: Chapter 13 payout plans for consumers and Chapter 11 reorganization proceedings for businesses. Principal attention is given to the substance of the bankruptcy laws, including the "avoiding powers" (for example, preferences and fraudulent conveyances), treatment of secured creditors (including the automatic stay against repossession or foreclosure), and priorities in asset distribution. More than half of the course is devoted to business reorganizations in Chapter 11, including the legal requirements for confirmation of a plan of reorganization and "cramdown" of recalcitrant creditors. Questions of jurisdiction and procedure are introduced, but are not the major focus of the course. The course attempts to give balanced attention to the practice realities of negotiation and leverage within a complex of doctrinal rules and to the social and economic consequences of the bankruptcy system in both its consumer and commercial manifestations. Grading will be primarily based on the exam but there is a class-participation component. Prerequisite: none.

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

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

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

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.

Many law school courses deal with the role of the “outside” lawyer as advocate for the client in a litigation setting or in counseling clients more generally.  By contrast, this course deals with the compliance function—described by one author as the function that establishes and confirms “conformity between . . . action and a rule or standard,” the latter being determined by law, regulation or an organization’s policies.  The compliance role within an organization principally focuses on avoiding problems (and resultant crises for the organization) by establishing policies designed to ensure that personnel conform to legal and regulatory requirements, counseling personnel when questions arise and establishing “early warning” systems to detect and respond to instances of possible malfeasance. It is also one of the organizational roles currently providing the most employment opportunities for lawyers—a law degree (or bar admission) may not technically be required to serve as a compliance officer, but it is increasingly seen by organizations as desirable, and is often becoming a requirement. The course will examine the role of the compliance function within a corporation or other organization and its relationship to other organizational roles and to regulatory agencies.  It will also examine a number of current or recent situations in which problems—crises for the organizations involved—have been uncovered and will consider how more effective compliance programs might have unearthed them earlier, in time to avoid the crisis. Quite often (and contrary to the popular image), the best service a lawyer can perform for her client, but one that is invisible to public awareness, is to foresee a potential issue and adopt changes that avoid its occurrence. This course will provide some of the tools useful in that endeavor. The course will require two short (2-3 pages) papers and one longer paper (10-15 pages) in lieu of an exam.

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

This course will examine some general jurisprudential and moral issues related to the American system of capital punishment. The course will focus primarily on the development of the law governing capital punishment in the United States since 1970. Some of the main themes include: the legal structure of the Supreme Court's post-1970 death penalty jurisprudence, the scope of available appellate and post-conviction review in capital cases (particularly federal habeas review), the ubiquitous problems surrounding the representation afforded indigent capital defendants, proportionality limits on the imposition of the death penalty for various offenders (e.g., juveniles and persons with intellectual disability), the role of racial discrimination in the administration of the death penalty, and the likely trajectory of the American death penalty. The course will be graded on a letter-grade basis for all students who are not taking the class credit/fail, and will satisfy the constitutional law II requirement. Grades will be based upon an open-book final examination.

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

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

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

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

ACTUAL INNOCENCE CLINIC IS A 6-HR. CLINIC. Students screen and investigate claims by inmates that they are actually innocent of the offenses for which they are incarcerated. While investigating cases, students typically interview witnesses, research cases and issues of forensic science, and review trial transcripts and other court documents. The weekly clinic class addresses topics relevant to actual innocence law and procedure.

An application is required.