Course Schedule

Insurance is one of the most important tools for the management of risk by both private and public enterprises. Insurance law is a hybrid of contracts and administrative law: parties enter contractual relationships which are regulated by the state. The course introduces students to the core principles and institutions of insurance. We will approach insurance law from a law and economic perspective, aiming to understand how insurance institutions affect economic behavior of insureds, insurers and their lawyers. Broad issues to be covered include fraud, moral hazard, adverse selection and other types of divergence of incentives. We will build on these theoretical issues and attempt to understand the various doctrines developed by common law courts as strategies to deal with these problems. In addition, the course provides knowledge of basic insurance law governing insurance contract formation, the interpretation of insurance contracts, insurance regulation and more, especially in areas such as property, life, health, disability, automobile (including uninsured motorist coverage), professional and liability insurance.

This course will survey the fundamentals of the three main federal fields of intellectual property law: copyright, patent, and trademark law. Time permitting, we will also discuss some other subfields, such as trade secret law and publicity rights. In addition to the legal doctrines, the course will examine economic as well as other philosophical justifications in order to allow a better grasp of the current law and possibilities for its reform. Although new technology is not the main focus of the course, the class will examine some of the more important intellectual property issues raised by recent technological developments, especially in the digital and internet environments.

Anticipating a career in civil or criminal litigation? This class is designed for the advocacy student interested in improving advocacy skills through intensive training exercises and immersion into trial, arbitration and civil litigation skills. In the Intensive Advocacy course, students are divided into small groups and tracts allowing them to focus on the distinct skills for their preferred practice area. The course is almost exclusively experiential (skills based), with students receiving constant feedback in a fun, safe environment. The class provides networking and possible employment opportunities with local attorneys and judges serving as instructors and guests.

This class is restricted to 3Ls only.

Prerequisites: Advocacy Survey and Evidence.

International arbitration specialist practioners, experienced in international disputes worldwide, provide students with legal knowledge and practical skills to navigate all aspects of international commercial arbitrations. Those include forum selection, analysis of various nations' arbitration laws, planning and drafting, arbitrator selection and challenges, enforcing arbitration awards. 

International commercial transactions almost invariably require international arbitration of disputes, so a lawyer who intends to practice across borders should know this area of practice. International arbitration is one area where states have delegated a judicial function to private individuals. Those individuals (arbitrators) enjoy wide discretion, act as judge and jury, and render globally portable awards that national courts reivew (for the most part) deferentially. Understanding that delegation, which can differ from country to country, allows students to appreciate what can, and should, be left to private ordering of disputes. The course will address the major topics in international arbitration: its contractual nature; the “who (court or arbitrator) decides” question; choice of law; arbitrator selection; the role of international treaties; and review and enforcement of arbitration agreements and awards. Student performance is evaluated on a final exam, but a substantial portion of the final grade depends on class participation.

This course examines the U.S. income tax laws and policies relating to the taxation of foreign persons' investment or business activities in the United States ("inbound") and U.S. persons' direct or indirect investment or business activities in other countries ("outbound"). After an introductory overview, it addresses the taxation of inbound activities, covering, principally, the topics of residence, the source of income and deductions, the taxation of investment activities (including portfolio investment and real estate investment), and the taxation of U.S. business activities of foreign persons. The subsequent consideration of the taxation of outbound activities concentrates primarily on the foreign tax credit system, the 100% deduction for certain foreign-source dividends received by a U.S. corporation from a foreign corporation, and the various anti-deferral regimes (principally the rules for Subpart F income and global intangible low-taxed income ("GILTI")) that apply to certain U.S. shareholders of foreign corporations. Throughout, the course examines the relevant U.S. domestic law and treaty provisions. Because class enrollment is limited to 14 students, the Law School's grading curve will not apply (except that A+ grades are limited to no more than 6% of the students in the course, rounded up to the next whole number, meaning that only 1 A+ is allowed in the course). 

Prerequisite: Federal Income Tax

Required Textbooks:

(1) Robert J. Peroni, Karen Brown & J. Clifton Fleming, Jr., Taxation of International Transactions: Materials, Text, and Problems (5th ed. 2021) 

(2) International Income Taxation—Code & Regulations—Selected Sections, Robert J. Peroni, Coordinating Editor (Wolters Kluwer/CCH, 2023-2024 edition)

Recommended Textbooks (Optional):

(1)  Mindy Herzfeld, International Taxation in a Nutshell (West Academic, 13th edition, 2023)

(2) Joseph Isenbergh & Bret Wells, International Taxation (West Academic/Foundation Press, 2022 edition) (Concepts and Insights Series)

Students will arrange their work schedules with their supervisor. They are expected to work about 10 hours per week per semester.

Exams:        None

Registration Information:

This course is restricted to upper class students only. Federal Public Defender Internship – APPLICATION REQUIRED: https://law.utexas.edu/internships/federal-public-defender-internship/course-information/

To apply, please email a copy of your cover letter, resume and transcript (unofficial is fine) to Prof. Susan Klein at sklein@law.utexas.edu and to Assistant Federal Public Defender Horatio Aldredge at horatio_aldredge@fd.org. Students interested in this internship can obtain additional information by stopping by Prof. Klein’s office at TNH 3.207 (her office hours are Wed. 3:30 – 5:00 pm), or calling or texting her at (512) 203-2257. They may also call Mr. Aldredge at (512) 916-5025.

** This course meets the Professional Skills requirement for graduation.

** Course Description:

This internship program offers students the opportunity to apply for “for-credit” internship positions with the Federal Public Defender’s Office for the Western District of Texas, Austin Branch. Students will assist in the defense of federal criminal cases under the supervision of Mr. Aldredge and other assistants. Information on the Federal Public Defender Office is available at: http://txwd.fd.org/austin. The office is located downtown at 504 Lavaca St., Suite 960, Austin, TX 78701. The internship requires a 10 hour per week commitment, but not all those hours need to be completed at the Fed. Public Defender Office. Students should expect to spend at least one day per week at the office or in federal court.

Students earn 2 credits (pass/fail) for the fall semester and, if they enroll in the spring, they earn another 2 credits (pass/fail) for spring semester. Students are encouraged to commit to a full academic year of internship study, but one semester applications will also be reviewed. This internship program is not available during either summer session.

Students may wish to enroll in the Fall 2023 Adv. Fed. Crim. Prosecution and Defense seminar, co-taught by Prof. Klein and Aleza Remis. They might also consider enrolling in Fed. Crim. Law, taught in the spring by Prof. Klein and in the fall by Judge Robert Pitman. Applicants may also benefit from having completed one or both Criminal Procedure courses, Evidence, any upper-level criminal justice course, and any internship or clinical program in the criminal justice field. None of those courses are required.

The application deadline for the next academic year is March 27th, 2023. Interviews are conducted at the Career Services Office or via Zoom. Though students will know whether or not they are admitted before fall registration, the unique registration number for the fall 2023 internship will not be available until April 15, 2023.

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 1 credit 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 fall semester during the prior spring semester, some as early as March. A few make their selections closer to the start of the semester. A student who wishes to intern for academic credit must obtain the internship and apply to the instructor in time to attend the first class meeting. For the application for approval to register and more information about the Judicial Internship Program, go to https://law.utexas.edu/internships/judicial-internship/.

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

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 1 credit 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 fall semester during the prior spring semester, some as early as March. A few make their selections closer to the start of the semester. A student who wishes to intern for academic credit must obtain the internship and apply to the instructor in time to attend the first class meeting. For the application for approval to register and more information about the Judicial Internship Program, go to https://law.utexas.edu/internships/judicial-internship/.

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

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)

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.

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.

Instructors: Captain Andrew Lane and Prof. Susan R. Klein

No class meeting information is available for this class. Students will arrange their work schedules with their supervisors. They are expected to work about 10 hours per week during the fall 2023 and spring 2024 semesters.

Exams:            None

Registration Information:

This course is restricted to upper class students only. U.S. Army Externship – APPLICATION REQUIRED: https://law.utexas.edu/internships/u-s-army-internship/u-s-army-internship-course-information/

To apply, please e-mail a copy of your cover letter, resume and transcript (unofficial is fine) to Prof. Klein at sklein@law.utexas.edu and Captain Andrew Lane at andrew.d.lane7.mil@army.mil.  Students interested in the externship are encouraged to stop by Prof. Klein’s office at TNH 3.207 (her office hours are Wed. from 3:30 to 5:00 pm). You may call or text her at (512) 203-2257, or send her an e-mail at the above address. Alternatively, you may call Captain Lane at (770) 597-6542, or send him an email at the above address. You can reach the Fort Hood Trial Defense office at (254) 287-0476.

** This course meets the Professional Skills requirement for graduation. **

Course Description:

This externship program offers students the opportunity to apply for “for-credit” externship positions with the United States Army Trial Defense Service, Fort Hood Field Office. This course offers students a two-credit (pass/fail) externship to be completed over the fall 2023 semester and a two-credit (pass/fail) externship to be completed over the spring 2024 semester. While this externship program is not available during either summer session, students are welcome to apply for summer positions directly with that office. Students participating in this program must commit to both long semesters.

Students will assist defense counsels and paralegals in administrative separations and criminal proceedings pursuant to the Uniform Code of Military Justice. The Fort Hood Legal office is the largest and busiest office in the Army. Attorneys there have federal felony jury trials monthly, similar to those seen in a Federal District Court but often with crimes and facts unique to the military. Army JAG officers regularly change jobs, working as prosecutors, magistrate judges, defense attorneys, national security attorneys, and trial/appellate judges. This creates a level of collegiality and rapport not seen in criminal justice practice elsewhere.

Applicants may benefit from having completed or being enrolled in an upper-level criminal law course such as Adv. Fed. Crim. Prosecution & Defense, Federal Criminal Law, National Security Law, Cybersecurity Law, Criminal Procedure, Evidence, or Computer Law. None of those courses are required.

The externship component requires a commitment to work 10 hours per week, though not all hours must be completed at the office. Students should expect to spend one day per week at Fort Hood Trial Defense Service, 330 761st Tank Battalion Ave, Fort Hood, Tx 76544, working in the office or in court. Ft. Hood is located about halfway between Austin and Waco, a bit over an hour’s drive from the law school or about 50 minutes from Georgetown.

The application deadline for the next academic year is Friday, July 21, 2023. Interviews are conducted at the Career Services Office or over Zoom.

Additional information about the U.S. Army Trial Defense Service, is available at: Trial Defense Service Public (army.mil).

No class meeting information is available for this class. Students will arrange their work schedules with their supervisors. They are expected to work about 10 hours per week during the fall 2023 and spring 2024 semesters.

Exams:            None

Registration Information:

This course is restricted to upper class students only. U.S. Attorney Internship – APPLICATION REQUIRED. Application and/or instructions on how to apply for this internship can be accessed on the web: https://law.utexas.edu/internships/u-s-attorney-internship/course-information/

To apply, please e-mail a copy of your cover letter, resume and transcript (unofficial is fine) to Professor Klein and AUSA Matt Harding. Please also send copies of the above to usatxw.staffing@usdoj.gov. Students interested in the internship are encouraged stop by Prof. Klein’s office at TNH 3.207 (her office hours Wed. from 3:30 to 5:00 pm). You may call or text her at (512) 203-2257, or send her an e-mail at sklein@law.utexas.edu. Alternatively, you may call AUSA Harding at (512) 916-5858, or send him an e-mail at matt.harding@usdoj.gov.

** This course meets the Professional Skills requirement for graduation. **

Course Description:

This internship program offers students the opportunity to apply for “for-credit” internship positions with the United States Attorney's Office for the Western District of Texas, Austin Division. This course offers students a two-credit internship to be completed over the fall 2023 semester and a two-credit internship to be completed over the spring 2024 semester, resulting in a total of 4 credits (pass/fail) for the academic year. This internship program is not available during either summer session.

Students may wish to enroll in the fall three-unit Adv. Fed. Crim. Prosecution & Defense seminar, co-taught by Prof. Klein and Aleza Remis. Students may also be interested in the three-unit Federal Criminal Law course taught by Prof. Klein in spring 2024 and the seminar taught by Judge Robert Pitman in fall 2023. Applicants may benefit from having completed either Criminal Procedure course, Evidence, any upper-level criminal law course, and any internship or clinic in the criminal justice field. None of those courses are required.

The internship component requires a commitment to work 10 hours per week for each semester, though not all hours must be completed at the office. The U.S. Attorney's Office is downtown at 903 San Jacinto Blvd., Suite 334, Austin, Texas, 78701. Students will assist in the prosecution of federal criminal cases under the supervision of Matt Harding, Dan Guess, and other Assistant U.S. Attorneys. Students should expect to spend at least one day per week at the office or in federal court.  Students must commit to both semesters.

The application deadline for the next academic year is Monday, March 27, 2023. Interviews are conducted at the Career Services Office or over Zoom. Though students will know whether or not they are admitted before fall registration, the unique registration number for the fall 2023 internship will not be available until April 15, 2023.

Additional information on the U.S. Attorney’s Office is available at: www.usdoj.gov/usao/txwd/.

Students may also review https://www.justice.gov/legal-careers/job/law-student-volunteer-academic-year-2023-2024.

In the past few years, employee workplace protests and strikes have proliferated in a manner not seen since the 1930s. Surveys show that 71% of Americans approve of labor unions--the highest since 1965--and the National Labor Relations Board reported a 58% increase in union election petitions filed in 2022. With major union victories at nationwide franchises, including Starbucks and Amazon, the landscape for organizing has been changing with employees often choosing nontraditional worker-lead unions. However, substantial obstacles remain for employees hoping to unionize, as reflected in the low private sector unionization rate of only 6%.

This introduction to labor law will cover the basics of the National Labor Relations Act (governing private sector employees), as interpreted in National Labor Relations Board case law and Supreme Court precedent, with a particular emphasis on connection to current news events. The class will review and discuss labor law topics, ranging from:  what constitutes concerted, protected activity; social media rules; causation in Section 8(a)(3) discrimination cases; property rights and organizing; the election process; the duty to bargain in good faith; strikes, lockouts and other employer responses to organizing; the collective bargaining process; and the union’s responsibility to represent its members. 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 mid-term paper and be tasked with weekly debate topics. A final exam will be administered at the end of the semester.

• Guest speakers will include NLRB officials, as well as union and management side labor counsel. 

• Adjunct Professor Sonya Spielberg is a Senior Counsel at the National Labor Relations Board in Washington, D.C., with more than 25 years' experience in public and private sector labor law.

Jurisdiction and Judgments is a course in Conflict of Laws. Conflict of Laws addresses issues that may arise when a dispute or transaction has connections with more than one state or country. The subject is generally divided into three interrelated topics: (1) territorial jurisdiction (and related doctrines), (2) choice of law, and (3) recognition and enforcement of foreign judgments. This course focuses on the first and third topics: territorial jurisdiction, forum non conveniens, forum selection clauses, and the recognition and enforcement of judgments rendered by other states and countries. Choice of law is the focus of a separate course titled “Conflict of Laws,” and is covered in this course only to the extent necessary to fully understand other topics. At the end of the semester, students should have developed a sound understanding of the topics covered in this course, including policy considerations that may shape further development of the law.

The course begins by developing my position on legitimate and valid legal argument in the United States. That position is based on (1) the postulate that to be morally legitimate the use of a legal argument must be consistent with the moral commitments of the society in which the legal argument is being made and (2) an "empirical" conclusion that the United States is a liberal, rights-based society (i.e., a society whose members and governments draw a strong distinction between moral-rights discourse and moral-ought discourse, are committed to moral-rights conclusions) trumping moral-ought conclusions when the two conclusions favor different outcomes, and derive their moral-rights conclusions from a basic commitment to treating all moral-rights- bearing entities for which they are responsible with appropriate, equal respect and concern. The combination of the above postulate and empirical finding lead me to conclude that (1) arguments derived from the liberal principle just articulated are not only inside the law but are the dominant mode of legitimate and valid legal argument in the United States (dominant in that they operate not only directly but also by determining the legitimacy, legitimate variant of, and legitimate weight to be given to the other modes of legal argument that are actually made in our society) and relatedly (2) there are internally-right answers to all legal-rights questions in our society. The second part of the course then explores a variety of moral-philosophical and jurisprudential alternatives to my own. The third part analyzes from my and various alternative moral and jurisprudential perspectives a variety of various judicial opinions that deal with these issues. The fourth part executes parallel analyses of a variety of "appropriate, equal concern"- real Constitutional Law issues and judicial opinions. I expect to focus particularly on affirmative action, the right to die, right to a liberal education, and the possible right to a minimum real income or minimum share of the societal-average minimum real income.

This course focuses on intermediaries in the capital markets -- those who trade, facilitate structure, or manage securities investments.  Modern capital markets are dynamic and innovative, as creative and highly paid bankers, investment managers, and their lawyers attempt to navigate an ever-changing economic and regulatory environment.  Students will gain an understanding of the institutional workings of the securities business and its legal regulation, with an eye toward recent developments and interesting economic problems. Topics include:

·         Pre-IPO trading, IPO underwriting, SPACs, and other IPO alternatives;

·         Investment companies, investment advisers, and broker dealers.

·         Efficient markets theory and implications for investment advising;

·         Structure and marketing of asset-backed securities, such as CDOs; 

·         Banking, shadow banking, and the demand for safe assets;

·         Banking competitors, such as crypto/stablecoins and money market mutual funds;

·         Market making, payment for order flow, and “gamification” of retail trading.

The course utilizes a case study approach, with examples drawn from (relatively) recent events, which include Facebook’s pre-IPO trading, Tether, the Bernie Madoff Ponzi scheme, Goldman’s ABACUS trade, the Lehman collapse, Robin Hood, and GameStop.

Evaluation is based on class discussion/participation and student group presentations.

This course is aimed at students who are planning to work as investment bankers, investment managers, broker/dealers, or legal advisors thereto, and the goal of this course is to equip students with an overview of the economic concerns that drive much capital markets activity and the consequent legal regulation that attempts to improve capital markets operation.  This course is intended to be an accessible survey for all business and law students; no prior knowledge of economics, securities markets, or law is assumed.

The legal framework of commercial real estate finance and development, including basic real estate law concepts, legal aspects of financing techniques and instruments, subdivision land-use controls, environmental regulation of real estate development, and other topics.

A survey of a range of core legal practice areas, including copyright, trademark, insurance, employment, immigration, contracts (with artists, sponsors, vendors and others), and working with municipalities using the backdrop of a live festival event. Expect guest lecturers from within the industry. 

This course will cover a range of poverty law issues, including how poverty is measured, major themes in poverty law, and the most important constitutional law cases. Specific issues will include: welfare, work, housing and land use, health, education, criminalization, and access to justice. We will also spend time on the relationship between market forces and public policy, including an opportunity to apply learnings to a current policy issue.

At the end of the course, students will:

• improve their logical reasoning when faced with alternative fact patterns or rules
• learn the basic substantive material of Poverty Law so that they can bring that knowledge into practice following law school
• be able to put themselves into the shoes of different parties, understanding how parties to a dispute will view things from their unique perspectives 

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.

Introduction to problem-solving through law-practice simulation. Focuses on legal research, writing mechanics, predictive written analysis, and oral presentation of research results.