Course Schedule

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.

In the modern regulatory state, the primary instrument of ordered social change is legislation. But legislation must first be written before it can perform this role. This course explores the interpretation and application of statutes, and their effect on the systemic implementation of societal change, through the problem-solving art of legislative drafting. We will consider fundamental concepts necessary for successful legislative drafting including, among others, the functions of statutes; implementation concerns and solutions; and executive and judicial encroachments on legislative powers and responses. We will examine public policy problems through in-class exercises related to the drafting, consideration, and adoption of legislation. Using the context of a state legislative committee's consideration of legislation (with students assuming the role of legislators), students will debate, amend, and vote on legislation on topics of interest to the class. Each student will prepare a proposed law or constitutional amendment and an accompanying legislative memorandum of law; students will also draft amendments, other proposed language, and riders as legislation is debated in class. Students also will have the opportunity to strengthen their oral advocacy skills through the in-class legislative debate. This course is ideal for those looking to practice law in a legislative, administrative, or regulatory environment. 

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 course focuses on the acquisition of professional skills necessary to perform two separate roles in the mediation process: legal advocate and mediator. During the course, students will learn the social and political bases for the development of alternative dispute resolution procedures; become familiar with different models of negotiation and mediation; study the legislation that regulates the practice of mediation, especially in Texas courts; increase awareness of personal strengths and weaknesses in communication and negotiation and improve those skills; acquire advocacy skills for representing clients in mediation; acquire the essential skills necessary to mediate interpersonal and legal disputes; and develop a framework for making ethical decisions as a legal advocate or mediator in the mediation process. Students will read books, participate in negotiation and mediation role plays, complete testing instruments and exercises designed to enhance communication and negotiation skills, and prepare a reflective journal. The course is designed to fulfill the statutory minimum requirements in Texas for a basic training course in dispute resolution techniques.

This course focuses on the acquisition of professional skills necessary to perform two separate roles in the mediation process: legal advocate and mediator. During the course, students will learn the social and political bases for the development of alternative dispute resolution procedures; become familiar with different models of negotiation and mediation; study the legislation that regulates the practice of mediation, especially in Texas courts; increase awareness of personal strengths and weaknesses in communication and negotiation and improve those skills; acquire advocacy skills for representing clients in mediation; acquire the essential skills necessary to mediate interpersonal and legal disputes; and develop a framework for making ethical decisions as a legal advocate or mediator in the mediation process. Students will read books, participate in negotiation and mediation role plays, complete testing instruments and exercises designed to enhance communication and negotiation skills, and prepare a reflective journal. The course is designed to fulfill the statutory minimum requirements in Texas for a basic training course in dispute resolution techniques.

This course is designed to facilitate the development and refinement of knowledge and skills necessary to fulfill the mitigation function on capital or non-capital defense teams. The goals of the course are to introduce students to roles and responsibilities of mitigation specialists and sentencing advocates and facilitate the development of skills needed to work within interdisciplinary defense settings. The course will take a broad interdisciplinary approach to sentencing advocacy, providing students with an opportunity to learn legal frameworks that govern the presentation and consideration of mitigating evidence. Through both conceptual instruction and low-ratio supervision workshops, students will learn to develop a biopsychosocial history of the client, interview and forge relationships with clients and their family members, identify underlying causes of behavior, and facilitate restorative solutions for the client and community. Learning will culminate in the production of a compelling mitigation presentation.

This course will bring together interdisciplinary teams of social work undergraduate and masters-level students working in combination with UT law students. Given the interdisciplinary nature of mitigation work, a small number of seats will also be reserved for students from other disciplines including communication, education, psychology, sociology, and others. Students from different educational backgrounds and concentrations will work together in small diverse groups to produce and present assignments to the larger class. The course will be taught by a combination of lawyers and practicing mitigation specialists, and will feature guest lectures and presentations by leaders in the mitigation field.

Course Objectives

At the conclusion of this course, students will be able to:

1. Demonstrate engagement, assessment, intervention and evaluation skills relevant to developing mitigating evidence in a capital or non-capital case; this may include document collection, interviewing, consulting with experts and other skills related to biopsychosocial history and investigation.
2. Understand legal frameworks for the presentation and consideration of mitigation evidence.
3. Constructively participate as a member of an interdisciplinary team while: retaining professional identity; brainstorming issues and problems that arise in the defense of criminal cases; and developing strategies to address them.
4. Discuss and work through ethical issues that arise in capital and noncapital cases.
5. Demonstrate how to incorporate multimedia strategies and tools to present the most compelling mitigation presentation in a given case.
6. Encourage creativity and interdisciplinary conceptualization of overarching themes and stories that arise in capital and noncapital cases.
7. Critically examine the context of systemic and structural oppression and other relevant social justice issues on the micro, mezzo, and macro level.

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.

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.

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 out-of-class negotiation problems should enroll for this course.

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.

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.

My goal for each student taking this class is to teach you as much about the new venture creation process as possible. Regardless of the line of work you pursue after earning your master’s degree, your ability to approach a business problem using an entrepreneurial skill set will always be valuable and differentiate you from your peers. What frequently is the deciding factor for financing a venture, whether inside a large company or in the private equity markets, is the entrepreneur’s ability to articulate what the business is about, why it will succeed and ultimately how it will produce enough of a profit to give investors a return on their investment. Your ability to do this has very little to do with the actual writing of the business plan. The best business plans and presentations are the documentation of well thought-out and thorough market validation, business model development and financial projections passionately communicated and firmly grounded in facts. By performing these functions effectively, the writing and presenting of the business plan becomes a straight-forward, objective process. This class is designed to give you the hands-on experience of developing all of these skills while producing a viable plan for a new venture. I strongly encourage you to think of this as an opportunity to develop a business plan for a venture you will likely pursue at some point in your career. The format of this class will cover each of the major components you need to develop a viable business and review real business plans and presentations from previous Venture Labs Investment Competitions (formerly Moot Corp®) using case based analysis. This will give you the theory and the practical application of the theory in a real world environment. This course can only be taken for a grade.

The course is primarily focused on domestic onshore oil and gas law, including common property interests created in oil and gas, with limited consideration of developing law on renewable energy and climate. 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 renewable energy, climate change litigation and federal environmental regulation. 

Evaluation of student performance will consist of a final examination (including essay questions or a combination of essay and short-answer questions) plus attendance and class participation credit.

The objective of the class is to give students a hands on experience of the major issues in patent cases that are joined between case filing and pre-trial. Students will take briefing from actual motions that were previously pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court. Magistrate judges and technical advisors who handle discovery motions and Markman hearings will be invited to handle some of the classes to expose the students to a wider variety of judges. Additionally, in-house and outside counsel patent trial lawyers will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the Austin federal courthouse. Accordingly, students should expect some non-standard meeting times. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course.

Standard motions in patent cases that students should prepare to undertake are:

1. Motion to dismiss under Rule 12(b)(6) or Section 101
2. Motion to transfer either from Waco to Austin or from the WDTX to another district
3. Markman hearing to construe claim terms
4. Discovery motion 
5. Motion for summary judgment
6. Daubert motion

This one-credit, five-day graduate seminar examines decision-making from both a theoretical perspective and from its execution in practice.  The course introduces students to various models of decision-making; explores cognitive biases in decision-making; and examines how decision-makers often use — and misuse — historical analogies and lessons from history. The course also focuses on the concept of risk and decision-making under conditions of risk and uncertainty, as well as the effects of groups and bureaucratic politics on decisions. Drawn, in part, from the professor’s nearly six years on the National Security Council (NSC) staff at the White House, the seminar will incorporate select examples from U.S. national security. That said, the theories, pitfalls, and best practices studied throughout the course also apply to business, public policy, and leadership decisions more broadly.

• Class #1: Monday, 21 August, 5:30-8:30pm CT• Class #2: Monday, 28 August, 5:30-8:30pm CT• Holiday: Monday, 4 September, Labor Day. No classes.• Class #3: Monday, 11 September, 5:30-8:30pm CT• Class #4: Monday, 18 September, 5:30-8:30pm CT• No Class: Monday, 25 September. Prep for Presentations & Papers. • Class #5: Monday, 2 October. Presentations & Papers Due. Final class.

This course provides a foundation that will introduce students to the use of a variety of analytic tools employed in the policymaking process. We pay particular attention to the major players in the process, and how gender in conjunction with race and ethnicity have become more salient in policy formation. Given the centrality of health care to the modern welfare state, we will examine how gender, race, and ethnicity influence health policy. Toward that end, the class will examine the gender dimensions of health, illness, and the health 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 interact with other sources of disadvantage, economic and political structures, and culture. In the past the health care system often ignored gender, as well as race-and ethnic-based differences in health and health-care needs.

These gaps in knowledge concerning risks and appropriate treatments have very specific consequences that we will investigate and debate. 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 men and women’s health problems. Furthermore, 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.

The second objective of the course is for students to develop an understanding of the major sources of health social policy data (e.g., demographic statistics, administrative records, health surveys, etc.). Our objective is to develop a critical understanding of the appropriate use of health-related data and to determine how they can best be used to evaluate a broad array of public policies.Finally, throughout the semester we examine the role of different levels and branches of government, touch upon the role of local, state and federal agencies in health policy formation and implementation (e.g., Medicaid), the politics of the medicalization of women’s issues including childbirth, refugee and immigrant health, and more. Alternative political ideologies regarding state and private responsibility for women’s health will be compared and contrasted. This involves gauging 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.

Note that the book course deals with rapidly evolving issues and readings serve as a point of departure. They will be adjusted in conformity with student interests and as current events warrant.

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

The process of forming and capitalizing private equity and venture capital funds is a foundational first step to an understanding of how private companies are financed globally. Over the course of the week, students will develop an understanding of each player in the fund formation process (e.g. limited partners, general partners, lawyers, placement agents, etc.), each party’s leverage points, and how each party is necessary for a successful fundraise. We will also walk through all of the necessary documents in a fundraise (e.g. limited partnership agreements, private placement memorandum, side letters, etc.) and, through the use of example provisions, learn the various negotiation points that each party is focused on.

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.

This course will introduce students to core concepts and doctrines in the field of professional responsibility. It will touch on all of the subjects needed to prepare for the Multistate Professional Responsibility Examination. The class will be taught through case examples and problems. Students will take an in-class examination. This course fulfills the Professional Responsibility requirement for graduation. 

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.

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.