Course Schedule

This course provides a basic introduction to public international law. It will survey the basic principles of international law including: the sources of international law; the law and interpretation of treaties; the relationship between international and domestic law; and jurisdictional competencies. It will also examine a number of specific subjects including: the use of force; human rights; humanitarian law; international criminal law; and terrorism.

This course will examine historic and contemporary issues of race within American law and jurisprudence. We will scrutinize how law has been used at the state and federal level to maintain systems of oppression, perpetuate hierarchy and how it has also been used as a tool to remedy those injustices.  Critical Race Theory will be the primary lens through which we analyze the assigned materials. Through this course, students will learn substantive principles dealing with race; study the growing body of legal scholarship known as Critical Race Theory; and examine the inherent potential (and limits) of law to be used for social change.  Grades for the course will be based upon class participation, a group presentation and completion of a paper (20 page double-spaced pages, inclusive of footnotes). Students’ papers may examine any issue concerning race (citizenship, education, health care, housing, criminal justice, etc.) so long as a substantial focus of the paper is an examination of doctrinal, theoretical, and/or policy-based facets of a legal problem and corresponding solutions.

Introduction to Real Estate Law and Practice is for students with little or no knowledge or experience in the industry. This course will begin with an introduction to the commercial real estate industry, including the basic vocabulary and law. This course will review legal theory in the areas of contracts, property (including condominium law), agency, tax (federal income tax and property tax), land use, and business entities; and will apply those areas of law to purchase and sale agreements, brokerage arrangements, leases of improved real estate, choice of ownership entity, acquisition and construction financing, eminent domain and insurance. This course will include a discussion of various types of legal practices in the area of real estate law. This course will only tangentially deal with residential real estate. Materials to be used will include materials supplied by the professor in PDF format. There are no formal prerequisites.

Standard-form agreements purporting to bind consumers and employees are the most common form of contracts that exist in the United States. These contracts often contain provisions like arbitration clauses, exculpatory clauses, non-compete agreements, non-disparagement agreements, liquidated damages clauses, privacy waivers, and more. Each of these contract terms has generated term-specific case law and regulation. Students will learn about these clauses and the applicable law governing their enforceability, while critically evaluating both. The course requires each student to participate in an end-of-term “writer’s workshop,” which in turn requires students to present their ideas to the class. The workshop aims to provide constructive feedback to students on their work product before they submit their final papers.

Economic theory has had a large impact on legal thinking. Behavioral Economics seeks to identify predictable patterns of behavior that do not fit into the rational-choice paradigm; its ultimate goal is to improve the predictive capacities of social science. This seminar will explore Behavioral research on framing effects, loss aversion, risk compensation, mental accounting, time-inconsistent preferences, self-serving biases, perceptions of fairness, and happiness. Several of these behavioral patterns can be used to suggest that, in certain situations, peoples' autonomous choices may not result in outcomes that are best for them even under their own theories of "best." Accordingly, we will also discuss potential policy responses and the appropriate limits of paternalism.

This course will cover current health care business and regulatory issues, including (1) laws prohibiting payments and benefits by hospitals to physicians in exchange for patient admisssions and referrals, (2) whistleblower lawsuits within the health care industry and uncovering and self-disclosing improper health care arrangements, (3) indictment of health care lawyers participating in illegal transactions, (4) prohibitions against the corporate practice of medicine and fee-splitting by physicians, (5) non-competition agreements in the health care industry, and (6) business and contractual disputes and tortious interference claims between hospitals and physicians and other health care providers.

This writing seminar will focus on the substantive and procedural legal issues which relate to the protection of children. The first six classes of the seminar will provide an overview of child protection issues. The first class will include a presentation on child abuse and neglect cases; what it is and what it is not. The distinction between criminal child abuse cases and civil child protection (CPS) cases will be discussed.  The next five classes will cover the duty to report child abuse, the removal of children from their homes, termination of parental rights, systemic problems within the foster care system, the rights of children and their parents in child protection proceedings, and the criminal prosecution of child abuse. The readings for the first six classes are posted on canvas or cites for the internet link and Westlaw are provided in the syllabus and on canvas. Students are expected to read and be prepared to discuss the assigned readings in class. Any changes in the class schedule will be posted on canvas. (Occasionally, the order of topics will alter from the initial outline due to availability of guest speakers. Additional readings and discussion may be supplemented which will include the interplay of the protection of children with other areas of the law such as immigration, education law, and family law. Grades will be based on the 1) outline, 2) first draft of paper, 3) feedback to the class regarding mandatory observation of CPS docket, 4) class participation, 5) in-class presentation of paper, 6) critique of another student's paper, and 7) 25-30 page final paper.

This is a colloquium-style writing seminar on cutting-edge research and issues involving complex litigation.  In most of the classes, we will host a workshop during which a leading scholar, typically from another University, will present a paper on which the speaker is currently working.  Students are required to write short critiques of each of the speakers’ papers, and the critiques typically will be provided to the speaker.  Students receive detailed comments from both professors on each of their papers. 

This seminar explores modern legal structures - legislative and judicial - of the Middle East. It introduces students to the process by which traditional Islamic law was transformed into state law in the 19th and 20th centuries CE, by investigating debates on codification, legal modernity, and legal borrowing. With the emergence of the modern nation-states across the Muslim World, many countries accorded constitutional status to Islamic law as “a source” or “the source” of law and some states purport to base their entire systems on versions of Islamic law. The formation of the modern legal regimes in the Middle East was a hybrid product of Islamic and western legal traditions, which raises questions about legal authority, legality, and the creation of modern legal and judicial institutions. The course aims to encourage comparative legal analysis to assess generalizations about law typically formulated with respect to Western legal traditions. The course discusses cases and codes from Egypt, Israel, Turkey, Iran, and Saudi Arabia. The topics covered in this course are constitutional law, judicial review, administrative law, obligations, commercial law, family law, human rights, and criminal law.

For most of their history, credit cards have been largely unregulated. That changed in 2009 with the passage of the CARD Act, which directly regulated their substantive terms for the first time. Credit cards are receiving even more scrutiny from the new Consumer Financial Protection Bureau (CFPB). In this seminar, we will examine how these changes have affected the credit industry and the consumers who borrow from it. Questions to be considered include: Has regulation decreased the supply or increased the price of credit? Have the new laws helped consumers, or have they negatively restricted consumer choice? What provisions have been most and least effective? What lessons can we apply to other consumer credit relationships? And perhaps most importantly, are these laws an aberration in the history of a free-market product, or is regulation the future of credit cards? We will also briefly touch on credit card fraud and the conflicts between credit card issuers and merchants. We will read a variety of materials, including CFPB publications about the agency's latest enforcement actions. Grades will be apportioned as follows: 50%, final papers; 25%, students' first draft of their papers; and 25%, class paritipcation. 

This seminar concerns the laws, policies and politics that define political participation rights in our American democracy and therefore influence the ability to build and exert power in our society. We explore these rights from a variety of vantage points, considering what our democracy means for individuals, communities and governmental actors and how those understandings have evolved over time. As much as possible, current political events and policy debates — particularly those impacting our Texas democracy — are used to challenge and dissect the legal principles and ideas we discuss. Particular focus is given to the communities who have been excluded from positions of power over the course of this country’s history, particularly Black Americans and other persons of color, immigrants, young Americans, and less wealthy Americans. 

No background in politics or political science is required. 

At the end of the course, you should have a strong baseline understanding of the constitutional and federal law that shapes election administration and political participation rights, and recognize how that law has evolved over time. You are also expected to hone your ability to critically analyze and deliver legal arguments through classroom discussion and debate. Finally, the essay assignments and your final paper are intended to sharpen your written communication skills, especially your ability to express novel ideas and persuade a reader of your position. 

The Endangered Species Act has been labeled "the pit bull of environmental statutues" because of the strong protection it provides to imperiled plants and animals. But almost 50 years after its near-unanimous passage by Congress, the Act is a lightening rod for controversy. It is often criticized by developers for causing delays and higher costs, and by environmentalists for failing to live up to its full potential, because it seldom stops projects altogether. This seminar will explore Act's record and the data that elucidate the effectiveness of the Act and the extent to which it hinders (or not) economic development in the United States. We will focus on the key legal issues associated with implementation of the federal Endangered Species Act and examine the unique challenges associated with addressing the threats to biodiversity that are posed by climate change, especially during a time that portions of the public and some policy makers are expressing skepticism about science. Students will read and discuss articles and excerpts from books about the Endangered Species Act, biodiversity protection, and climate change. After an introductory session on the structure of the Endangered Species Act, the seminar will focus on: (1) the importance of the Endangered Species Act in preventing species extinctions and the Act’s track record; (2) the responsibilities of federal agencies and non-federal actors to avoid harm to endangered species and promote species’ recovery; (3) conflicts between water and land development and endangered species protection; (4) incentives for private landowners to protect rare species; (5) the challenges of enforcing the Act; and (5) legal approaches to addressing climate change within the context of the Endangered Species Act. We will also discuss the recent regulatory changes adopted by the Trump Administration, some of which were withdrawn by the Biden Administration, and their implications for endangered species management. During the last several weeks of class, students will present their seminar papers on topics related to endangered species protection. Students may choose to develop papers about a range of subjects related to the act, including the challenges of balancing species protection with economic development, the tensions between federal and state/local control over activities that affect species, and the track record of past administrative efforts to update/reform the ESA's implementation. 

This seminar on energy policy, transactions, litigation, and regulation will cover both conventional energy sources such as oil and gas as well as newer alternative sources such as wind, solar, and biofuels. This seminar will emphasize the practical application of common principles across energy boundaries.

This three credit seminar course will focus on the environmental impacts and resulting legal and international issues arising from the exploration, development, production and transportation of energy sources. Students will first gain a general knowledge of the primary energy sources and environmental impacts of national and world wide energy production through a survey format. Topics will include environmental, political and geo-political impacts of oil and gas exploration and production, bio-fuels production, coal generation, nuclear, wind and solar power. The course will then transition into the development of a working knowledge of the legal and administrative structure of Texas and Federal environmental law.  We will analyze the primary energy sources utilized in Texas and specifically review the impact of the winter storm of 2021. We will also focus on issues involving fuels for mobile sources and transportation and delivery of fuels as well as disposal of fuel by-products. Students will have an opportunity to utilize the Texas regulatory and legal structure to develop a knowledge of the basic framework of State authority and the conflicts and interplay between State and Federal law. The course will then focus on various specific energy development projects, with some emphasis on Texas and the Gulf Coast, to gain a practical understanding of the legal and administrative processes involved in dealing with environmental consequences of energy production and delivery. We will then delve into the myriad foriegn policy issues and conflicts involved in energy production and climate change policies.  Students will complete the semester by writing and presenting a seminar paper.

This is a one-semester, three-unit seminar which meets once a week for 100 minutes. We will take a 10-minute break after the first 50 minutes. This course is not restricted 3L students though there is some preference given; second-year law students are welcome. The casebook ("CB") is Abrams, Beale, & Klein, Federal Criminal Law and Its Enforcement (6th ed. 2015), and the 2018 Supplement. The supplement is free and will be posted on Canvas.  There are two copies of the textbook on reserve at our library. A used copy of either is also acceptable. Please check Blackboard ("BB") every week for reading and writing assignments. There is no final exam for the course, your grade will be determined by the quality of your class participation and your six written and two oral projects. We will discuss all aspects of investigating, charging, trying, sentencing, and appealing federal criminal charges. We will take attendance, and we expect each of you to attend and to participate in every class discussion. If you plan to miss a class, you must clear it with one of the professors first. If you miss a class unexpectedly, please call or e-mail us as soon as possible. You must also complete all written and oral projects, on time. Each late assignment will be docked one-half a letter grade for each day, unless we approve the extended due date in advance. You will frequently do the pertinent reading and begin projects at home, and then we will devote some class time to working on the projects in groups and discussing the results. The topics and the schedule may be adjusted to accommodate student interest and speaker schedules.

Interns enrolled in the internship program at the United States Attorney's Office for the Western District of Texas or the Austin Federal Public Defender Service are encouraged to enroll in this seminar, and will be guaranteed admission if they request it. 

Science and innovation are crucial drivers of economic growth and provide some of humanity’s best hopes for addressing a variety of social, political, and even existential problems. This seminar considers the ways in which different legal regimes and proposed reforms to legal regimes, including IP laws, might help or hinder innovation and scientific progress. Assigned readings will include background material on IP as well as articles by leading scholars. Each student will be expected (1) to participate in class discussion; (2) to complete short writing assignments of about 125 to 250 words that respond to assigned readings; (3) to write a term paper to satisfy the seminar writing requirement; (4) to provide written comments on a classmate’s draft term paper; and (5) to make an in-class presentation of the student’s own paper project. Neither technical training nor any specific course is a prerequisite.

Sports, whether mere individual physical exercise, simple competitive games, or national/international competition, often intersect with human rights law. Owing to sport’s long tradition of independence and autonomy, national and international jurisdictions only intervene in a limited way in sporting affairs.  This does not mean, however, that there are not questions to be asked, particularly when it comes to protecting international human rights. In fact, sport relies on a rules-based system in all its facets, including athletes, fans, workers, volunteers and local communities, as well as governments, businesses large and small, the media and sports bodies. This seminar examines and unpacks human rights standards and legal commitments to show how human rights are impacted by sporting events or sport activity. The class will address issues such as the human rights of athletes, the basic right to participate in sport and physical activity, remedies for victims of human rights abuses tied to major global sporting events; discrimination against women, LGBT people and persons with disabilities in sport; campaigns against racism and apartheid in sports; the existence of disciplinary systems in the sports movement and the growing number of situations and cases of potential or actual clashes between the running of competitions and human rights standards (e.g. individuals rights in the context of anti-doping, corruption, and match-fixing). In particular, the seminar will discuss cases decided by human rights courts, such as the European and Inter-American Courts of Human Rights (ECHR), and specialized sports arbitration mechanisms, notably the Court of Arbitration for Sport (CAS).

his seminar will focus on cutting-edge research in law and economics. In most of the classes, I will host a workshop during which a leading scholar will present a paper. In the weeks in which there is no outside speaker, two groups of students will each present one to the two papers that will be presented by the outside speakers in the next two workshops. All students are required to write short critiques of most of the speakers’ papers. Your critiques will be graded and made available to the speaker.

The seminar will focus on property in law and literature. Fair warning: the course will involve considerable reading. We will read several novels, alongside law review articles and works of literary criticism, that explore the centrality of questions of property in law, literature, and culture. Representative topics include property and personhood, property in persons and things, property rights and the public interest, and property relations, both familial (marriage, primogenture, inheritance) and social. By critically examining how property is conceptualized in law and imagined in literature, we will see how literature uses or responds to legal structures, themes, and analytical techniques, and vice versa. 

Representative literary texts likely to include: Toni Morrison, Beloved; Jane Austen, Pride and Prejudice; Henry James, The Portrait of a Lady; Kate Chopin, The Awakening; E.M. Forster, Howard's End; Zadie Smith, On Beauty.

The seminar will cover topics not usually covered in patent law courses. For the first eight weeks, the course will address advanced topics and new developments in the law. The topics will be addressed in more depth than in typical courses and will include policy considerations. There will likely be one guest speaker that will present on a special topic. For the rest of the term, the students will select topics, choose the readings, and lead the discussion. Topic selection will require instructor approval. Students will also be expected to write a term paper on the same topic as the one chosen for presentation. Prerequisites: It is recommended that the student be concurrently taking or has taken a course that includes patent law (which could be a survey course). This Seminar used to require such a course as a prerequisite. In recent years, a number of students without that prerequisite have taken the course and have participated in class discussions, and otherwise performed as well as people who had the prerequisite. Thus, the prerequisite has been removed. If you have not had patent law or a survey that covers patent law, you will need to do some extra reading to understand the topics we are talking about in class. Those in this position should contact the instructor a few weeks prior to the start of classes for some recommended treatises.

Political parties play an essential role in our democracy.  But they sit in an uneasy position in the legal framework that regulates our elections.  On the one hand, as expressive organizations of private citizens, political parties can claim First Amendment rights of speech and association.  On the other hand, as critical pieces of the electoral machinery, they have obligations not to infringe on the fundamental rights of voters.  And at a time when partisanship and polarization are high, political parties appear surprisingly weak as institutions.  This seminar will examine the role of political parties in the law of democracy. It will consider their rise against the background of a Constitution that contemplates no role for them, their sometimes sordid relationship with minority representation, and the functions they play in organizing representation and governance.  We will read leading Supreme Court cases, foundational political science literature, and recent legal scholarship on political parties.  We will consider whether political parties have contributed to, or been victims of, polarization, how the law shapes the political environment, and the role of political parties in presidential elections adn our constitutional system more broadly.

Financial regulation is the principal tool used by the public or official sector to achieve or approach financial stability and market integrity. The events of 2020-21, and the impact of the financial cataclysms of 2008-10,  prove that in times of severe stress (whether or not fundamentally economic or financial) the functioning of and support by financial regulation is both objectively and subjectively central.   It's also notable that  regulation can stifle important ways in which finance can making funding available to meet the needs of a population and the innovation that enables the financial system to address the needs of the real economy.  This seminar reviews the structure and operations  of financial market regulation--specifically securities, derivatives (or swaps), banking, and systems to inhibit money laundering and terrorist (or "threat") financing. We will concentrate on United States regulatory systems, but we will -- as we must-- examine the international regulatory regimes and the cross-border effects of regulation. Know it or not, or like it or not, regulation of financial markets touches and changes every aspect of our economic lives. (Paying  rent and buying groceries and obtaining cash from an ATM and obtaining funding for nonprofit organizations are parts of those economic lives, as are public and private issuances of securities, and multibillion dollar finacings.) This topic includes cryptocurrency, blockchain records, fintech, public-sector support for markets and issuers, and consumer credit regulation, all of which we will discuss during the class as time permits. This is not a substitute for a securities regulation course but, then, securities regulation is not a prerequisite for this class. A major paper will be required at the end of the course. Course grades are determined by class participation,  the paper, and a short writing assignment to be completed in the first part of the course.  (Class participation may include some short, narrow quizzes that are calibrated to assess the general  achievement of learning outcomes.)  Consistently with a recognition that the topic has broad application, the course materials come from many sources (some of which may be surprising) and are in different media. That having been said, one requisite for the course--by no means a formal one, but a real requirement-- is that the students have an interest in learning about the area.  And, notwithstanding the language that precedes this sentence, the instructor is pretty casual. 

The criminalization of abortion in many U.S. states following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has disrupted the presumed divide between the fields of reproductive rights and criminal law, with many in each field now attempting to familiarize themselves with the other. Reproductive justice scholars and advocates, however, have long been working at the intersection of these fields—considering the impacts of the overcriminalization and surveillance of poor communities of color on a variety of pregnancy outcomes. Specifically, they have identified multiple ways that criminal law, mass incarceration, and other institutional mechanisms such as the child welfare system have limited not only the right of many not to have children but the right to have them and to raise them in safety and with dignity. The criminalization of abortion is set to follow the same path, directly and indirectly disproportionately affecting those from overcriminalized groups.

This seminar will consider the criminalization of reproduction—historical and contemporary, local and global—largely through the lens of reproductive justice. It will do so with the aim of achieving a better understanding of the current moment so that we might formulate better responses. It will be organized around the work of leading scholars who will present their research to the university community in a public forum. Students will spend roughly two weeks considering work by each speaker as well as related scholarly materials.

Students are expected to participate actively in class discussions, write short critical responses to assigned reading by visiting scholars, and write a longer essay on a topic related to the themes that arise during the semester. Readings for the seminar will come from a variety of disciplines, including law, sociology, and public health. The seminar is open not only to law students but to non-law graduate and professional students with relevant background.

This writing seminar will examine selected topics of student interest regarding all aspects of maritime law ranging from commercial law to “torts at sea.” The field of maritime casualties and transactions involves issues ranging across much of the basic law school curriculum including civil procedure, comparative law, conflicts of law, constitutional law, contracts, creditors’ rights, environmental law, federal courts, insurance, international law, legislation, products liability, property, remedies, torts and workers’ compensation.

In the early weeks of the semester students will be introduced to the broad legal background in this field. Thereafter emphasis will be placed on analytical research and writing skills with maritime law as the subject matter. Guidance will be provided regarding paper topic selection – topics will be suggested, but students may select their own topic subject to approval. Subsequent sessions will consist largely of discussions of ongoing student research, draft paper preparation and review with feedback, and student presentations of the results of their original research.

A traditional seminar paper of roughly 30 pages will be required. During the semester students will present topics of interest to them, detailed outlines of their paper, and rough drafts of their paper for discussion, analysis and feedback. Class discussion of the papers will be an important aspect of the learning experience.

Although the seminar may be taken on a pass/fail basis, students in need of a required writing seminar will be assigned a letter grade based on the quality of the paper and participation in class.

Prior study or experience regarding maritime law will afford some advantage, but such is not a prerequisite.

During the spring of 2024 there are three writing competitions involving monetary awards for papers addressing maritime law issues sponsored by the Federal Bar Association Admiralty Law Section, the Admiralty and Maritime Law Committee of the American Bar Association and the Judge John R. Brown Scholarship Foundation. The Fall timing of this seminar will afford students the opportunity to submit papers in these Spring competitions.

In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy.  The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates.  The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs.  At every stage, the course will highlight surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state.  Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.