5297 Administration of Estates and Guardianship - AKERS (offered in Spring 2013)
Administration of Estates and Guardianships. A skills class that will cover all types of administrations encountered with decedent’s and incapacitated estates: Dependent Administrations, Independent Administrations, Probating wills, alternative to probate administrations, Intestacy and guardianships. Students will review and be exposed to defective wills as well as proper wills and learn how to get them admitted into probate in addition to reviewing a variety of estate administration pleadings. Students will draft a will and prepare the pleadings to get the will admitted into probate as part of their examination grade.
5297 Advanced Topics in Software Protection - FRANCO (offered in Spring 2012)
The course grade will be based on a single final examination; its format will include short answer questions and one longer essay question.
5397 Advertising and Marketing Law - Van Slyke (offered in Spring 2013)
Advertising and Marketing Law teaches both the law and commercial perspectives concerning the advertising and marketing to consumers in a survey format that includes treatment of issues from false advertising under the Lanham Act, Federal Trade Commission regulation and enforcement, state attorney general enforcement, consumer class actions, substantiation of advertising claims, Internet advertising, consumer protection, privacy, data protection, trademark law, business torts, constitutional law, copyright law, social media marketing, and several other areas of law that are important to advertising and marketing to consumers.
5397 Advocacy Survey - LAWRENCE (offered in Spring 2012)
This unique course is designed to provide students the opportunity to experience a wide spectrum of legal advocacy. Course segments include Pre-Trial Litigation, Trial Advocacy, Appellate Advocacy, Negotiation, Mediation, and Arbitration. Each course segment contains a brief overview of 1) the legal underpinnings for each topic area and, 2) the skills necessary to be an effective advocate in that topic area.
5397 Advocacy Survey - LAWRENCE (offered in Spring 2011)
This unique course is designed to provide students the opportunity to experience a wide spectrum of legal advocacy. Course segments include Pre-Trial Litigation, Trial Advocacy, Appellate Advocacy, Negotiation, Mediation, and Arbitration. Each course segment contains a brief overview of 1) the legal underpinnings for each topic area and, 2) the skills necessary to be an effective advocate in that topic area.
5197 Advocates-Newhouse Mediation - LAWRENCE (offered in Spring 2012)
5197 Advocates-Newhouse Mediation - LAWRENCE (offered in Fall 2012)
5197 Advocates-Newhouse Mediation-CURRENT - LAWRENCE (offered in Spring 2013)
5197 Advocates-Newhouse Mediation-CURRENT - LAWRENCE (offered in Spring 2014)
5197 Advocates-Newhouse Mediation-RETRO - LAWRENCE (offered in Spring 2014)
5197 Advocates-Newhouse Mediation-RETRO - LAWRENCE (offered in Spring 2013)
5397 Assisted Reproduction Law - MARIETTA (offered in Fall 2011)
This course examines the legal, ethical, and policy issues that arise from the evolving practice of assisted reproductive technologies (ART), including issues concerning informed consent, legal and moral status of embryos, ownership of embryos, pre-implantation genetic diagnostic testing of embryos, human cloning, and the various options for disposition of frozen embryos, such as donations to others for reproductive purposes or to research for human embryonic stem cell research. The course provides an initial introduction to infertility and the history of ART; describes the scientific, medical, and clinical components of ART practices and procedures; discusses and analyzes case law and the current federal and state regulatory legal frameworks governing ART, and finally explores and analyzes the inherent ethical and public policy arguments and implications that help shape and form existing ART laws.
5297 Bankruptcy Tax - ASOFSKY (offered in Fall 2011)
Bankruptcy Tax explores the resolution of the conflicting policies underlying the bankruptcy laws and the tax laws. When should generally applicable procedures for the determination and collection of taxes by modified to accommodate the orderly administration of a debtor's bankruptcy estate? When should rules requiring taxation of debt relief be overriden in the interests of affording a fresh start? How should rules limiting carryover of corporate losses be adjusted to recognize the investment of creditors in those losses? We will carefully explore bankruptcy rules circumscribing the audit and tax determination procedures, the place of interest and penalties under the Bankruptcy Code, The tax implications of modifying debt, the exclusion of a debtor's discharge of indebtedness from gross income and the consequent reduction of his tax attributes, and the conditions for mitigation in bankruptcy of rules cutting off losses and credits when ownership changes occur.
5397 Basic Construction Law - RYMAN/ANDREWS (offered in Spring 2011)
An overview of the construction process and the body of law that has developed over the years with respect to the relationships of the parties involved in the construction process. This will include an examination of the parties’ duties and obligations arising out of their agreements, governing documents, statutory law and common law. Particular attention will be paid to project delivery systems, the key vertical and horizontal relationships among the participants in the major project delivery systems, the key and controlling documents and agreements among the participants, including construction and design agreements, project specific issues, the design undertaking, subcontracting and vendor issues, common problems during the construction process giving rise to disputes and claims, mechanics’ liens and payment issues and dispute resolution, including mediation and arbitration.
5397 Basic Construction Law - WESTCOTT/D'CRUZ (offered in Fall 2012)
An overview of the construction process and the body of law that has developed over the years with respect to the relationships of the parties involved in the construction process. This will include an examination of the parties’ duties and obligations arising out of their agreements, governing documents, statutory law and common law. Particular attention will be paid to project delivery systems, the key vertical and horizontal relationships among the participants in the major project delivery systems, the key and controlling documents and agreements among the participants, including construction and design agreements, project specific issues, the design undertaking, subcontracting and vendor issues, common problems during the construction process giving rise to disputes and claims, mechanics’ liens and payment issues and dispute resolution, including mediation and arbitration.
5297 Children's Health & the Law - WINSLADE (offered in Fall 2011)
This course will examine children’s health and the law from before birth through adolescence. Topics include prenatal and pre-implantation genetic screening, abortion, extremely premature and severely handicapped newborns, Baby Doe rules and child abuse, assent and descent to treatment and research access to and release of medical information, access to treatment, organ transplantation for children and mental health issues. Each topic will also involve the roles of parents and health professionals in making decisions regarding treatment and research.
5397 Clean Water Act - BENTHUL (offered in Spring 2011)
5397 Client Interviewing & Counseling - WILLIS/WELCH (offered in Spring 2011)
Analytical and practical examination of the attorney-client relationship, including establishing the relationship in the initial interview; billing arrangements; the importance of continuing communications; case analysis; decision-making; counseling with the client as to case development and strategy; preparation of the client for settlement negotiations as well as trial; termination of the relationship, including the collection of fees. Students will conduct several mock interviews throughout the course.
5397 Client Interviewing & Counseling - WILLIS (offered in Spring 2012)
Analytical and practical examination of the attorney-client relationship, including establishing the relationship in the initial interview; billing arrangements; the importance of continuing communications; case analysis; decision-making; counseling with the client as to case development and strategy; preparation of the client for settlement negotiations as well as trial; termination of the relationship, including the collection of fees. Students will conduct several mock interviews throughout the course.
5297 Client Interviewing & Counseling - WELCH (offered in Spring 2013)
The legal interviewing and counseling course will emphasize a deliberate practice approach to learning. Each week the professor will provide instruction on client-centered interviewing and counseling techniques and then students will engage in mock interviews and counseling sessions with their classmates. The professor and classmates will give feedback on these mock sessions and the student will reflect upon the experience and try again.
This semester the class will be taught online. Class size will be limited to eight (8) students and will meet in a Google+ Hangout each week. This setting provides students with the convenience of being able to attend class wherever there is a good wifi connection. It also allows for interesting and engaging exchanges between classmates and professor with video sharing, document and screen sharing and other exciting new age teaching tools.
Students who enroll must have (1) a laptop or computer they can use to access the internet; (2) a webcam; (3) a headset with microphone (about $15) OR ear buds and a microphone on their laptop or webcam; and (4) the required textbook. Students who enroll must also have a Gmail account they can use to access Google+ Hangouts. The program is easy to use even for beginners to the online platform.
5297 Client Interviewing & Counseling - WELCH (offered in Spring 2014)
The legal interviewing and counseling course will emphasize a deliberate practice approach to learning. Each week the professor will provide instruction on client-centered interviewing and counseling techniques and then students will engage in mock interviews and counseling sessions with their classmates. The professor and classmates will give feedback on these mock sessions and the student will reflect upon the experience and try again.
This semester the class will be taught online. Class size will be limited to eight (8) students and will meet in a Google+ Hangout each week. This setting provides students with the convenience of being able to attend class wherever there is a good wifi connection. It also allows for interesting and engaging exchanges between classmates and professor with video sharing, document and screen sharing and other exciting new age teaching tools.
Students who enroll must have (1) a laptop or computer they can use to access the internet; (2) a webcam; (3) a headset with microphone (about $15) OR ear buds and a microphone on their laptop or webcam; and (4) the required textbook. Students who enroll must also have a Gmail account they can use to access Google+ Hangouts. The program is easy to use even for beginners to the online platform.
5397 Climate Change Law - HESTER (offered in Fall 2013)
The enormous challenges posed by global climate change have triggered equally fundamental legal changes. Climate change law has grown into one of the most active fields of environmental law which affects major industries, civil and criminal enforcement, transactions and international relations. Climate change lawsuits will also play their own central role in disputes over the right course of action and in efforts to help injured parties adapt to a rapidly changing world.
This course will focus on the foundations, options and challenges to the use of environmental law to address climate change and to determine the obligations or liability of parties allegedly contributing it. We will review the current state of knowledge about the science underlying climate change findings and predictions, examine how environmental and tort laws have adapted to address earlier novel environmental threats and risks, explore the fast-growing network of international agreements, federal regulations and state laws that govern emissions of greenhouse gases or attempt to prepare for climate change effects, and assess how courts have responded to climate lawsuits and their specific legal challenges and evidentiary. Our examination will center on a practical examination on how this new field of law will affect real-world legal policies, permitting, lawsuits and transactions.
This class will use a combination of lectures, discussions, in-class exercises, sample problems and case studies. Of course, all students should come to class prepared and able to join in class discussions.
5397 Climate Change Law - HESTER (offered in Spring 2012)
The enormous challenges posed by global climate change have triggered equally fundamental legal changes. Climate change law has grown into one of the most active fields of environmental law which affects major industries, civil and criminal enforcement, transactions and international relations. Climate change lawsuits will also play their own central role in disputes over the right course of action and in efforts to help injured parties adapt to a rapidly changing world.
This course will focus on the foundations, options and challenges to the use of environmental law to address climate change and to determine the obligations or liability of parties allegedly contributing it. We will review the current state of knowledge about the science underlying climate change findings and predictions, examine how environmental and tort laws have adapted to address earlier novel environmental threats and risks, explore the fast-growing network of international agreements, federal regulations and state laws that govern emissions of greenhouse gases or attempt to prepare for climate change effects, and assess how courts have responded to climate lawsuits and their specific legal challenges and evidentiary. Our examination will center on a practical examination on how this new field of law will affect real-world legal policies, permitting, lawsuits and transactions.
This class will use a combination of lectures, discussions, in-class exercises, sample problems and case studies. Of course, all students should come to class prepared and able to join in class discussions.
5297 Comparative Health Law - BOBINSKI (offered in Spring 2011)
5397 Complex Litigation - GIDI (offered in Spring 2012)
Class actions are the most controversial of all procedural devices. After studying the technical issues (prerequisites, certification, notice, opt out, settlement, res judicata) and its specific applications (consumer, antitrust, security, discrimination, mass tort) in concrete cases (tobacco, asbestos, Wal-Mart), we will be able to better understand the political and social implications behind class actions. Although class actions may bring social change and right injustices, it may arguably also be improperly used to harass and blackmail defendants into settling non meritorious claims. The course also deals with non-class aggregation, like joinder, impleader, interpleader, intervention, consolidation, transfers, and bankruptcy. It is also an excellent opportunity to review Civil Procedure concepts.
5397 Complex Litigation - RAVE (offered in Fall 2013)
This course picks up where civil procedure left off and covers the major procedural issues that arise in complex civil litigation. We will focus primarily on multi-party, multi-jurisdictional disputes, with particular emphasis on topics such as class actions, multidistrict litigation (MDL) practice, and other methods of aggregating claims. We will consider the kinds of strategic choices available to lawyers handling complex cases, economic and practical problems of settlement, the role of judges in supervising and managing aggregate litigation, and other modifications to the traditional rules of procedure intended for single-party, single-claim disputes.
5397 Computational Law - CHANDLER (offered in Spring 2014)
This course examines ways in which computation can be used to aid the study of legal issues. Topics studied include statistics, finance, actuarial finance, decision theory, game theory, computational linguistics, network theory, data mining, optimization, and complexity theory. Students will be responsible for creating a project illustrating the use of one or more of these techniques in analyzing a problem relevant to law. Use of the Mathematica programming language and creation of "Demonstrations" or CDF format documents will be strongly encouraged. Prerequisite: Analytic Methods for Lawyers or instructor's permission.
5397 Computational Law - CHANDLER (offered in Spring 2012)
This course examines ways in which computation can be used to aid the study of legal issues. Topics studied include statistics, finance, actuarial finance, decision theory, game theory, computational linguistics, network theory, data mining, optimization, and complexity theory. Students will be responsible for creating a project illustrating the use of one or more of these techniques in analyzing a problem relevant to law. Use of the Mathematica programming language and creation of "Demonstrations" or CDF format documents will be strongly encouraged. Prerequisite: Analytic Methods for Lawyers or instructor's permission.
5297 Computer Crime - CHICHESTER (offered in Summer II 2013)
The objectives of this course are to teach the substantive and procedural law of computer crimes and computer torts in a comprehensive manner, to consider the ethical and professional questions related to the subject matter, and to integrate the subject matter with the analytical and practical skills necessary to the practice of law. This class will emphasize the federal criminal laws, particularly the Computer Fraud and Abuse Act, but will touch upon relevant state anti-spyware laws as well. Other topics include crimes related to corporate espionage, hacking, and misappropriation/infringement of intellectual property rights that involve a computer or a network.
7397 Confronting the Resource Curse: Oil in Africa - KLIEMAN (offered in Fall 2012)
This course will introduce students to the history, theory, and reality of the “Natural Resource Curse” as it relates to the petroleum industry in Africa. It will be co-taught by Dr. Kairn A. Klieman (Assoc. Prof. of African History, UH, currently writing a book on the history of oil in Africa), and Mr. Thomas Mitro, a retired oil executive who worked 32 years as a senior financial and commercial manager with Gulf Oil and Chevron in Nigeria, Angola, UK, Papua New Guinea). Mr. Mitro currently serves as consultant to Sonangol, and is co-founder of the award-winning non-profit Indego Africa (http://www.indegoafrica.org/awards-and-recognition).
5297 Contract Drafting - TWOMEY (offered in Spring 2011)
This course focuses on the fundamental writing skills necessary for drafting norm-setting legal documents such as contracts and private and public legislation. In particular, this course will help students develop skills in communicating with clients regarding the client’s objectives and in incorporating the client’s objectives into contract terms. During the first ten weeks of the course we will discuss finding and using form contracts, explaining contract provisions to your client, drafting contracts in plain unambiguous terms, reviewing and analyzing existing contract provisions, and contract organization. During the last four weeks of the course we will discuss drafting techniques unique to private and public legislative drafting. The class will not focus on any one particular type of contract. Instead, the course will cover, in detail, drafting techniques specific to contracts in general. There is no final for this course. Grades for this course are based on two projects, including: (1) drafting a contract, and (2) drafting a piece of legislation.
5397 Corporate Finance - WELLS (offered in Summer I 2011)
Businesses require capital, which can be provided by stockholders, bondholders, banks or other sources. In this course, we will study the legal doctrines governing the rights of those who provide the capital, the obligations of those who receive the capital, and the relationships among various classes of capital providers.
5497 Death Penalty Clinic - JEU/DOW (offered in Summer III 2011)
Death Penalty Clinic explores the substantive law, investigative techniques, and post-conviction appellate remedies applicable in capital (death penalty) cases. Lectures will cover topics such as: Texas criminal statutes, state/federal habeas law, clemency proceedings, investigative techniques, and capital trial strategy. In addition to attending lectures, students work on actual cases. Students investigate claims related to the guilt-innocence and punishment phases of capital murder trials and assist attorneys in investigating and researching legal claims.
Although the same substantive material is covered in both Innocence Investigations and Death Penalty Clinic, the classes differ in terms of the type of case work performed by students. Death Penalty Clinic students work solely on cases where a criminal defendant has been convicted of capital murder and sentenced to death. In many of these cases, the defendant has a pending execution date. Consequently, it is important that Death Penalty Students be able to adhere to deadlines set by the course instructor.
5297 Death Penalty Clinic - DOW/JEU (offered in Fall 2011)
Death Penalty Clinic explores the substantive law, investigative techniques, and post-conviction appellate remedies applicable in capital (death penalty) and non-capital cases. Lectures will cover topics such as: Texas criminal statutes, state/federal habeas law, clemency proceedings, investigative techniques, and capital trial strategy. In addition to attending lectures, students work on actual cases. Students investigate claims related to the guilt-innocence and punishment phases of capital murder trials and assist attorneys in investigating and researching legal claims.
Although the same substantive material is covered in both Innocence Investigations and Death Penalty Clinic, the classes differ in terms of the type of case work performed by students. Death Penalty Clinic students work solely on cases where a criminal defendant has been convicted of capital murder and sentenced to death. In many of these cases, the defendant has a pending execution date. Consequently, it is important that Death Penalty Students be able to adhere to deadlines set by the course instructor.
No book required.
5297 Death Penalty Clinic - DOW/JEU/BOURLIOT (offered in Spring 2011)
Death Penalty Clinic explores the substantive law, investigative techniques, and post-conviction appellate remedies applicable in capital (death penalty) and non-capital cases. Lectures will cover topics such as: Texas criminal statutes, state/federal habeas law, clemency proceedings, investigative techniques, and capital trial strategy. In addition to attending lectures, students work on actual cases. Students investigate claims related to the guilt-innocence and punishment phases of capital murder trials and assist attorneys in investigating and researching legal claims.
Although the same substantive material is covered in both Innocence Investigations and Death Penalty Clinic, the classes differ in terms of the type of case work performed by students. Death Penalty Clinic students work solely on cases where a criminal defendant has been convicted of capital murder and sentenced to death. In many of these cases, the defendant has a pending execution date. Consequently, it is important that Death Penalty Students be able to adhere to deadlines set by the course instructor.
NO BOOK FOR THIS COURSE.
5497 Death Penalty Clinic - JEU/DOW (offered in Summer I 2012)
Death Penalty Clinic explores the substantive law, investigative techniques, and post-conviction appellate remedies applicable in capital (death penalty) cases. Lectures will cover topics such as: Texas criminal statutes, state/federal habeas law, clemency proceedings, investigative techniques, and capital trial strategy. In addition to attending lectures, students work on actual cases. Students investigate claims related to the guilt-innocence and punishment phases of capital murder trials and assist attorneys in investigating and researching legal claims.
Although the same substantive material is covered in both Innocence Investigations and Death Penalty Clinic, the classes differ in terms of the type of case work performed by students. Death Penalty Clinic students work solely on cases where a criminal defendant has been convicted of capital murder and sentenced to death. In many of these cases, the defendant has a pending execution date. Consequently, it is important that Death Penalty Students be able to adhere to deadlines set by the course instructor.
5397 Discovery Workshop - HOFFMANP (offered in Summer I 2011)
In the context of litigating a contract dispute, students will draft and respond to different forms of written discovery, including mandatory disclosures, interrogatories, document requests, requests for admission and electronic discovery. Students will also learn how to take and defend depositions. The course will meet at the regularly scheduled class time for approximately two weeks and then break for several weeks until the last week of scheduled classes when we will meet for four full days of deposition training. The deposition training will be on a Thursday through Sunday.
5297 Doing Business Down Under--Australia & New Zealand - ALDERMAN & (WALKER) (offered in Spring 2011)
5297 Doing Business in the Arab Middle East - BOEHM (offered in Spring 2013)
Doing Business in the Arab Middle East. This course will cover legal and practical aspects of advising clients on doing business in the Middle East. You will learns specifics about some jurisdictions, how to work with local counsel, and considerations for lawyers (you?) working there. This course is also a tool box for your future. Your practice will be cross-border, sooner or later, and these tools are relevant in all "foreign" jurisdictions. Multiple choice exam.
5297 Doing Deals - MOLL/MAIERSON (offered in Spring 2011)
This two-hour class will take students through the life cycle of private and public company mergers and acquisitions from the perspective of a practicing lawyer. Using actual deal documents, we will analyze how the business agreement between the parties gets translated into contract terms, as well as the role of the M&A lawyer in advising, negotiating and documenting the transaction. The course will be co-taught by Professor Douglas Moll and Ryan Maierson, a partner at Baker Botts L.L.P. Completion of a Business Organizations or Corporations course is a prerequisite to enrollment.
5397 Domestic Violence - HAMILTON (offered in Spring 2013)
Examines historical and contemporary perspectives on domestic violence, including interdisciplinary explanations for abuse; various types of abuse, such as physical, sexual/reproductive, and psychological; law enforcement and prosecutorial responses; availability of social services; relevant crimes and defenses and corresponding evidentiary challenges; and family law issues.
5297 Drafting & Negotiating Int'l Oil & Gas Agreements - Norman Nadorff (offered in Spring 2013)
The course will enhance the students´ knowledge of major types of international oil and gas agreements while providing practical, hands-on experience in their drafting and negotiation. Students will be provided a detailed and realistic fact pattern showing how oil and gas deals are conceived of, proposed, negotiated and eventually formalized. The students will then apply the fact pattern to various types of oil and gas model agreements. In essence, Professor Nadorff will show the students how an international oil and gas lawyer approaches every day oil and gas industry challenges.
The course contains the following major components:
• A discussion of the role of the contract drafters and negotiators in the oil and gas industry
• Practical tips on how to write contracts more clearly and effectively as well as identifying pitfalls to be avoided.
• Contract strategies and "do´s and dont´s" in contract negotiations.
• A thorough discussion of pre-contractual documents (letters of intent, memoranda of association, etc), including na in-class review of a homework assignment.
• An introduction to the Association of International Petroleum Negotiators (AIPN) and the AIPN Model Form Contracts.
• In class, on-screen editing by the students of key AIPN Model Form Agreements (most likely: Confidentiality, Joint Study and Bidding, Farmout, Joint Operating Agreement, Lifting, International Consultant and Oil Service).
• In-class negotiations of various AIPN Model Form Agreements based on the supplied fact pattern, ideally involving all of the students at some point.
It is anticipated that for each class, Professor Nadorff will invite a prominent lawyer or negotiator, specialized in the particular agreement being discussed that day, in order to provide additional perspective and to help facilitate the in-class exercises.
5297 Drafting & Negotiating Int'l Oil & Gas Agreements - Norman Nadorff (offered in Spring 2012)
The course refreshes the students´ knowledge of certain major types of international oil and gas agreements and provides practical, hands-on experience in their drafting and negotiation. Students are provided a detailed and realistic fact pattern mimicking a real-life oil and gas transaction showing how oil and gas deals are conceived of, proposed and eventually formalized. The remainder of the class is built around this fact pattern which is applied to the various types of oil and gas agreements. The course contains the following major components:
· A discussion of the role of the contract drafters and negotiators in the oil and gas industry
· Practical tips on how to write contracts more clearly and effectively as well as pointing out pitfalls to be avoided.
· Strategies and "do´s and dont´s" in contract negotiations.
· A thorough discussion of pre-contractual documents (letters of intent, memoranda of association, etc), including in-class review of a homework assignment.
· An introduction to the Association of International Petroleum Negotiators (AIPN) and the AIPN Model Form Contracts.
· In class, on-screen editing by the students of key AIPN Model Form Agreements (most likely: Confidentiality, Joint Study and Bidding, Farmout, Joint Operating Agreement, Unitization, Lifting, International Consultant and Oil Service).
· In-class negotiations of various AIPN Model Form Agreements based on the supplied fact pattern, and eventually involving all of the
It is anticipated that for all or a majority of the classes, the lecturer will invite a prominent Houston-based lawyer or negotiator, specialized in the particular agreement being drafted/negotiated that day, in order to provide additional perspective and help facilitate the in-class exercises.
5297 Elder Law - LOOTENS (offered in Spring 2012)
This course is an introduction to the myriad of legal issues that are often grouped under various titles such as Elder Law, Aging and the Law, or Elderly and the Law. The course will highlight the social and legal issues associated with an aging society, a critical understanding of the distinct legal problems of the elderly and a familiarity with governmental programs aimed at older people.
5297 Elder Law - LOOTENS (offered in Spring 2011)
This course is an introduction to the myriad of legal issues that are often grouped under various titles such as Elder Law, Aging and the Law, or Elderly and the Law. The course will highlight the social and legal issues associated with an aging society, a critical understanding of the distinct legal problems of the elderly and a familiarity with governmental programs aimed at older people.
5297 Endangered Species and Biodiversity Law - IRVINE (offered in Spring 2011)
5397 Endangered Species and Biodiversity Law - IRVINE (offered in Fall 2012)
5297 Energy and the Environment - LANDERS (offered in Spring 2011)
An environmental law course that will explore pivotal issues involving the synergistic relationship between energy law and environmental law. The course will examine several critical topics of global importance associated with various sources of energy and the impact on natural resources and the environment.
5297 Energy and the Environment - LANDERS (offered in Spring 2013)
An environmental law course that will explore pivotal issues involving the synergistic relationship between energy law and environmental law. The course will examine several critical topics of global importance associated with various sources of energy and the impact on natural resources and the environment.
5397 Entrepreneurship & Medical Malpractice - Brown/McIver (offered in Spring 2012)
For students considering starting their own law practice, this course will cover, through the case study of a new medical malpractice law firm, the decisions and practical steps that a law firm founder must make to launch his / her own law practice. Grades based on class participation, two quizzes, and a written final exam.
5397 Entrepreneurship and legal ethics--Starting a law firm - Brown/McIver (offered in Spring 2013)
For students considering starting their own law practice, this course will cover, through the case study of a new medical malpractice law firm, the decisions and practical steps that a law firm founder must make to launch his / her own law practice. Grades based on class participation, two quizzes, and a written final exam.
5397 Env'l Law for New Technologies - HESTER (offered in Spring 2011)
Environmental law is usually one of the first and most important tools used to control or challenge the use of new and disruptive technologies. For example, environmental disputes have strongly influenced the development of:
•nanotechnology,
•genetically modified or synthetic biological organisms,
•geoengineering and climate control,
•advanced renewable energy technologies (including biofuels and offshore wind), and
•unconventional fossil fuel production.
In return, emerging technologies can affect the growth and scope of environmental regulations, including toxicogenomics, advanced laboratory detection techniques and remote laser sensing of air pollutants. This course will explore the interplay between environmental law and emerging technologies, including how environmental law creates the demand and market for some new techniques (such as carbon capture and sequestration).
We will invite guest speakers from each of these emerging technological fields to discuss their research and whether they pose environmental legal concerns.
5297 Environmental Law in Oil & Gas Production and Refining - BORTKA (offered in Fall 2011)
This class focuses on statutory, common law, and regulatory environmental issues that confront the oil and gas industry. Roles, “agendas”, and interaction of judges, regulators, non-governmental organizations, and private litigants (the “stakeholders”) that impact the industry are evaluated. The course is split between covering settled principles of oilfield environmental law versus exploring those issues where stakeholders continue to debate what the law really is….and what it should be. The oil and gas industry exists to make a profit. The cost of environmental compliance degrades corporate profits. Environmental compliance is not always the same as environmental protection. The importance of the cost of compliance/protection and the impact of these costs on industry and the stakeholders is analyzed throughout the course.
5297 Environmental Law in Oil & Gas Production and Refining - BORTKA (offered in Fall 2012)
Protection of the environment is not a “money making” proposition for the oil and gas industry. A good environmental record may gain a company better public relations versus its “messier” peers and be a selling point to foreign governments in attempts to gain exploration concessions or locate refineries and chemical plants on foreign shores. Nonetheless, every dollar spent on environmental protection or remediation reduces corporate profits by the same amount.
According to many, the oil industry enjoys “sweeping exemptions” from provisions in major federal environmental statutes intended to protect human health and the environment. Truly, some oil industry wastes, substances, and activities are far less regulated than those from other industries. This less-regulated environment exists even though public perception of the oil industry consistently ranks as the poorest-viewed industry surveyed.
When land and water are contaminated by the industry, and statutory remedies are available, aggrieved parties often turn to common law civil courts for monetary “damages” instead of seeking redress through (a) governmental regulatory bodies or (b) citizen suit provisions of the environmental laws. When courts award money damages against oil companies for environmental contamination often the damage awards are not used for environmental remediation.
So… what’s the deal? Is the oil industry really treated “differently” when it comes to the environment and, if so, why? If the general public has such a nasty opinion of the oil industry, why aren’t environmental laws a lot tougher on the industry than they are? Is that situation going to change? Why don’t oil and gas companies and state legislatures work to ensure that monetary damage awards are used to clean up environmental problems?
This class explores these questions and issues from the viewpoints of
1. the landowners directly impacted by oil-field contamination,
2. the oil and gas companies,
3. the regulatory agencies and legislatures charged with protecting the environment and the general public, and
4. non-governmental organizations who work for protection of the environment.
In some cases, state common law has evolved in the last fifteen years to fill gaps left by statutes and regulations. Unfortunately, the common law is going in many “different directions”. Identical contamination fact-patterns in Texas, Louisiana, and Mississippi, for example, would lead to three distinctly different outcomes in the courts. The class will explore the relationships among the relevant environmental statutes, regulations, and common law and strive to make sense of this tangled web of jurisprudence as it applies to the oil and gas industry. It’s a fun journey for those interested in attacking, defending, or overhauling the industry’s environmental position.
There is an average amount of reading required for the course with probably ten, or fewer, partial case readings required depending on the pace of the class.
Course Outline (pdf)
5297 Environmental Law in Oil & Gas Production and Refining - BORTKA (offered in Fall 2013)
Protection of the environment is not a “money making” proposition for the oil and gas industry. A good environmental record may gain a company better public relations versus its “messier” peers and be a selling point to foreign governments in attempts to gain exploration concessions or locate refineries and chemical plants on foreign shores. Nonetheless, every dollar spent on environmental protection or remediation reduces corporate profits by the same amount.
According to many, the oil industry enjoys “sweeping exemptions” from provisions in major federal environmental statutes intended to protect human health and the environment. Truly, some oil industry wastes, substances, and activities are far less regulated than those from other industries. This less-regulated environment exists even though public perception of the oil industry consistently ranks as the poorest-viewed industry surveyed.
When land and water are contaminated by the industry, and statutory remedies are available, aggrieved parties often turn to common law civil courts for monetary “damages” instead of seeking redress through (a) governmental regulatory bodies or (b) citizen suit provisions of the environmental laws. When courts award money damages against oil companies for environmental contamination often the damage awards are not used for environmental remediation.
So… what’s the deal? Is the oil industry really treated “differently” when it comes to the environment and, if so, why? If the general public has such a nasty opinion of the oil industry, why aren’t environmental laws a lot tougher on the industry than they are? Is that situation going to change? Why don’t oil and gas companies and state legislatures work to ensure that monetary damage awards are used to clean up environmental problems?
This class explores these questions and issues from the viewpoints of
1. the landowners directly impacted by oil-field contamination,
2. the oil and gas companies,
3. the regulatory agencies and legislatures charged with protecting the environment and the general public, and
4. non-governmental organizations who work for protection of the environment.
In some cases, state common law has evolved in the last fifteen years to fill gaps left by statutes and regulations. Unfortunately, the common law is going in many “different directions”. Identical contamination fact-patterns in Texas, Louisiana, and Mississippi, for example, would lead to three distinctly different outcomes in the courts. The class will explore the relationships among the relevant environmental statutes, regulations, and common law and strive to make sense of this tangled web of jurisprudence as it applies to the oil and gas industry. It’s a fun journey for those interested in attacking, defending, or overhauling the industry’s environmental position.
There is an average amount of reading required for the course with probably ten, or fewer, partial case readings required depending on the pace of the class.
Course Outline (pdf)
5297 Environmental Law, Bankruptcy & Strategies for Distressed Companies - COOK (offered in Spring 2011)
5297 ERISA - SMITH,S (offered in Summer I 2011)
This course introduces students to the law governing employer-provided pension and benefit plans. It will begin with a look at the history of pension and benefit programs in the American workplace. The course will closely examine the landmark Employee Retirement Income Security Act of 1974 (“ERISA”) and its subsequent amendments. Covered topics will include defined benefit and defined contribution retirement plans, and a survey of the funding, vesting, accrual, fiduciary, spousal rights and other substantive rules governing such plans. (Tax aspects of qualified plans will be touched upon, but not stressed.) Health insurance and other benefit plans will be examined, with special attention to plan administration, benefit claims procedure, and litigation. Special emphasis will be given to ERISA preemption and its impact on diverse areas of law.
5297 ERISA - SMITH,S (offered in Summer I 2012)
Employee Benefits Law may be the most important course you have never heard of. It covers the Employee Retirement Income Security Act (“ERISA”), which is the basic federal law governing employer-provided benefit plans, such as pensions and health care insurance. (The Affordable Care Act currently under Supreme court review is one of many significant amendments to ERISA over the years.) Contrary to what you may have heard, ERISA is not just (or even primarily) a tax law. Its reach extends into many other major practice areas: health law, employment, labor, insurance, family/divorce, wills, trusts and estates, corporate mergers & acquisitions, securities, fiduciary, bankruptcy, and more.
This two-hour course will provide a basic overview of ERISA’s regulatory scheme. It will explain the difference between traditional pensions and defined contribution plans, such as the 401(k), which are far more prevalent today. The course will contrast the Act’s extensive regulation of retirement plans (such as funding, vesting, and accrual rules) with the much lighter regulation given to welfare benefit plans such as health insurance. Special attention will be paid to spousal rights arising out of ERISA covered benefit plans, and their impact on divorce settlements. Finally, the course will examine the benefit claims process, the limited judicial remedies available for ERISA violations, and the extremely broad preemption clause that not only sweeps away a multitude of state laws, but also provides ERISA defendants with a ticket for removing state law claims to federal court.
The goal of the course is to convey a practical understanding of how ERISA impacts a wide variety of practice areas. Such an understanding is likely to prove attractive to a wide variety of prospective employers: big law firms, family law firms, insurance companies, hospitals, banks, trust companies, benefit plan administrators, corporate in-house counsel, federal agencies, etc. Very few courses in law school can claim to enhance potential job prospects in this way.
5397 Externship/Apprenticeship (2L Law Firm Apprenticeship Program) - KNIGHT (offered in Summer I 2011)
In this 6-week program, students receive 3 hours of non-substantive academic credit while working 25 hours/week for small local law firms. Must be taken in conjunction with Small Firm Practice Skills.
7397 Finance & Ethics - ARBOGAST (offered in Spring 2011)
Examines the line between creativity and deception in finance. Students will analyze seventeen Enron-related case studies, covering that firm's ethical decomposition and the efforts of certain resisters to halt the slide. Guests include several of the Enron resisters. The course concludes with several non-Enron cases involving "gray-zone" activities drawn from the professor's own experience. This class is case study-only and students should expect to analyze and present 2-3 cases.
7397 Finance & Ethics - ARBOGAST (offered in Spring 2013)
Finance and Ethics is a case study-based course that focuses on ethical breaches and the subsequent scandals that have impacted financial markets. The cases, authored by the instructor, give in-depth treatment to Enron and then to various firms involved in the Financial Crisis. The course’s objectives are: 1) to improve students ability to identify ethical issues in the workplace; 2) to train them in the case for and substance of good financial control; and 3) to equip them tactically to manage ethics issues they may encounter during their careers.
To accomplish these objectives, the course first examines Enron case studies that span the history of that firm. These cases demonstrate how Enron abandoned financial control early on while embracing flawed accounting and compensation systems. Each case also describes the financial engineering Enron used to pursue its aims, and the legal and accounting flaws which rendered its transactions problematic. The final cases focus on the efforts of resisters to reverse Enron’s tide of corruption. These studies recount the predicaments of Jordan Mintz, Vince Kaminski and Sherron Watkins, all of whom participate in the class’ analysis of their cases.
The second half of the course examines thirteen new Financial Crisis cases. Here the focus is broader – the financial industry, its gatekeepers and regulators. These cases cover Countrywide Mortgage, Goldman Sachs, Fannie Mae, Bear Stearns, Citigroup, Moody’s, AIG, Price Waterhouse Coopers and Lehman Brothers. Students will examine the use and abuse of financial innovations, such as Collateralized Debt Obligations and Credit Default Swaps. They also will study the acute conflicts of interest which affected senior managements at financial firms. Finally, they will encounter another group of resisters who enjoyed new legal protections and tactical options in the post-Enron era.
Each student will be part of a team that presents a minimum of two case studies. There will also be a take-home case study final exam.
5297 Financial Statement Analysis and Business Practices for Lawyers - BRENNAN (offered in Summer IV 2013)
Financial Statement Analysis and Business Practices for Lawyers is a graduate level course that will cover the area of introductory financial reporting and analysis. Included in the course will be introduction to the mechanics of financial accounting, the building of financial statements, reporting and analysis of financial information and in depth study of accounting principles and procedures. Certain business and financial practices are also covered.
The reporting of the financial and operating results of the business entity through the financial statements is a major objective of any company or organization. By the end of this course you will know the reporting requirements of public companies, how the information in the financial statements is used and analyzed and how the information is accounted for and derived in the form of financial statements. You will also know how to read financial statements as a decision maker in evaluating companies and how lawyers must use this information in their practices.
5297 Financing the Business Transaction - DOLE/DOLE/KEYES (offered in Spring 2014)
5297 Financing the Business Transaction - DOLE/KEYES/DOLE (offered in Spring 2012)
SPRING 2012 “FINANCING THE BUSINESS” COURSE
Richard Dole, David Keyes, Esq. & Linda Dole, Esq.
Course Description and Prerequisite
Whether it is a mom-and-pop start-up or a billion dollar conglomerate, every business needs funds to operate and to grow. These funds are obtained through both infusions of equity and taking on debt. This course explores various types of debt financing that either utilize Article 9 collateral or are unsecured, and when each is appropriate. Customary loan documentation will be evaluated. Drafting and role-playing exercises will emphasize preparing and negotiating business loan agreements.
A two-hour course limited to twelve students. Secured Financing is a prerequisite.
Course Materials
(1) West, Selected Commercial Statutes (2011 Unabridged Ed.); and (2) materials supplied by the Instructors.
5297 Financing the Business Transaction - DOLE/DOLE/KEYES (offered in Spring 2013)
SPRING 2013 “FINANCING THE BUSINESS” COURSE
Richard Dole, David Keyes, Esq. & Linda Dole, Esq.
Course Description and Prerequisite
Whether it is a mom-and-pop start-up or a billion dollar conglomerate, every business needs funds to operate and to grow. These funds are obtained through both infusions of equity and taking on debt. This course explores various types of debt financing that either utilize Article 9 collateral or are unsecured, and when each is appropriate. Customary loan documentation will be evaluated.
This course will promote an understanding of the preparation, negotiation, and purpose of loan documents, the legal considerations affecting loan documentation, and the parties customary obligations, rights, and remedies. We also will explore common alternatives and supplements to commercial lending transactions, like letters of credit and guaranties.
A two-hour course limited to twelve students. Secured Financing is a prerequisite.
Course Materials
(1) West, Selected Commercial Statutes (2012 Unabridged Ed.); and (2) materials supplied by the Instructors.
5397 First Amendment Rights: Freedom of Speech - BUCKLES, E. (offered in Spring 2011)
This is a survey course on First Amendment jurisprudence. The course will include discussion on the history and development of the Supreme Court's current First Amendment jurisprudence and will discuss the current day challenges in bringing a successful First Amendment claim. Grades will be determined based upon a final exam and class participation.
5297 Fraud & Abuse - CLARK, DONNA (offered in Fall 2011)
This course examines the federal and state laws imposing criminal and civil penalties on health care providers for a variety of fraudulent activities. The course explores the implications of the federal and state Anti-Kickback Laws, the federal anti-referral (Stark) law, the federal civil monetary penalty and exclusion laws, the federal and state false claims laws, as well as traditional federal white collar criminal laws as applied to health care.
5397 Genetics & the Law - ROBERTS (offered in Fall 2011)
This three credit course surveys the role of genetic information in diverse areas of the law. Topics will include an introduction to foundational concepts in genetic science, the commercialization of genetic material through biopatents, the role of genetic information in family law, the admissibility and reliability of DNA evidence in criminal cases, privacy concerns related to genetic testing, and discrimination on the basis of genetic information. Students enrolled in the class will produce three brief response papers of one to two pages in length and one more in-depth paper between ten and fifteen pages. There is no exam for this course.
5397 Genetics & the Law - ROBERTS (offered in Fall 2012)
This three credit course surveys the role of genetic information in diverse areas of the law. Topics will include an introduction to foundational concepts in genetic science, the commercialization of genetic material through biopatents, the role of genetic information in family law, the admissibility and reliability of DNA evidence in criminal cases, privacy concerns related to genetic testing, and discrimination on the basis of genetic information. Students enrolled in the course will produce three brief response papers of one to two pages in length and will complete an open book, open note take-home exam distributed on the last day of class.
5397 Hazardous Waste Law - BENTHUL (offered in Fall 2011)
5397 Health & Human Rights - LUNSTROTH (offered in Spring 2011)
Health is a scientific norm, a moral norm, a legal norm and a political norm. H&HR examines health in the human rights context. After an introduction to international institutions and laws regarding health, topics will include torture, human experimentation, the role of the military in realizing the right to health, humanitarian NGOs, access to drugs, access to health workers, the role of poverty, development and globalization (social determinants of health), and the role and intentions of the World Health Organization. The idea of health as a political norm, e.g. dignity, justice and the norm of democratic inclusion, will be used as an overarching moral/legal framework to critique the various real-time scenarios considered in the class.
5397 Health & Human Rights - LUNSTROTH (offered in Spring 2012)
This is an interdisciplinary course. It begins with readings in political/moral/legal theory about human nature, the idea of dignity, and the bases of ethical life. We then move to international law, human rights (as international legal things), the UN System, the relationship between human and US constitutional (civil) rights, and the existence and function of IGOs and NGOs/civil society [in other words, considered together, the international legal/moral order]. Then, switching gears, the course turns to the theory and practice of medicine and public health. Here readings will center on the nature of science through readings in the philosophy, history and sociology of science; and then principles and theories of public health. We will frame the understanding of the things we study in this section on the way knowledge is organized in the academy. We study science in this detail because it is incredibly influential in the political and regulatory spheres, especially in the way globalization is understood and promoted. We cannot understand the rather strange power of medicine and public health without getting a handle on the ideology of science.
We then turn to specific health & human rights legal/moral problems: torture; animal rights; intellectual property interests in drugs, devices and medical methods; migration; the “social determinants of health;” etc. We will do a class exercise in which students become familiar with a related topic, humanitarianism, and its relationship to the military and the use of armed force. We will consider in these contexts whether health is best thought of in terms of scientific medicine, in terms of self-determination, in terms of public health, or as something to do with flourishing. In which of those ideas of health is dignity and the possibility of an ethical, or virtuous, life most pronounced? If the core meaning of health is found in the way the state is constituted, then what is the best kind of state (i.e., constitution or system of laws to promote health)? Since political health is frequently thought of as justice, we will end with some readings about justice.
The grade is 30% from class participation (which include the occasional 1-pager and the class exercise); and 70% from a 5,000 word paper. There are no prerequisites. The course complements courses in human rights, bioethics, jurisprudence, science and the law, public health and the law, health law/policy courses, and international law.
5397 Health Law Transactions - ISHEE (offered in Spring 2012)
Explores the application of federal and state regulatory principles to health care transactions. Students gain exposure to the document drafting and review aspects of typical health care transactions. This course assumes general familiarity with issues discussed in Health Law Survey: Access, Regulation, and Enterprise, such as the corporate practice of medicine doctrine, antitrust, and fraud and abuse.
5397 Health Regulatory Process - MANTEL (offered in Spring 2012)
This course explores how legal and policy considerations, intra-governmental relationships, and political dynamics influence health regulatory policies. Guest speakers will include current and former Department of Health and Human Services officials and health care advocates.
5397 Hospital Law & Ethics - ANDERSEN (offered in Fall 2012)
We will explore a series of topics that will touch on what a hospital based attorney may encounter. Among these will be discussions related to the legal aspects of:
1. Access to care, the hospital-patient relationship, and informed consent as it relate to the hospitalized or institutionalized individual
2. The physician and other professionals as employees of a provider
3. Legal aspects of medical research and clinical trials and compliance; sponsored research
4. Conflicts of Interest, conflicts of commitment, and the relationship of the institution and its professional staff to outside pressure or inducement
5. The confidentiality of patient information and preliminary research findings
6. Legal aspects of responsibility with regard to publication; the peer-review process and the legal implications of “ghost-writing”
7. Ethics, especially beyond the end-of-life questions; the formation and constitution of ethics committees, and the various legal and professional perspectives involved
8. A legal overview of the present health-care legislation; what new role hospital attorneys are likely to play
9. Institutional (in contrast to individual provider) malpractice and defense and risk
10. Biological waste as property, and ownership thereof
11. The credentialing process
The course will look at case law and readings, and it will involve class discussion and opinion. Adequate preparation of the assigned material will be required, as the course cannot succeed otherwise. The reading assignments will range from moderate to extensive. Some formal lectures will be offered by both the instructor and guest lecturers. The course will be sufficiently flexible so that room for significant discussion of timely events will be allotted. The class will vote during the first session as to if they wish to have a take-home open-book exam to be completed over a designated number of hours, or a standard formal three-hour “blue-book” (or computer) exam, to be graded and curved according to the policies of the Law Center. All participants will be required to comply with the selected examination form. As per school requirements, the eighty percent attendance rule holds. See me for problems; remember, computers are great, but don’t play games or surf the web while in class; computer use for finals as per school regulations; keep cell phones and pager on vibrate or turn them off.
5397 Hospital Law & Ethics - EWER/LEWIS (offered in Fall 2011)
We will explore a series of topics that will touch on what a hospital based attorney may encounter. Among these will be discussions related to the legal aspects of:
1. Access to care, the hospital-patient relationship, and informed consent as it relate to the hospitalized or institutionalized individual
2. The physician and other professionals as employees of a provider
3. Legal aspects of medical research and clinical trials and compliance; sponsored research
4. Conflicts of Interest, conflicts of commitment, and the relationship of the institution and its professional staff to outside pressure or inducement
5. The confidentiality of patient information and preliminary research findings
6. Legal aspects of responsibility with regard to publication; the peer-review process and the legal implications of “ghost-writing”
7. Ethics, especially beyond the end-of-life questions; the formation and constitution of ethics committees, and the various legal and professional perspectives involved
8. A legal overview of the present health-care legislation; what new role hospital attorneys are likely to play
9. Institutional (in contrast to individual provider) malpractice and defense and risk
10. Biological waste as property, and ownership thereof
11. The credentialing process
The course will look at case law and readings, and it will involve class discussion and opinion. Adequate preparation of the assigned material will be required, as the course cannot succeed otherwise. The reading assignments will range from moderate to extensive. Some formal lectures will be offered by both the instructor and guest lecturers. The course will be sufficiently flexible so that room for significant discussion of timely events will be allotted. The class will vote during the first session as to if they wish to have a take-home open-book exam to be completed over a designated number of hours, or a standard formal three-hour “blue-book” (or computer) exam, to be graded and curved according to the policies of the Law Center. All participants will be required to comply with the selected examination form. As per school requirements, the eighty percent attendance rule holds. See me for problems; remember, computers are great, but don’t play games or surf the web while in class; computer use for finals as per school regulations; keep cell phones and pager on vibrate or turn them off.
5397 Hot Topics in Children and the Law - MARRUS (offered in Spring 2012)
Students will delve into various topics involving children and the law. The subject matter may involve juvenile justice, child welfare system, the educational system, or health care. Students will be responsible for writing a series of short papers on the topic, presenting information to the class, and critiquing each other’s work.
5397 How to Reason - CRUMP (offered in Spring 2013)
Course Description
5397 How to Reason - CRUMP (offered in Spring 2012)
Description (pdf)
5297 Human Trafficking Law - GALLAGHER (offered in Summer I 2012)
This class will focus on human trafficking and related federal criminal immigration issues facing local communities, states, the federal government, and the international community. We will cover legal and public awareness measures that are taken to prevent, deter, and respond to human trafficking, including the social service organizations that are critical to the restoring victims and preparing witnesses in trafficking cases. The class will begin by focusing on the legal definitions and framework of trafficking and move to an historical overview of state and federal laws passed to address trafficking offenses, involving both U.S. citizens and immigrants placed into labor servitude or the commercial sex trade by force, fraud, or coercion. The Trafficking Victim’s Protection Act and its eleven years of progress will be covered along with the visas and witness issues that are common with trafficking victims. During the class you will see how this framework guides the United States’ effort to combat human trafficking in both domestic and international forms. There will be guest speakers from time to time who will be announced.
5297 Human Trafficking Law - GALLAGHER (offered in Fall 2013)
This class will focus on human trafficking and related federal criminal immigration issues facing local communities, states, the federal government, and the international community. We will cover legal and public awareness measures that are taken to prevent, deter, and respond to human trafficking, including the social service organizations that are critical to the restoring victims and preparing witnesses in trafficking cases. The class will begin by focusing on the legal definitions and framework of trafficking and move to an historical overview of state and federal laws passed to address trafficking offenses, involving both U.S. citizens and immigrants placed into labor servitude or the commercial sex trade by force, fraud, or coercion. The Trafficking Victim’s Protection Act and its eleven years of progress will be covered along with the visas and witness issues that are common with trafficking victims. During the class you will see how this framework guides the United States’ effort to combat human trafficking in both domestic and international forms. There will be guest speakers from time to time who will be announced.
5297 Immigration & the Family - FELDMAN (offered in Spring 2012)
This course explores the process involved in sponsoring family members for permanent resident status and examines the obstacles commonly encountered throughout the application process. This course further addresses the consequences of divorce and death on a family member’s immigration status.
5297 Immigration & the Family - FELDMAN (offered in Spring 2011)
This course explores the process involved in sponsoring family members for permanent resident status and examines the obstacles commonly encountered throughout the application process. This course further addresses the consequences of divorce and death on a family member's immigration status.
5397 International Banking - ZAMORA (offered in Fall 2012)
This course will provide an introduction to international banking law. We will begin with basics: what is money, how is the value of money determined, how are exchange rates established, what is the balance of payments. We will then look briefly at international monetary law – primarily, the law and guidelines established by the International Monetary Fund. We will then move on to the following topics:
• National supervision of international banking
• International supervision of international banking
• Entry into host markets, by US banks abroad, and by foreign banks in the US
• International lending, and problems of sovereign debt
• Bank secrecy laws
• Economic sanctions and international banking
There will be a 3-hour final exam (open book, open note), which will determine your grade in the course.
5297 International Corporate Compliance - McConnell/Martin/Simon (offered in Spring 2013)
Corporate compliance, one of the fastest growing markets for legal services, is the way organizations manage risk areas ranging from corruption to data privacy. This class will teach students how to use empirical data to develop a risk based approach to compliance. The course will begin with an overview of some of the risk areas driving the increased focus on compliance including global corruption, data privacy, trade controls, and environmental risk. Students will learn how to analyze empirical data to build a compliance program to address these risks. Guest speakers will include in house counsel with deep compliance experience who will discuss a variety of different compliance topics.
5397 International Courts & Tribunals - KHAN (offered in Fall 2013)
5297 International Courts & Tribunals - SAYANI (offered in Fall 2011)
This course focuses upon the practice and procedure before international courts and tribunals that emphasize international civil dispute resolution. The primary focus will be on the International Court of Justice ("ICJ"). Students will examine the ICJ's history, organization, competence and role as a permanent international institution and mechanism for the pacific settlement of disputes between States. With respect to the practice component of the course, students will be exposed to the rules of procedure and style of practice before the ICJ through the use of a hypothetical contentious case between two States. Students will learn how a case is brought before the ICJ and how various procedural and preliminary matters such as jurisdiction, standing and admissibility are addressed before the Court. Particular attention will be paid to the jurisprudence of the ICJ with respect to such issues. In doing so, students will gain exposure to substantive international law in the form of international human rights law represented by various human rights instruments and customary international law.
Students will gain experience in researching and using the various international legal materials and sources necessary for making oral and written submissions before the ICI Students will also gain practical experience in drafting written memorials and pleadings for submission to the ICJ, as well as making oral arguments based on such written submissions. During the course of the semester, students will draft one short writing assignment (3-5 pages) in the form of preliminary objections and/or responses to the ICJ each arguing discrete jurisdictional issues arising out of the hypothetical contentious case. Students will also prepare a brief oral argument (approximately 10 minutes) regarding the same. At the end of the semester, each student will prepare a final substantive writing assignment (approximately 8-10 pages in length) consisting of a memorial to the ICJ on the merits of the case. Students will also deliver a final oral argument (approximately 15 minutes in length) regarding the same. Students will work individually and be assigned roles as applicant and respondent for their written and oral assignments.
5297 International Intellectual Property - COLMENTER (offered in Fall 2011)
This course examines, analyzes and studies the remarkable subject of International Intellectual Property Law and how to enforce trademarks, patents and copyrights beyond national boundaries. Special emphasis will be placed on international standards for intellectual property and its implementation, application and practices in national jurisdictions. In addition the course covers the differences and similarities between the diverse national intellectual property systems. The course will be divided into six major blocks:
a. Overview and Introductory Themes.
b. International Copyright and Neighboring Rights.
c. International Patent Law.
d. International Trademarks and Geographical Indications.
e. Unfair Competition and Trade Secrets.
f. International Enforcement of Intellectual Property Rights.
5297 International Investment Law - CARDENAS (offered in Fall 2013)
Description pdf
5297 International Risk Management - DIMITROFF/RIVERO (offered in Spring 2011)
This course will look at the legal framework for international oilfield service contracts, including both substantive law and practical counseling. The issues and solutions discussed in this course will be similar to those that arise in many other international agreements for the sale of services, which commonly form the substance of much international legal work in Houston.
The course would be divided into three basic segments:
1. The first part of the course will set forth the background of international oilfield services contracts, including a review of the underlying treaties, statutes and regulations applicable to these contracts. These would include treaties and laws regulating the creation of oilfield projects, including international trade agreements, such as the WTO and NAFTA. This part will also include a series of discussions and reading assignments relating to enforcement, through litigation or arbitration, of international energy projects, including the New York Convention for Recognition and Enforcement of Foreign Arbitral Awards, extraterritorial aspects of U.S. law, and conflict of laws and comparative law issues (e.g., differences between the law of the United States and England, as well as the general principals of law in common law and civil law countries).
2. The second part of the course will involve analysis of a specific hypothetical drilling agreement. We will use a format that involves the client having negotiated the basic terms of the agreement, which must then be dealt with by the attorneys for the client. The class will assist in the initial evaluation of the deal to advise the client concerning the risks that the company has undertaken.
3. The third part of the course will involve an analysis of problems that arise under the hypothetical drilling agreement, including: counseling of the client as the drilling commences and problems begin to arise; counseling the client and assisting the client them in protecting the company’s interests as the contract begins to slide towards dispute resolution; the conduct of the arbitration, with an emphasis on the strategic elements thereof. This will include multi-national mechanisms for the protection of assets.
In each of the above stages, the General Counsel for the client will provide feedback to the class concerning the pragmatic, practical steps that should be taken to protect the client’s interest. The senior partners of your firm will serve as your mentor as to the substantive legal issues before you. The students will be given a project in which they will draft relevant contract provisions based on the materials taught in the first part of the course. The work will be discussed in class, citing specific “client issues and goals.” The students will participate in teams and will then be asked to redraft the provisions to provide solutions. A “model redraft” of the contract will then be given to the class.
The students will be graded in two parts. First, they will be asked to analyze the “model redraft” provisions based on the legal issues and rules matters studied during the the course. This portion of the course will count for 40% of the final grade. Second, 60 percent of the grade will be based on a final exam that will be comprehensive and will cover the entire course material.
7397 Introduction to Global Energy Management and Policy - PRATT (offered in Fall 2012)
This course, taught by Dr. Joe Pratt, provides an excellent introduction to the organization and management of the global energy industries, with a focus on oil and natural gas.
We will start with an overview of the patterns of supply and demand over the last two decades. This section will discuss important trends in the energy mix around the world; included will be the impact of new technologies and high energy prices on the emergence of new sources of energy ranging from natural gas fracking and deepwater offshore oil to renewables.
We will then analyze the major institutions that shape the evolution of energy markets. These include OPEC, international oil companies (such as ExxonMobil and Shell), the most significant national oil and natural gas companies (such as
Saudi Aramco, Petrobras, and Gazprom), and the governments of the major producing and consuming nations.
Against this backdrop, the heart of the course will be case studies of business strategy and government policy around the world. We will use these case studies to discuss many of the most pressing issues influencing global energy markets from a managerial perspective.
Class discussion will be an important part of the class, and we will have a variety of guest speakers from industry and government. Students will have the opportunity to define an individual or group project on a topic of special interest. The course will include graduate students from Bauer and the Law Center.
Readings will include sections of Daniel Yergin’s The Quest: Energy, Security, and the Remaking of the Modern World and a variety of articles and case studies.
Joe Pratt is the Cullen Professor of History and Business. He recently has finished writing a history of ExxonMobil from 1973-2005. He taught at the Haas School of Business at UC-Berkeley and the Harvard Business School before coming to UH, where he regularly teaches in the EMBA’s energy certificate program. He has conducted research inside Exxon, the late Amoco, the late Texas Eastern Corporation, the National Petroleum Council, and the American Petroleum Institute. (His research did not put Amoco or Texas Eastern out of business.)
Outline (pdf)
5297 Introduction to the Law of Mexico - PINTO-LEON (offered in Spring 2013)
This course will provide a general introduction to the Mexican legal system. Topics to be covered will include an overview of Mexican legal history; Mexican constitutional law; the Mexican judicial system; introduction to civil and commercial law; real estate law; civil procedure; and criminal law. The course will also include an introduction to conducting basic research on Mexican law. We will also cover transborder litigation and enforcement of foreign judgments in Mexico The grade for this course will be determined by students' performance on 2-hour open book final exam.
5297 Introduction to the Law of Mexico - PINTO-LEON (offered in Spring 2012)
This course will provide a general introduction to the Mexican legal system. Topics to be covered will include an overview of Mexican legal history; Mexican constitutional law; the Mexican judicial system; introduction to civil and commercial law; real estate law; civil procedure; and criminal law. The course will also include an introduction to conducting basic research on Mexican law. We will also cover transborder litigation and enforcement of foreign judgments in Mexico The grade for this course will be determined by students' performance on 2-hour open book final exam.
5297 Law and Policy Reform in Oil-Producing Countries - MAPLES (offered in Fall 2013)
This course will explore the many ways in which both nations and states (including the United States) use their resources as a country. The course will examine the intersection of the petroleum industry with a variety of other areas: diplomacy, taxation, international relations, macroeconomics, “resource curse theory” and of course, how the law relates to all of these areas. Special focus will be on the relationship between IOCs and host countries.
5397 Law Office Management - POLLARD SACKS (offered in Spring 2013)
Students will be introduced to basic concepts of law firm management, including typical and predictable problems in managing a law practice, and solutions to these problems. Student outcomes include: understanding the business of practicing law and the importance of a very organized and low overhead office; obtaining skills for organizing files, handling finances, and minimizing accounts receivables; knowing how to develop business and to keep good clients; and gaining communication and interpersonal skills to handle employees, clients, and the people involved in the court system. In addition, students are expected to understand how the practice of law has changed over the past century and, in particular, over the past quarter century based on the popularity of the internet and social media. Guest speakers will include local practitioners, recent law school graduates, banking experts (concerning setting up your IOLTA accounts and obtaining small business loans), local trial and/or appellate judges, and/or representatives from the State Bar of Texas, depending on availability of the speakers. Class participation is critical and is one aspect of the final grade.
5397 Lawyering Skills and Strategies (FLLM) - TILTON-MCCARTHY (offered in Fall 2012)
5397 Lawyering Skills and Strategies - A1 - MORRIS (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5297 Lawyering Skills and Strategies - A1 - MORRIS (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5297 Lawyering Skills and Strategies - A2 - RACHLIN (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - A2 - RACHLIN (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - A3 - TABOR (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5297 Lawyering Skills and Strategies - A3 - TABOR (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5297 Lawyering Skills and Strategies - A4 - TWOMEY (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - A4 - TWOMEY (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - B1 - HEARD (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
Course Information Sheet (pdf)
5297 Lawyering Skills and Strategies - B1 - HEARD (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
Course Information Sheet (pdf)
5297 Lawyering Skills and Strategies - B2 - MORRIS (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - B2 - MORRIS (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - B3 - SMITH (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5297 Lawyering Skills and Strategies - B3 - SMITH (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5297 Lawyering Skills and Strategies - B4 - TABOR (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - B4 - TABOR (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - C1 - HEARD (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
Course Information Sheet (pdf)
5297 Lawyering Skills and Strategies - C1 - HEARD (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
Course Information Sheet (pdf)
5297 Lawyering Skills and Strategies - C2 - RACHLIN (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - C2 - RACHLIN (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - C3 - SMITH (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5297 Lawyering Skills and Strategies - C3 - SMITH (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5297 Lawyering Skills and Strategies - C4 - TWOMEY (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - C4 - TWOMEY (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - E1 - SIMPSON (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5297 Lawyering Skills and Strategies - E1 - SIMPSON (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5297 Lawyering Skills and Strategies - E2 - SIMPSON (offered in Spring 2013)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - E2 - SIMPSON (offered in Fall 2012)
Lawyering Skills and Strategies
Course Description
Fall 2012/Spring 2013
Lawyering Skills and Strategies I will focus on an introduction to the American legal system and the skills and strategic planning lawyers must possess to succeed within it. The curriculum will be problem – based, using fact-pattern simulations to enable students to work through actual practice skills and strategies and ethical issues. Training in essential lawyering skills such as oral communication, legal writing, research and analysis will be embedded within fact pattern simulations involving typical transactional issues which students will work through to develop lawyering skills and problem-solving strategies. Students will be divided into small groups to represent opposing sides of the problem.
Lawyering Skills and Strategies II will again be problem based, using fact-pattern simulations to enable students to work through actual lawyering experiences. This semester will focus more on developing persuasive skills. Students will work through simulations designed to develop lawyering skills and problem-solving strategies. The students will be divided into small groups representing opposing sides of the problem.
5397 Lawyering Skills and Strategies - E3 - TILTON-MCCARTHY (offered in Fall 2012)
5297 Lawyering Skills and Strategies - E3 - TILTON-MCCARTHY (offered in Spring 2013)
5297 Legal Negotiations - LAWRENCE (offered in Summer II 2012)
The skill of negotiating is required in all areas and all phases of legal practice. The purpose of the negotiation course can be described in terms of providing participants with a theoretical framework and practical tools for resolving issues on favorable terms while maintaining or enhancing relationships. The objectives for the course are to help participants better understand the significance of process in negotiation, the importance of preparation in achieving objectives, and the value of adherence to fundamental principles; to provide participants with practical tools to prepare more effectively, to organize thinking to help make critical decisions, to adopt and implement effective negotiation strategies, and to learn from future negotiations; and to help participants improve negotiation skills.
5297 Legal Negotiations - LAWRENCE (offered in Summer I 2011)
The skill of negotiating is required in all areas and all phases of legal practice. The purpose of the negotiation course can be described in terms of providing participants with a theoretical framework and practical tools for resolving issues on favorable terms while maintaining or enhancing relationships. The objectives for the course are to help participants better understand the significance of process in negotiation, the importance of preparation in achieving objectives, and the value of adherence to fundamental principles; to provide participants with practical tools to prepare more effectively, to organize thinking to help make critical decisions, to adopt and implement effective negotiation strategies, and to learn from future negotiations; and to help participants improve negotiation skills.
5297 Litigating Contract Dispute - BUZBEE/ZAMORA (offered in Spring 2012)
This course will introduce students to the practical, strategic and analytical issues that confront lawyers when representing clients involved in contract disputes. Students will confront hypothetical, but realistic contract cases. A good portion of the class will involve division of the students into teams. Each student team will represent a client in the dispute and will analyze the dispute in terms of the client’s contractual rights (and defenses to the opposing party’s claims), along with procedural and other issues that will arise in prosecuting or defending a contract dispute.
5297 Medical Liability - BURRUS (offered in Fall 2012)
This course focuses on medical malpractice litigation. Through a practical approach, the students will examine each step in managing a medical malpractice lawsuit. In addition to exploring the fundamental issues of physician-patient relationship, standard of care, informed consent, institutional and agency liability, and peer review, students will learn about the substantive and procedural aspects of each stage of a malpractice action. The stages will incorporate such issues as determining whether to bring a malpractice action, qualifying or challenging expert and scientific evidence, proving causation and damages, defending malpractice claims, and allocating liability among different providers. Because malpractice is governed by state common and statutory law, most of the cases will be drawn from Texas law. The course will also highlight Texas’ reform statute that many see as a model throughout the nation.
5297 Medical Liability - BURRUS (offered in Fall 2011)
This course focuses on medical malpractice litigation. Through a practical approach, the students will examine each step in managing a medical malpractice lawsuit. In addition to exploring the fundamental issues of physician-patient relationship, standard of care, informed consent, institutional and agency liability, and peer review, students will learn about the substantive and procedural aspects of each stage of a malpractice action. The stages will incorporate such issues as determining whether to bring a malpractice action, qualifying or challenging expert and scientific evidence, proving causation and damages, defending malpractice claims, and allocating liability among different providers. Because malpractice is governed by state common and statutory law, most of the cases will be drawn from Texas law. The course will also highlight Texas’ reform statute that many see as a model throughout the nation.
5297 National Security Law - McCONNELL/GALLAGHER (offered in Spring 2011)
This course will cover presidential and congressional national security powers under the Constitution and case law with a focus on surveillance and other counterterrorism measures including the Foreign Intelligence Surveillance Act and the USA Patriot Act. The course will focus on applying those principles to national security prosecutions and investigations. The grade will be based on paper written by students on a subject covered by the course.
5297 Natural Gas Regulation - LAKE (offered in Spring 2011)
This course will provide an overview of economic regulation of the natural gas industry. The course will cover the principal substantive laws and rules applicable to federal economic regulation of natural gas pipeline gathering, transportation and distribution, as well as natural gas production and selected Texas state regulation. In addition, the course will focus on the economic and regulatory policies that are the drivers of economic regulation of the natural gas industry.
5297 Offshore Leasing - MOORE (offered in Fall 2012)
The course will cover the Deepwater JOA, Participation Agreements, appropriate portions of 30 CFR, the impact of the OHA Directors decision in the Julia case on Deepwater GoM Suspensions of Operation, the cycle time from lease acquisition to first oil or gas, mid-stream issues (pipelines to shore and PHA’s), OCS Lease Sales, internal approval processes of Lessees and other topics.
5297 Oil & Gas Pipeline Regulation - LAKE (offered in Spring 2012)
Oily shale gas development plays have focused renewed attention on oil and gas pipeline infrastructure.This course will provide an overview of federal economic regulation of oil pipelines and gas pipelines. This course will cover the principal statutory provisions, rules and cases that address jurisdictional status, construction, rates and other material economic regulation of these pipelines, with a focus on comparing and contrasting the different applicable regulatory regimes and historical antecedents. In addition, this course will consider the differing economic and regulatory policies that are drivers of federal economic regulation of oil pipelines and gas pipelines.
5297 Oil & Gas Pipeline Regulation - LAKE (offered in Spring 2013)
'Oily' shale gas plays in the United States have spotlighted the need for additional domestic pipeline infrastructure that may include a combination of natural gas pipelines and oil/condensate pipelines. This course will compare and contrast the principal substantive laws and rules in the United States that govern the economic regulation of oil pipelines and natural gas pipelines, with emphasis on federal regulation under the Interstate Commerce Act and the Natural Gas Act. In addition, the course will focus on the differing historical antecedents, and economic and regulatory policies , which are the drivers of economic regulation of domestic oil and gas pipelines under these different regulatory regimes.
5297 Origins of the Federal Constitution - ESKRIDGE (offered in Fall 2012)
Origins of the Federal Constitution presents an intensive introduction to the historical sources of the Constitution. By reference to original source documents, the class considers the common law and other influences on early American government and justice, such as Locke, Montesquieu, and Blackstone’s Commentaries; the colonial experience leading to and immediately following the American Revolution; documents and debate directly relevant to formation of individual constitutional provisions and amendments; and the initial experience and understanding of the Constitution, through to Story’s Commentaries, in addition to later amendments. The class will also consider the influence and use of this material on modern interpretation of the Constitution.
5397 Patent Remedies & Defenses - JANICKE (offered in Spring 2012)
5397 Patent Remedies & Defenses - JANICKE (offered in Spring 2011)
5297 Personal & Professional Ethics - SCHUWERK (offered in Spring 2011)
Personal and Professional Ethics
This offering is comprised of two separate courses, both of which must be taken in order for a student to be enrolled. The overall goal of the course is to explore the causes of and possible cures for law student and lawyer distress. This is done through a series of readings and speakers that focus on such matters, including an expert on personality types, one or more psychologists who work extensively with law students and lawyers, and numerous practicing lawyers and judges. The overall methodology and philosophy of the course are set out at length in an article authored by the instructor. See 45 S.Tex. L. Rev. 753, 795-804, 809-813 (2004).
The one-hour portion of the course will require preparation of a ten-page paper, exclusive of footnotes, on a topic germane to the course. The two-hour portion of the course will be graded pass-fail. It will require preparation of short reflective papers (1-2 typewritten pages) on topics growing out of class presentations and discussions, and the completion of evaluative instruments designed specifically for the course.
5197 Personal & Professional Ethics - SCHUWERK (offered in Spring 2011)
Personal and Professional Ethics
This offering is comprised of two separate courses, both of which must be taken in order for a student to be enrolled. The overall goal of the course is to explore the causes of and possible cures for law student and lawyer distress. This is done through a series of readings and speakers that focus on such matters, including an expert on personality types, one or more psychologists who work extensively with law students and lawyers, and numerous practicing lawyers and judges. The overall methodology and philosophy of the course are set out at length in an article authored by the instructor. See 45 S.Tex. L. Rev. 753, 795-804, 809-813 (2004).
The one-hour portion of the course will require preparation of a ten-page paper, exclusive of footnotes, on a topic germane to the course. The two-hour portion of the course will be graded pass-fail. It will require preparation of short reflective papers (1-2 typewritten pages) on topics growing out of class presentations and discussions, and the completion of evaluative instruments designed specifically for the course.
5297 Personal & Professional Ethics - SCHUWERK (offered in Spring 2012)
Personal and Professional Ethics
This offering is comprised of two separate courses, both of which must be taken in order for a student to be enrolled. The overall goal of the course is to explore the causes of and possible cures for law student and lawyer distress. This is done through a series of readings and speakers that focus on such matters, including an expert on personality types, one or more psychologists who work extensively with law students and lawyers, and numerous practicing lawyers and judges. The overall methodology and philosophy of the course are set out at length in an article authored by the instructor. See 45 S.Tex. L. Rev. 753, 795-804, 809-813 (2004).
The one-hour portion of the course will require preparation of a ten-page paper, exclusive of footnotes, on a topic germane to the course. The two-hour portion of the course will be graded pass-fail. It will require preparation of short reflective papers (1-2 typewritten pages) on topics growing out of class presentations and discussions, and the completion of evaluative instruments designed specifically for the course.
5197 Personal & Professional Ethics - SCHUWERK (offered in Spring 2012)
Personal and Professional Ethics
This offering is comprised of two separate courses, both of which must be taken in order for a student to be enrolled. The overall goal of the course is to explore the causes of and possible cures for law student and lawyer distress. This is done through a series of readings and speakers that focus on such matters, including an expert on personality types, one or more psychologists who work extensively with law students and lawyers, and numerous practicing lawyers and judges. The overall methodology and philosophy of the course are set out at length in an article authored by the instructor. See 45 S.Tex. L. Rev. 753, 795-804, 809-813 (2004).
The one-hour portion of the course will require preparation of a ten-page paper, exclusive of footnotes, on a topic germane to the course. The two-hour portion of the course will be graded pass-fail. It will require preparation of short reflective papers (1-2 typewritten pages) on topics growing out of class presentations and discussions, and the completion of evaluative instruments designed specifically for the course.
5397 Poverty Law Practice - MCELVANEY (offered in Spring 2011)
This course presents practical aspects of practicing law in a variety of poverty law areas. After completing this course, students will have basic legal and practical knowledge in civil litigation, contract issues, real estate practices, landlord and tenant law, bankruptcy, consumer law, family law and divorce, wills and probate, criminal law, and law office management.
5397 Poverty Law Practice - 1L Elective - MCELVANEY (offered in Summer IV 2011)
This course presents practical aspects of practicing law in a variety of poverty law areas. After completing this course, students will have basic legal and practical knowledge in civil litigation, contract issues, real estate practices, landlord and tenant law, bankruptcy, consumer law, family law and divorce, wills and probate, criminal law, and law office management.
5397 Practice of Law in the Oil & Gas Industry - BORTKA (offered in Spring 2013)
Houston is the “Oil Capital of the World”. Nearly all major and large independent oil and gas companies have offices in Houston. Hundreds of oil-business related companies call Houston “home”. Texas, as well as Houston, have perpetual needs for lawyers who understand how the oil and gas industry works and who are able to identify issues and offer practical legal solutions for the industry’s problems.
Nine million Americans are employed directly or indirectly in the oil and gas business. The United States is the world’s third largest producer of hydrocarbons with over 500,000 active wells operated by 18,000 oil and gas companies. There are 162,000 service stations, hundreds of thousands of miles of pipelines and 141 refineries operating in the United States. America has 3,800 offshore platforms producing oil and gas; nearly all of which are in the Gulf of Mexico. The industry is a behemoth.
Major stakeholders in the oil and gas business include landowners; developers; royalty owners; realtors; banks; local, state, and federal governments; foreign governments; regulatory agencies; non-governmental organizations; and shipping companies. Business men, accountants, economists, geologists, engineers, environmental scientists, public officials, and lawyers represent only a few of the professionals that make full time careers in the oil business or find themselves in positions to regularly and professionally interact with and represent people who do so.
The oil industry created and continues to use an extensive, unique, and colorful language that can confuse and impede those outside of the oil-patch. The most successful lawyers in this industry understand the business and its language and are able to identify legal issues that arise from the well-site to the gas pump. Clients gravitate toward lawyers that can speak their language and help them solve problems.
This course teaches oil industry business basics and terminology. It teaches basic concepts of exploration, production, pipeline operation and refining that are known by the majority of operating and business people working in those groups. Knowing these basics will equip the lawyer to better negotiate and advocate for his or her client and more easily identify legal issues, opportunities, causes of action, and remedies.
Oil companies often take opposing positions with respect to environmental protection, employment law, health and safety, use of independent contractors, risk taking, and regulatory and legislative advocacy. Knowing how and why these positions are taken, and the legal risks associated with each position help company-lawyers best serve their clients. Knowing these business and legal rationales also benefits lawyers collaborating with, or working in opposition to, the oil companies such as trial attorneys, regulatory attorneys, and lawyers from non-governmental organizations.
The student should complete the course with an appreciation of how the entire industry “works”, be able to identify legal issues that typically arise in numerous business disputes and opportunities, and be better prepared to assist his or her client with optimal legal solutions to those matters.
5397 Practice of Law in the Oil & Gas Industry - BORTKA (offered in Spring 2012)
Description (pdf)
5297 Privacy & Data Protection - Bender (offered in Spring 2011)
This introductory course will cover the basic principles of privacy and data protection law, and will examine the policies underlying this still-nascent and growing form of protection. It will deal with areas where privacy law conflicts with the media, and with law enforcement, as well as with the privacy accorded government records. It will encompass privacy of financial data, and the relationship between privacy and place. It will also cover some state privacy statutes, some privacy-related activities of the Federal Trade Commission, and the structure and substance of privacy law of some jurisdictions outside the United States, including the European Union. There are no prerequisites for this course.
5297 Procedure of Patent Litigation - DHANANI (offered in Spring 2011)
The Course will focus on how to litigate a patent infringement case in Federal District Court and the relationship of the district courts and the Federal Circuit in patent litigation. In particular, the course will examine a hypothetical patent case from the pleadings, through the Markman hearing, and to trial. The course focuses on the hands-on issues that patent litigators face in their day to day trial preparation. The goal is to provide the students with an overall process for how a patent case is conducted all the way through trial.
5297 Procedure of Patent Litigation - DHANANI (offered in Fall 2012)
The Course will focus on how to litigate a patent infringement case in Federal District Court and the relationship of the district courts and the Federal Circuit in patent litigation. In particular, the course will examine a hypothetical patent case from the pleadings, through the Markman hearing, and to trial. The course focuses on the hands-on issues that patent litigators face in their day to day trial preparation. The goal is to provide the students with an overall process for how a patent case is conducted all the way through trial.
5297 Procedure of Patent Litigation - DHANANI (offered in Fall 2013)
The Course will focus on how to litigate a patent infringement case in Federal District Court and the relationship of the district courts and the Federal Circuit in patent litigation. In particular, the course will examine a hypothetical patent case from the pleadings, through the Markman hearing, and to trial. The course focuses on the hands-on issues that patent litigators face in their day to day trial preparation. The goal is to provide the students with an overall process for how a patent case is conducted all the way through trial.
5397 Property & Casualty Insurance - DISIERE/COOPER (offered in Spring 2011)
This class will be one of the most personally and professionally useful courses of your legal education. Property and casualty insurance is purchased, in some form or fashion, by virtually every individual and every business entity in America. In addition to your own personal insurance, almost any practice area will bring you into contact with issues arising out of property and casualty insurance. This course will analyze the fundamental concepts of property and casualty insurance through various policy forms including: General Liability, Professional Liability, Auto, Homeowners, Commercial Property, and Workers' Compensation/Employers Liability. It will also examine common law and statutory bad faith claims, insurance-industry regulation, and ethical issues that arise specifically within the insurance context.
5397 Public Health Law - LUNSTROTH (offered in Fall 2011)
The subject matter of public health law is very much in flux. There are so many health oriented laws and legal regimes in existence now that it might be one of the most “lawyered up” areas of human existence; yet at the same time there is a tremendous push by the public health community, acting through its experts, to expand and reform health oriented regulations. Part of the problem the “reformers” are seeking to address is that many health legal regimes date to the early 20th century and do not address the different kinds of health influences that now exist. Yet that does not explain the reform movement in its entirety.
The public health movement is historically and politically quite complex. It has its origins in two 19th century “discoveries.” First, reformers such as Friedrich Engels (of Marx & Engels fame), and Rudolph Virchow, among others, realized that there is an intimate link between poverty and working conditions and health. This insight became central to socialist ideology; fell out of favor among public health experts in the latter part of the 19th century with the advent of scientific medicine, and came back into national consciousness in the US in the 1960s and 70s. It is now revitalized, but as you can imagine is controversial especially in the US because it sees disease as a result of economic structures. Poverty creates disease. By the way, this is the best scientific explanation for disease at the population level that we have. It is very well documented.
Second, beginning with Snow’s discovery of the link between fecally contaminated water and cholera (1850-1855), and taking off with Koch’s discovery of the Mycobacterium tuberculosis (1872), was the bacterial and scientific revolution. Laboratory science became the darling of progressive era medicine and ideas about the public’s health. As the medical profession became more and more powerful, it co-opted ideas about public health that involved political or community based solutions to health problems.
The two origins of public health are at odds with one another, and this conflict is at the root of attempts to reform the regulation of the public’s health today. On the various hands of this multi-armed creature are: scientific and medical experts, with their lawyers, demanding more detailed regulation of our behavior; public health socialists and their lawyers demanding income redistribution; the private capitalist sector, demanding more powerful market protections for their health and medical products; and the American public with its historical aversion to regulation. This structure is reflected into the international legal sphere (e.g., in regulations passed by the World Health Assembly) through the powerful influence of neo-liberal economic pressures, and the claims to universality of the American medical/scientific model.
The course will survey the various laws in existence, and explore the various pressures that seek to influence legal reform of the public health sector. Grade will be from class participation, including two or three 1 page papers, and a 5,000 word paper due end of final exam period.
5397 Public Health Law - LUNSTROTH (offered in Fall 2012)
Public health law (PHL) is a vast, amorphous collection of laws that is almost co-extensive the legal system itself, the safety and welfare of the populace being a primary justification for the implementation and enactment of laws. We will begin the class with a survey of PHL and then take up a particular problem in global health. The class will be divided into groups each of which will represent a different participant in the process of evaluating and then implementing a public health legal intervention. The teams will become familiar with the science, ethics and politics, and the negotiations between them, in the lead-up to the drafting of a PHL. We will also investigate the evaluation of PHL: should it be subject to scientific testing? Are there better and worse ways of getting a PHL to the public? How should we measure the effect of a law? The problem we work on as a group will be a problem that is being addressed by a section of the local public health community; and I will be working over the summer to set up interaction between the class and the public health folks so you can get a hands-on feel of what it is like to work on a public health problem from the legal perspective.
5397 Race & the Law - CHASE (offered in Spring 2012)
This course will examine the application of constitutional and statutory antidiscrimination law to race related controversies across a variety of settings. The course will begin with an exploration of the historical developments that led to antidiscrimination law, and with an introduction to the competing frameworks that define current antidiscrimination law: the discriminatory purpose and anti-classification approaches that feature prominently in equal protection doctrine, and the disparate impact framework that is incorporated into some statutory law. The settings that will be examined include criminal justice, college admissions, political participation, primary/secondary education, employment, housing, hate speech, and the formation of family relationships. In each of these settings, we will devote close attention to the role of antidiscrimination law in specific controversies. Throughout, our intellectual goals will be twofold: to understand the special challenges that race poses, and to appreciate more generally some of the dilemmas of legal regulation.
5397 Real Estate Transactions - ZALE (offered in Fall 2012)
This is a "real world," practical course that will apply some of the substantive concepts from first-year property to a wide range of common real estate transactions and related matters. Issues relating to both commercial and residential transactions will be considered. Matters to be covered will include broker listing agreements, purchase and sales contracts, conveyancing documents, recording acts, title and survey, leases, mortgages and deed of trusts, foreclosures, and other financing issues. The course materials will be the assigned casebook, the Texas Property Code, and some supplemental materials. The course will be taught through a combination of lecture, student participation and drafting exercises. Students will be expected to review assigned materials prior to class; although cases will be included in the assigned materials, case reading won’t predominate. The object of the course is give the student a basic foundation for understanding real estate practice and the tools to identify and address legal issues associated with the conveyancing and financing of real property.
5397 Real Estate Transactions - ZALE (offered in Fall 2013)
This is a "real world," practical course that will apply some of the substantive concepts from first-year property to a wide range of common real estate transactions and related matters. Issues relating to both commercial and residential transactions will be considered. Matters to be covered will include broker listing agreements, purchase and sales contracts, conveyancing documents, recording acts, title and survey, leases, mortgages and deed of trusts, foreclosures, and other financing issues. The course materials will be the assigned casebook, the Texas Property Code, and some supplemental materials. The course will be taught through a combination of lecture, student participation and drafting exercises. Students will be expected to review assigned materials prior to class; although cases will be included in the assigned materials, case reading won’t predominate. The object of the course is give the student a basic foundation for understanding real estate practice and the tools to identify and address legal issues associated with the conveyancing and financing of real property.
5397 Reform in Oil Producing States - MAPLES (offered in Spring 2013)
This course builds on the International Petroleum Transactions course to provide in-depth study and expertise of the current law and policy challenges that face oil producing nations. Though the seminar will delve deeply into political and economic theory and its intersection and influence in law and policy reform processes, the focus will be on the current pragmatic difficulties of using oil production to achieve the goals that societies often hope for: rapid development, economic growth, stability and prosperity.
The first part of the course will be in a traditional teacher-led discussion format, with readings assigned by the professor and discussion and lecture about these readings. In the latter part of the course, each student in the class will be actively representing a specific country, essentially becoming an “expert” on the country. The country a student is an expert on will be determined in consultation with the professor.
The readings and lectures during the first part of the course will provide the historical experiences and critical analysis of the prevailing and counter-theories on the questions of efficient petroleum production, economic development, and political economy, commonly treated under the umbrella term “Resource Curse”. It will also feature at least one case study to ground the historical and theoretical discussions in real experiences of oil producing nations.
After the initial seminars led by the professor, the students will take on the responsibility of presenting, in his or her view, the most pressing law and policy questions of the country that the student represents. These presentations should be approximately 30 minutes to give sufficient time to discuss the issues presented. Students will assign the readings for the class for which he or she will be the lead discussant (the professor remaining the chair of the proceedings) and will send to his or her colleagues a concise 2 page memorandum summarizing his or her issues and/or policy and law conclusions, if he or she has arrived at such conclusions. The student will present any history (historical readings should be included in his or her background materials) needed to explain and present the law and policy questions that are at the fore in the country or company today. Students will work closely with the professor to choose readings and refine their memos and presentations.
The final paper will be a law and policy briefing paper that is pragmatic (not academic) in nature. It should be written with a practical audience in mind: government officials, policy makers, think tanks, lawyers and advocates. This is not to say that the paper should not be very well-thought out and properly cited, but the discourse, language, structure, citations, and readability should all point to a law and policy format for the pin-pointed audience. Exceptional papers will be sent to eminent practitioners in the Government and policy arenas that would have occasion and opportunity to use them. Should a participant in the seminar seek to turn their paper into a longer research-oriented paper after the seminar or concurrently with it, we can work together to do both of these according to University rules.
5297 Renewable Energy Law - DUVIVIER (offered in Spring 2011)
Although renewable energy sources currently account for less than 10 % of total energy consumption in the United States, the development of many of these energy sources has grown exponentially both nationally and worldwide. The increased appetite for renewable energy sources has driven a need for more information about those sources and the significant legal implications arising from the development of those sources. This course will focus primarily on critical legal issues in tort, property, and contract areas raised by the expansion of key renewable energy sources such as solar, wind, hydropower, biomass, and geothermal. The course also will address the role of energy efficiency and some of the broader legal hurdles facing renewable energy use from a nationwide perspective.
7397 SEM: Federal Natural Resources - BURKE (offered in Fall 2013)
7397 SEM: Meeting the 21st Century Challenges of Natural Resource Management on Federal Lands - BURKE (offered in Spring 2013)
This seminar will examine some of the mechanisms for the management, use, and preservation of natural resources on federal land and the Outer Continental Shelf, including wildlife, wilderness, refuges, rivers, national parks, National Conservation Landscape System lands, minerals (fluid and solid), and timber. This course considers the history, jurisdiction, and conflicts of the natural resource management agencies (primarily the U.S. Forest Service and the Department of the Interior) under the various natural resources statutes such as the Endangered Species Act, the Migratory Bird Treaty Act, the Marine Mammal Protection Act, the National Environmental Policy Act, the National Wild and Scenic Rivers Act, the Federal Land Policy and Management Act, the General Mining Law, and the Mineral Leasing Act, to name just a few. Current issues to be considered include development of renewable energy on federal lands and on the Outer Continental Shelf, hydraulic fracturing, species listings and critical habitat designations, oil and gas development in the Arctic, wild horses and burros, and other challenging natural resource management issues.
7297 SEM: Advanced Topics in Family Law - OLDHAM (offered in Spring 2013)
Advanced Topics in Family Law is a seminar whose main focus is to allow students to complete a paper relating to family law. The paper, which will satisfy the UH Law writing requirement, needs to be 35 pages long. Two initial drafts will need to be submitted before the final version.
7397 SEM: Advanced Tort - DUNCAN (offered in Spring 2011)
This seminar provides an opportunity for further exploration of tort law, beyond that of the typical first year torts course.
7397 SEM: Children & the Law - MARRUS (offered in Spring 2013)
Description – Students will delve into various topics involving children and the law and complete a paper to meet the writing requirement. The subject matter of the paper may center around juvenile justice, the child welfare system, education – special education or the K-12 educational system, or health care. Each student will be responsible for participating in weekly class discussions, completing a paper of at least 35 pages including footnotes with two drafts, and a final class presentation. Having completed Juvenile Law, Children and the Law, Children's Health and the Law, or Criminal Procedure would be helpful for this class.
7397 SEM: Complex Litigation - GIDI (offered in Spring 2011)
Class action is the most controversial of all procedural devices. After studying the technical issues (prerequisites, certification, notice, opt out, settlement, res judicata) and its specific applications (antitrust, security, discrimination, mass tort), we will be able to better understand the political and social implications behind class actions. The course also deals with non-class aggregation, like joinder, impleader, interpleader, intervention, consolidation, transfers, and bankruptcy. It is also an excellent opportunity to review Civil Procedure concepts.
7397 SEM: Consumer Law (Consumer Credit Law & Policy) - HAWKINS (offered in Spring 2013)
"This course will consider a variety of different consumer credit products such as mortgages, credit cards, payday loans, and auto title loans. We will read and discuss law review articles and/or books that deal with the law that currently governs these products, and we will consider how to change the laws to meet policy goals. Students' grades will be based on an outline, rough draft, final paper on a consumer credit topic, and on class participation."
7397 SEM: Employment Law - MOOHR (offered in Spring 2011)
I usually require students to have taken one of our employment courses (labor law, employment law, or employment discrimination) to qualify for the employment law seminar. I also grant permission on a case-by-case basis if the student has some employment experience or other reason.
7397 SEM: Law & Religion - GRIFFIN (offered in Spring 2012)
This course examines the law's treatment of religion. In addition to analysis of the Free Exercise and Establishment Clauses of the First Amendment, the course examines conscientious objection, tort liability for churches, employment discrimination, and religion and politics, as well as some comparative materials on the international protection of religious freedom.
7397 SEM: Law & Theology - BUCKLES (offered in Fall 2011)
This course (i) introduces students to selected topics in the study of theology that conceptually parallel specific subjects in law and legal philosophy; (ii) attempts to expand students' understanding of how theological thought can inform legal inquiry, and how legal thought can inform theological inquiry; and (iii) attempts to increase students' awareness and enhance students' comprehension of the variety of historical and contemporary approaches to resolving problems that have arisen in theological and legal thought.
7297 SEM: Race & American Law Post Obama - CHASE (offered in Spring 2011)
7397 SEM: Securities Regulation - BRITTON (offered in Spring 2013)
Securities Regulation
A study of the basic principles of our unique system of securities regulation. Among the areas addressed are jurisdiction, the identification of securities and the analysis and evaluation of the disclosure philosophy as it pertains to domestic and international offerings as well as under state żblue skyż laws. Special emphasis is given to the importance of the principal exemptions form registration under the 1933 Act, and to consequent civil liabilities for unregistered offerings or inadequate disclosure in filed documents.
7397 SEM: Topics in Employment Law - MOOHR (offered in Spring 2014)
7397 SEM: White Collar Crime - MOOHR (offered in Fall 2012)
This seminar will focus on several crimes, such as fraud, insider trading, misappropriation of intellectual property, and conspiracy and issues such as corporate criminal liability. In addition to reading statutes and cases, assignments include viewing three or four movies that illustrate white collar issues (these will be available from the law school library and can be viewed at home or at school on your computer). Students write a 35 page paper on a white collar topic of their choice that fulfills the Law Center’s writing requirement.
5297 Shale Gas & LNG - SAKMAR (offered in Fall 2013)
This course explores the myriad of legal, policy and environmental issues pertaining to global natural gas markets with a particular focus on global shale gas development and the development of LNG import and export projects around the world, including recent developments in US LNG export projects.
The first half of the semester will explore the growing role that natural gas will play around the world in the context of global shale gas development. By most accounts, shale gas development in the United States has been a “game changer” that could be replicated around the world so long as the right regulatory and environmental frameworks are put in place. This course will explore the existing regulatory and environmental frameworks for shale gas, especially those in the United States, as well as frameworks being developed around the world with the objective of exploring the substantive law of shale gas development as well as developing the analytical and practical skills necessary to the practice of law.
The second half of the semester will explore the growing role that LNG is expected to play as the “glue” linking global gas markets. The course will explore the opportunities and challenges for various LNG import and export projects around the world in the current contextual reality wherein energy law and policy are increasingly intersecting with environmental law and geopolitics.
5397 Shale Gas & LNG - SAKMAR (offered in Spring 2013)
This course explores the myriad of legal, policy and environmental issues pertaining to global natural gas markets with a particular focus on global shale gas development and the development of LNG import and export projects around the world, including recent developments in US LNG export projects.
The first half of the semester will explore the growing role that natural gas will play around the world in the context of global shale gas development. By most accounts, shale gas development in the United States has been a “game changer” that could be replicated around the world so long as the right regulatory and environmental frameworks are put in place. This course will explore the existing regulatory and environmental frameworks for shale gas, especially those in the United States, as well as frameworks being developed around the world with the objective of exploring the substantive law of shale gas development as well as developing the analytical and practical skills necessary to the practice of law.
The second half of the semester will explore the growing role that LNG is expected to play as the “glue” linking global gas markets. The course will explore the opportunities and challenges for various LNG import and export projects around the world in the current contextual reality wherein energy law and policy are increasingly intersecting with environmental law and geopolitics.
5297 Shale Gas Development - YEATES (offered in Spring 2011)
A survey of relevant law and regulation governing exploration and production activities in all jurisdictions in the United States from New York in a sweeping arc to Alaska through Pennsylvania, Louisiana, Texas and the Dakotas and Wyoming that will feature distinguished lecturers for each of the fourteen class sessions who will complement the constituent legal and regulatory aspects of each segment by illustrating operational and business components involved in each shale play.
Deal structure, environmental matters, shale development’s attraction to foreign and domestic capital investments, landowner relations and socioeconomic considerations involved in drilling operations, as well as, responses to such operations by state and local governmental authorities will be among the topics covered in this course along with applicable law and regulatory matters.
One segment will be dedicated to the application of technology to developing real-time analysis of land, geological and geophysical information by means of state-of-the-art software currently employed by producers to map and view all spatial arrangements reflective of operational activities through the application of the latest technology in the field.
No prerequisites are required in law or undergraduate or graduate level courses for students to successfully complete this course. Instead of a final examination, from a list of topics to be provided during the first session of the course, a scholarly paper will be individually prepared (without group participation) by each of the students enrolled in the course. The paper shall be a minimum of 20-25 single spaced pages but will not be in satisfaction of the senior writing requirement. The papers will be due on the final day of class and will not be presented as part of class discussions.
5197 Small Firm Practice Skills - KNIGHT (offered in Summer I 2011)
The classroom component of the Apprenticeship Program, worth one hour of graded substantive credit. Students will hear from a variety of legal practitioners in no-holds-barred discussions about “The Good, The Bad, and the Ugly” sides to the practice of law.
5297 Special Education Law - Rynders/Beebe (offered in Fall 2013)
Course addresses the state and federal laws and regulations that govern the education of students with disabilities. Course will cover identification, evaluation, individualized education programs, placement, related services, assistive technology, discipline, enforcement, and remedies. This course will use a combination of lectures, class discussions, in-class exercises, and case studies.
5397 State & Local Gov't Law - ZALE (offered in Fall 2013)
While much of law school focuses on federal law, state and local law affects people more directly and concretely. States and local governments have substantial law-making and regulatory authority in areas as diverse as education policy, civil rights, tax law, land use and environmental issues. In addition, states and local governments are responsible for the financing and provision of most public services, and are the locus of much political participation by voters. This course examines both the law governing the powers of states and local governments and the actual content of state and local laws and policy. The course will also consider the relationships among various levels of government, including federal-state relations, state-local relations and intra-local relations.
5397 Statutory Interpretation and Regulation - BUSH (offered in Summer IV 2013)
This course introduces students to the role of statutes and administrative regulation in the practice of law today. The course covers, as its primary subject, the interpretation of statutes and regulations. This element includes the close reading of one or more complex statutes. The course also covers, as a second element, basic aspects of administrative law: in particular, how agencies implement and enforce statutes and regulations. The course may also include other elements, such as legislative process or regulatory policy.
5397 Statutory Interpretation and Regulation - BRUHL (offered in Spring 2014)
This course introduces students to the role of statutes and administrative regulation in the practice of law today. The course covers, as its primary subject, the interpretation of statutes and regulations. This element includes the close reading of one or more complex statutes. The course also covers, as a second element, basic aspects of administrative law: in particular, how agencies implement and enforce statutes and regulations. The course may also include other elements, such as legislative process or regulatory policy.
5397 Statutory Interpretation and Regulation - HESTER (offered in Spring 2014)
This course introduces students to the role of statutes and administrative regulation in the practice of law today. The course covers, as its primary subject, the interpretation of statutes and regulations. This element includes the close reading of one or more complex statutes. The course also covers, as a second element, basic aspects of administrative law: in particular, how agencies implement and enforce statutes and regulations. The course may also include other elements, such as legislative process or regulatory policy.
5397 Statutory Interpretation and Regulation - BUSH (offered in Spring 2014)
This course introduces students to the role of statutes and administrative regulation in the practice of law today. The course covers, as its primary subject, the interpretation of statutes and regulations. This element includes the close reading of one or more complex statutes. The course also covers, as a second element, basic aspects of administrative law: in particular, how agencies implement and enforce statutes and regulations. The course may also include other elements, such as legislative process or regulatory policy.
5397 Statutory Interpretation and Regulation - HESTER (offered in Spring 2013)
This course introduces students to the role of statutes and administrative regulation in the practice of law today. The course covers, as its primary subject, the interpretation of statutes and regulations. This element includes the close reading of one or more complex statutes. The course also covers, as a second element, basic aspects of administrative law: in particular, how agencies implement and enforce statutes and regulations. The course may also include other elements, such as legislative process or regulatory policy.
5397 Statutory Interpretation and Regulation - BRUHL (offered in Spring 2013)
This course introduces students to the role of statutes and administrative regulation in the practice of law today. The course covers, as its primary subject, the interpretation of statutes and regulations. This element includes the close reading of one or more complex statutes. The course also covers, as a second element, basic aspects of administrative law: in particular, how agencies implement and enforce statutes and regulations. The course may also include other elements, such as legislative process or regulatory policy.
5397 Statutory Interpretation and Regulation - BUSH (offered in Spring 2013)
This course introduces students to the role of statutes and administrative regulation in the practice of law today. The course covers, as its primary subject, the interpretation of statutes and regulations. This element includes the close reading of one or more complex statutes. The course also covers, as a second element, basic aspects of administrative law: in particular, how agencies implement and enforce statutes and regulations. The course may also include other elements, such as legislative process or regulatory policy.
5297 Tax Accounting - LEIGHTMAN/WOODRUFF (offered in Spring 2013)
Study of methods of accounting in the context of Federal tax laws including cash, accrual, installment methods, inventory taxation and time value of money concepts. The course will focus on the appropriate taxable year for including items of income, gain, loss and expense. The course will cover cash, accrual, installment and inventory methods as well as time value of money rules. The course will cover various judicial doctrines of taxation including the tax benefit rule, claim of right doctrine, economic benefit doctrine and constructive receipt concepts. Through the case method, students will learn the application of the principles of taxation in the context of tax planning. The reasoning and methodology utilized in the course will provide a sound basis for the study and analysis advanced tax topics in subsequent courses.
5297 Tax Accounting - LEIGHTMAN/WELLS (offered in Spring 2011)
Study of methods of accounting in the context of Federal tax laws including cash, accrual, installment methods, inventory taxation and time value of money concepts. The course will focus on the appropriate taxable year for including items of income, gain, loss and expense. The course will cover cash, accrual, installment and inventory methods as well as time value of money rules. The course will cover various judicial doctrines of taxation including the tax benefit rule, claim of right doctrine, economic benefit doctrine and constructive receipt concepts. Through the case method, students will learn the application of the principles of taxation in the context of tax planning. The reasoning and methodology utilized in the course will provide a sound basis for the study and analysis advanced tax topics in subsequent courses.
7397 Techniques & Tactics - Project Financing - ARBOGAST (offered in Spring 2011)
Examines the execution of project financing transactions, including various techniques and tactics which Sponsors can employ to get better terms. The course advocates a particular approach, that of "Frontend-designed Sponsor Finance Plans" and shows how this technique can be used to shape the complete Project Financing process. Students will also learn something of lender economics and negotiating tactics. Students will analyze and present case studies drawn from project finance transactions with which the professor is personally familiar. A Cap-stone LBO case involving the principals who closed the transaction will end the course.
5297 The Law and Policy of the US Electric Grid - Dworkin (offered in Spring 2013)
Course Description & Overview
The energy industry is both:
a key to the quality of life that billions seek and our world’s most significant source of pollution.
Thus, even as we struggle for cost-effective and reliable energy outcomes, environmental issues now seem the most important constraints faced by energy industries. This course examines the key issues in American energy policy (with particular reference to the electricity sector and with some reference to global context). It builds upon the concept of the "Energy Trilemma" in which we confront tensions among i) reliability, ii) economics and iii) environmental costs. Students will be asked to search for ways to resolve, or at least ease, the strains that such policy puts upon those three factors.
5397 The Wire: Crime, Law, and Social Policy - HAMILTON (offered in Fall 2012)
This course addresses various criminal justice issues dramatically illustrated in David Simon’s critically acclaimed HBO series “The Wire.” The topics explored include the following: policies underlying the war on drugs; the practicality and constitutionality of police procedures regarding searches, seizures, and confessions in dealing with street crime; institutional manipulation of crime statistics; race, gender, and class issues in the criminal justice system; prosecutorial bargaining and potential misconduct claims; and the politicization of criminal justice resources. Grades will be based on class participation, student presentations, and short papers concerning the legal and/or policy ramifications of certain scenes or themes presented in the series that may have broader criminal justice relevance. The prerequisite of having attentively watched the first season is necessary for a proper exploration of the issues previously outlined.
5397 The Wire: Crime, Law, and Social Policy - GERSHOWITZ (offered in Fall 2011)
This course explores legal and policy issues raised by David Simon's critically acclaimed HBO series The Wire. Among the topics explored will be confessions, police manipulation of crime statistics, race and the criminal justice system, prosecutors' incentives for charging and dismissing cases, honesty and accountability of law enforcement, government power and success in the war on drugs, and the distribution of resources in the criminal justice system. In addition to class participation, grades will be determined based on a series of short reaction papers that students will be responsible for drafting throughout the semester. Before enrolling in this course, please be advised that (1) The Wire contains a considerable amount of violence and offensive language, and (2) this course will require you to invest a significant amount of time before the semester begins because all students must watch the first two seasons of the show in advance of the first class. If either of the aforementioned presents a problem, you should not enroll in this course.
5397 Toxic Torts - SANDERS (offered in Spring 2011)
This course strives to give students an overview of the law of environmental and toxic torts. It includes cases in which there is a personal injury or property damage due to exposure to toxic substances, including drugs. It combines a historic overview of the field with coverage of the current issues confronting the courts and Congress.
The legal system’s response to these substances is both proactive and retroactive. Statutes such as the Food, Drug and Cosmetic Act (FDCA) and the Resource Conservation and Recovery Act (RCRA) seek to prevent injury by assessing a drug’s safety before permitting it to be marketed and by regulating the handling of hazardous waste. Common law torts suits sounding in negligence, products liability, nuisance, trespass, and strict liability for abnormally dangerous activities – provide potential redress for injuries caused by toxic substances and drugs and as do statutes such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which seeks to ensure that sites that have been contaminated are cleaned up to safe standards. This course explores both responses within the context of private tort law and statutes.
5397 Toxic Torts - SANDERS (offered in Spring 2013)
This course strives to give students an overview of the law of environmental and toxic torts. It includes cases in which there is a personal injury or property damage due to exposure to toxic substances, including drugs. It combines a historic overview of the field with coverage of the current issues confronting the courts and Congress.
The legal system’s response to these substances is both proactive and retroactive. Statutes such as the Food, Drug and Cosmetic Act (FDCA) and the Resource Conservation and Recovery Act (RCRA) seek to prevent injury by assessing a drug’s safety before permitting it to be marketed and by regulating the handling of hazardous waste. Common law torts suits sounding in negligence, products liability, nuisance, trespass, and strict liability for abnormally dangerous activities – provide potential redress for injuries caused by toxic substances and drugs and as do statutes such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which seeks to ensure that sites that have been contaminated are cleaned up to safe standards. This course explores both responses within the context of private tort law and statutes.
5497 Transactional Clinic I - KAFAH BACHARI (offered in Fall 2013)
Students advise small businesses and people trying to start small businesses about business structure, contracts, possible tax issues, commercial law matters and similar problems. Many of the small businesses raise sophisticated legal problems, while some are routine. Students work under a professor who is a member of the Texas Bar, and frequently accompanies them to the first meeting with a client. After that, the students usually have most of the contact with clients, always subject to the supervision of the professor. A weekly meeting is held for general discussion of the particular projects.
5497 Transactional Clinic I - KAFAH BACHARI (offered in Summer I 2013)
Students advise small businesses and people trying to start small businesses about business structure, contracts, possible tax issues, commercial law matters and similar problems. Many of the small businesses raise sophisticated legal problems, while some are routine. Students work under a professor who is a member of the Texas Bar, and frequently accompanies them to the first meeting with a client. After that, the students usually have most of the contact with clients, always subject to the supervision of the professor. A weekly meeting is held for general discussion of the particular projects.
5497 Transactional Clinic II - KAFAH BACHARI (offered in Fall 2013)
Students advise small businesses and people trying to start small businesses about business structure, contracts, possible tax issues, commercial law matters and similar problems. Many of the small businesses raise sophisticated legal problems, while some are routine. Students work under a professor who is a member of the Texas Bar, and frequently accompanies them to the first meeting with a client. After that, the students usually have most of the contact with clients, always subject to the supervision of the professor. A weekly meeting is held for general discussion of the particular projects.
5497 Transactional Clinic II - KAFAH BACHARI (offered in Summer I 2013)
Students advise small businesses and people trying to start small businesses about business structure, contracts, possible tax issues, commercial law matters and similar problems. Many of the small businesses raise sophisticated legal problems, while some are routine. Students work under a professor who is a member of the Texas Bar, and frequently accompanies them to the first meeting with a client. After that, the students usually have most of the contact with clients, always subject to the supervision of the professor. A weekly meeting is held for general discussion of the particular projects.
5397 Transactional Clinic II. - KAFAH BACHARI (offered in Summer I 2013)
5397 Transactional Clinic II. - KAFAH BACHARI (offered in Fall 2013)
5397 Transactional Clinic II. - KAFAH BACHARI (offered in Spring 2013)
5397 Transnational Petroleum Law in Latin America - CARDENAS (offered in Spring 2013)
This course is designed to present transactional and litigation cases involving Latin American oil producing countries on issues of international investment law, international arbitration, human rights and environmental law, which considered altogether make a significant contribution to the development of a transnational petroleum law.
Over the last decade, Latin America has been renowned as a strategic region for business in the international oil industry. The region is rich in natural resources and hydrocarbons reserves, and has attracted oil companies from all over the world to participate in upstream mega projects in traditional and emerging markets. However, it has been also the scenario of transnational litigation involving States and foreign investors, caused by expropriation waves, tax reforms and environmental claims.
The course will provide tools to develop legal skills acting as in-house counsel or as international attorney in the petroleum industry, such as:
1) Recognize petroleum industry best practices from State and Non-State sources of law applicable to petroleum investment projects, based in the review of petroleum contracts, petroleum industry standards and arbitration awards.
2) Identify new trends in transnational compliance and litigation involving petroleum transactions in Latin America, in order to improve expertise on risk allocation, investment protection and regulation of foreign investment.
3) Become familiar with the review of Bilateral Investment Treaties and Multilateral Investment Treaties, and the most relevant investment arbitration rules such as ICSID, ICC and UNCITRAL rules.
4) Build a broad perspective of petroleum national regulation and transactions in seven countries in Latin America: Venezuela, Bolivia, Ecuador, Argentina, Brazil, Colombia and Mexico.
5397 Venture Capital - BAKER (offered in Spring 2013)
The course will introduce students to the various legal and business considerations involved in forming and operating an emerging growth business. The course will utilize sample agreements, involve students in discussions regarding the numerous issues presented to legal counsel in representing start up emerging companies including forming the entity, structuring the economic benefits and management control among various owners, protecting intellectual property assets and raising capital for the business. Having completed business organizations and some accounting is necessary to satisfactorily completing this course.
5297 Virtual Worlds - BOLIN (offered in Fall 2011)
This course analyzes the intersection of real and virtual world property, interaction, crimes, gaming, rights, and speech. This course will cover topics from intellectual property in virtual spaces to Internet gambling and contract and speech concerns in virtual fora as well as the legal constructs that create and govern virtual spaces. Grading will be based on class participation and an original paper inspired by topics related to class reading.
5297 Whistleblower Litigation - ANDROPHY/GRIER/FRAZIER (offered in Spring 2012)
Whistleblower lawsuits under the False Claims Act, Dodd-Frank Wall Street Reform and Consumer Protection Act, Tax Relief Act of 2006, and related state laws. These acts cover health care fraud, government contracting fraud, financial fraud, and tax fraud. We will discuss the procedural steps for bringing a lawsuit or claim, the process of investigation, jurisdictional issues, pitfalls and bars to recovery, potential damages and penalties, and the ultimate bounty to the whistleblower. We will also discuss issues of retaliation for being a whistleblower and the potential for compensation.
5397 Written Advocacy - HOFFMANL (offered in Spring 2013)
This three credit hour course, which does not satisfy the UHLC writing requirement, is an advanced course of study in written advocacy for litigators. It is intended for students who wish to improve their persuasive writing skills, especially for civil litigation practice. Enrollment is limited to fourteen students.
Here is how the class works. In our first class meeting, the instructor will lead a discussion about basic strategies for approaching a problem that calls for a written answer/analysis. Students then have a few weeks to work up a first draft. At least once during these first few weeks, students will meet with the instructor about their first drafts. Once the drafts are completed, they will be exchanged in advance of the next class. In the next class, students and the instructor provide feedback on the initial work. The immediate goals of this first exercise are (i) dissection of good approaches to answering and analyzing the problem; (ii) comparative study of student work; and (iii) developing suggestions and a strategy plan for further refinement. Second drafts will then be due, following this same format with further feedback, along similar lines, at a more advanced stage of development.
There is no casebook for the course. The instructor will distribute a packet of reading material. There is no final examination. Students will be evaluated primarily on their written work; in-class participation may also be taken into account. At most, class participation could increase a student’s final grade by one-third of a letter grade. It is possible (though rare) for a student’s grade to be reduced for failure to participate.
Attendance is required both for regular class meetings and the separate meetings that will be scheduled with the instructor to discuss drafts of the student’s work. The instructor may lower a final grade and/or take any other appropriate disciplinary action necessary if the student is absent from more than 20% of the scheduled classes and instructor meetings.
5397 Written Advocacy - HoffmanL (offered in Spring 2012)
Course Outline: This three credit hour course, which does not satisfy the UHLC writing requirement, is an advanced course of study in written advocacy for litigators. It is intended for students who wish to improve their persuasive writing skills, especially for civil litigation practice. Enrollment is limited to fourteen students.
Here is how the class works. In our first class meeting, the instructor will lead a discussion about basic strategies for approaching a problem that calls for a written answer/analysis. Students then have a few weeks to work up a first draft. At least once during these first few weeks, students will meet with the instructor about their first drafts. Once the drafts are completed, they will be exchanged in advance of the next class. In the next class, students and the instructor provide feedback on the initial work. The immediate goals of this first exercise are (i) dissection of good approaches to answering and analyzing the problem; (ii) comparative study of student work; and (iii) developing suggestions and a strategy plan for further refinement. Second drafts will then be due, following this same format with further feedback, along similar lines, at a more advanced stage of development.
There is no casebook for the course. The instructor will distribute a packet of reading material. There is no final examination. Students will be evaluated primarily on their written work; in-class participation may also be taken into account. At most, class participation could increase a student’s final grade by one-third of a letter grade. It is possible (though rare) for a student’s grade to be reduced for failure to participate.
Attendance is required both for regular class meetings and the separate meetings that will be scheduled with the instructor to discuss drafts of the student’s work. The instructor may lower a final grade and/or take any other appropriate disciplinary action necessary if the student is absent from more than 20% of the scheduled classes and instructor meetings.
5397 Wrongful Convictions Causes and Remedies - THOMPSON (offered in Spring 2012)
This course will examine the leading causes of wrongful convictions—eyewitness identification, jailhouse informants, false confessions, prosecutorial misconduct, and false or misleading forensic testimony. It will also address other institutional weaknesses in the advocacy system such as ineffective assistance of counsel and “tunnel vision” by the actors in the advocacy system. The goal of the course is to learn more about these leading causes and the suggested reforms put forth by experts. The course will include guest lectures from representatives of the defense and prosecution, as well as an exonerated man. Students will view a full-length documentary and news segments. Students will also have the opportunity to tour a prison. Grades will be based on a three-hour exam consisting of essay questions.