5397 Administration of Estates and Guardianship - AKERS (offered in Spring 2016)
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.
5397 Admiralty, Maritime Commerce - WINTON (offered in Fall 2018)
This course will cover the general maritime law of commerce, including: maritime jurisdiction (in rem, quasi in rem and in personam) and the interplay between state and federal jurisdiction under the Savings to Suitors Clause, maritime procedure and substantive maritime law including contracts, torts (other than personal injury & wrongful death), collisions, cargo, limitation of liability, insurance, maritime liens, tugs, towage, pilotage and salvage. Whether or not one ever anticipates practicing maritime law to any great extent, the intent is that the student will come away with a much better understanding of federal jurisdiction and its impact on litigation practice generally.
5297 Advanced Drafting for Corporate Transactions - GINSBURG (offered in Fall 2018)
The purpose of this course is to prepare students for their first year of general corporate practice, whether in an in-house, law firm, or solo practice setting, by completing a simulated financing transaction. The course will focus on how secured transactions law, bankruptcy law and corporate law influence the structuring and documenting of a typical secured bank loan. Students will work through a hypothetical transaction that be the focal point of the entire semester. The class will begin by discussing alternative capital structures and how bank loans are used to finance acquisitions, growth and working capital needs. We will then analyze and draft credit and security documents, and learn how specific contract provisions are important to both borrowers and lenders. We will analyze all stages of finance transactions, and discuss the often divergent strategies and goals of lenders and borrowers. The fundamentals of negotiating critical provisions of a leveraged finance transaction will be stressed, with emphasis on private equity investors and their finance sources. The professor will relate many of his experiences in global finance transactions and share provisions from actual loan documentation to demonstrate how those fundamentals are applied in actual transactions. Although the course will be of particular interest to those pursuing a corporate or commercial law career, the concepts are applicable to any transactional practice.
5297 Advanced Finance Transaction Drafting - GINSBURG (offered in Fall 2016)
The purpose of this course is to prepare students for their first year of general corporate practice, whether in an in-house, law firm, or solo practice setting, by completing a simulated financing transaction. The course will focus on how secured transactions law, bankruptcy law and corporate law influence the structuring and documenting of a typical secured bank loan. Students will work through a hypothetical transaction that be the focal point of the entire semester. The class will begin by discussing alternative capital structures and how bank loans are used to finance acquisitions, growth and working capital needs. We will then analyze and draft credit and security documents, and learn how specific contract provisions are important to both borrowers and lenders. We will analyze all stages of finance transactions, and discuss the often divergent strategies and goals of lenders and borrowers. The fundamentals of negotiating critical provisions of a leveraged finance transaction will be stressed, with emphasis on private equity investors and their finance sources. The professor will relate many of his experiences in global finance transactions and share provisions from actual loan documentation to demonstrate how those fundamentals are applied in actual transactions. Although the course will be of particular interest to those pursuing a corporate or commercial law career, the concepts are applicable to any transactional practice.
5297 Advanced Spanish for Lawyers - ROMERO (offered in Fall 2016)
An advanced-language course for students already fluent in Spanish. Students will strengthen their communicative language skills such as speaking, writing, interpreting, and vocabulary building within the context of several areas of legal practice.
5297 Advertising and Marketing Law - VAN SLYKE (offered in Spring 2016)
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.
5297 Brownfields: Environmental Law and Strategy - SHERMAN (offered in Fall 2016)
From contaminated property transactions and urban redevelopment opportunities to green buildings and sustainable corporate campuses, environmental considerations play a key role in today’s real estate marketplace. This course will address the legal, regulatory, and redevelopment challenges posed by environmental issues in real estate projects.
These topics, for the purposes of course presentation, will be analyzed in four sections: “Superfund Liability and Brownfield Protections”, "Environmental Due Diligence", "Negotiating with Federal and State Regulators" and “Transaction and Redevelopment Strategies”. Each course segment will introduce students to a substantive evaluation of the core environmental issues presented and offer insights into the legal concepts, regulatory programs, deal documents, and redevelopment techniques utilized by real estate professionals to manage these challenges.
During the course of the semester, students will be given two short, practical writing assignments related to the subject matter (e.g., preparing a submission to a regulatory agency/legislative committee and drafting an advocacy piece relating to project approval). The final assignment will be the preparation of a client memorandum analyzing the environmental issues in a real estate project and making a recommendation on whether - and if so, how - to proceed with the project notwithstanding the environmental challenges presented. The final project should be approximately 15 – 20 pages. The instructor will work closely with each student on their work. Grades are based on written work during the semester. There is no final examination.
Completion of the course will position students to identify the environmental issues presented in any given real estate scenario, to evaluate their potential impact on projects, and to manage the challenges presented. Additionally, students should gain an understanding of the impacts of property conditions on human health and natural resources, the response of government regulators and investors to these threats, and the options available to real estate professionals for assessing and managing the environmental conditions affecting their projects.
7397 Case Studies in Energy & Sustainability - HOFMEISTER (offered in Spring 2016)
This course will explore current issues shaping both energy and
sustainability in the United States. The professor, John Hofmeister, is a
former president of Shell Oil and founder of Citizens for Affordable Energy.
A nationally known expert on energy, he serves on the UH Energy Advisory
Board. He has been an “executive-in-Residence for Sustainability” at the
School of Sustainability at Arizona State University, where he has taught a
version of this course for several years.
The course will include a close analysis of U.S. energy and
environmental policies. The primary requirement will be a group project
analyzing ways to improve these policies. The course counts as the capstone
requirement for the Energy & Sustainability minor, but it also will be an
5297 Children and the Law Lab - MARRUS/HUNT (offered in Spring 2016)
In this course students will have the opportunity to represent children in abuse and neglect proceedings in a Harris County court.
5297 Comparative Health Law - LOPEZ De La Osa Escribano (offered in Fall 2016)
COMPARATIVE HEALTH LAW course focuses on the analysis of health foreign legal systems and topics, comparing them to the structure and notions existing in the US.
The objective is to study through practical cases and legal notions and structures, a number of chosen aspects related to Health Law from an international and comparative point of view. Doing so, the target is:
- To analyze the different health legal systems existing in the world and to define the interactions national healthcare legal systems can have worldwide.
- To foster interest in comparative law methods in Health to bring solutions to globalize matters and inspire further legislation.
The content of this course is organized around the following main 6 areas:
1. The difference between legal systems (Common Law and Continental Law) related to Health Law;
2. The notion of Patients’ Rights;
3. Elder Law and Health;
4. Healthcare, Healthcare systems and Health professions regulations;
5. Human biotechnology, research and bioethics;
6. Medical malpractice issues.
In each session two, three or four foreign legal systems and its aspects related to health will be compared (during the whole course, the US will be compared to Spain, France, the United Kingdom, Italy, Brazil, or New Zealand among others countries). By means of transversal projection, when suitable, the main issues related to health and belonging to legal competences shared between Member States and the European Union, from a European Union Law perspective, will be highlighted.
Lectures will be structured in (13) thirteen in-class sessions of 108 minutes each.
5297 Comparative Health Law - LOPEZ De La Osa Escribano (offered in Spring 2017)
COMPARATIVE HEALTH LAW course focuses on the analysis of health foreign legal systems and topics, comparing them to the structure and notions existing in the US.
The objective is to study through practical cases and legal notions and structures, a number of chosen aspects related to Health Law from an international and comparative point of view.
Doing so, the target is:
- To analyze the different health legal systems existing in the world and to define the interactions national healthcare legal systems can have worldwide.
- To foster interest in comparative law methods in Health to bring solutions to globalize matters and inspire further legislation.
Lectures will be structured in (14) fourteen in-class sessions of 100 minutes each.
5297 Comparative Health Law - LOPEZ De La Osa Escribano (offered in Fall 2018)
COMPARATIVE HEALTH LAW course focuses on the analysis of health foreign legal systems and topics, comparing them to the structure and notions existing in the US.
The objective is to study through practical cases and legal notions and structures, a number of chosen aspects related to Health Law from an international and comparative point of view.
Doing so, the target is:
- To analyze the different health legal systems existing in the world and to define the interactions national healthcare legal systems can have worldwide.
- To foster interest in comparative law methods in Health to bring solutions to globalize matters and inspire further legislation.
Lectures will be structured in (13) thirteen in-class sessions of 108 minutes each.
5297 Consumer Dispute Resolution - MCELVANEY (offered in Summer I 2016)
5297 Consumer Dispute Resolution - MCELVANEY (offered in Summer II 2016)
5297 Consumer Dispute Resolution - MCELVANEY (offered in Summer IV 2016)
6A97 Corporate Social Responsibility for Sustainability - ANGELIDES (offered in Spring 2017)
Selected Topics in Global Energy Development and Sustainability: Corporate Social Responsibility for Sustainability– 1.5 credits.
The energy industry is diverse, complex and dynamic. It also has a significant impact on communities and many segments of the world economy and politics. The main purpose of the course is to provide students with a basic understanding of the various aspects of Corporate Social Responsibility (CSR) in the energy industry, primarily studying these concepts in upstream and midstream oil & gas sectors. By successfully completing this course, students should understand and be able to articulate the key elements, opportunities, risks, and challenges of CSR with regard to competing interests (government, corporate, society).
Real world examples are used to illustrate factors that impact the profitability but do not lend themselves to be readily modeled. The question of whether a proactive approach to Corporate Social Responsibility (CSR) can be used to enhance profitability will be studied. Experts in their respective fields will join the class as guest speakers and share their experiences in managing some of the tougher challenges in the industry.
6397 Corporate Social Responsibility for Sustainability - ANGELIDES (offered in Fall 2017)
The energy industry is diverse, complex and dynamic. It also has a significant impact on communities and many segments of the world economy and politics. The main purpose of the course is to provide students with a basic understanding of the various aspects of Corporate Social Responsibility (CSR) in the energy industry, primarily studying these concepts in upstream and midstream oil & gas sectors. By successfully completing this course, students should understand and be able to articulate the key elements, opportunities, risks, and challenges of CSR with regard to competing interests (government, corporate, society).
Real world examples are used to illustrate factors that impact the profitability but do not lend themselves to be readily modeled. The question of whether a proactive approach to Corporate Social Responsibility (CSR) can be used to enhance profitability will be studied. Experts in their respective fields will join the class as guest speakers and share their experiences in managing some of the tougher challenges in the industry.
.
5297 Creditor's Rights - CERSONSKY (offered in Fall 2017)
Outline
5297 Creditor's Rights - CERSONSKY (offered in Spring 2016)
Outline
5397 Criminal Defense Clinic - TAYLOR (offered in Spring 2016)
Students in the Criminal Defense Clinic will be assigned misdemeanor cases and be responsible for handling all legal aspects of the case from arraignment to fact investigation to trial. The Clinic selects misdemeanor cases with a high probability of going to trial, which increases the likelihood of each student serving as lead attorney. Students will learn the law in a real-life context and develop profession and problem-solving skills. Students will be exposed to a wide range of cases such as assaults, thefts, driving while intoxicated and drug possession. Students will have the opportunity to investigate crime scenes and interview witnesses. The clinic will consist of a classroom component and courtroom component. The classroom component will focus on case preparation, advocacy skills and ethical considerations. The courtroom component will allow students to negotiate plea agreements and sit first chair as lead counsel in a jury trial. The clinic format is also designed to allow students to explore the intersection of criminal laws and social issues while receiving one-on-one supervision from former judge and prosecutor Yvonne Taylor.
5397 Criminal Defense Clinic - TAYLOR (offered in Spring 2017)
Students in the Criminal Defense Clinic will be assigned misdemeanor cases and be responsible for handling all legal aspects of the case from arraignment to fact investigation to trial. The Clinic selects misdemeanor cases with a high probability of going to trial, which increases the likelihood of each student serving as lead attorney. Students will learn the law in a real-life context and develop profession and problem-solving skills. Students will be exposed to a wide range of cases such as assaults, thefts, driving while intoxicated and drug possession. Students will have the opportunity to investigate crime scenes and interview witnesses.
The clinic will consist of a classroom component and courtroom component. The classroom component will focus on case preparation, advocacy skills and ethical considerations. The courtroom component will allow students to negotiate plea agreements and sit first chair as lead counsel in a jury trial. The clinic format is also designed to allow students to explore the intersection of criminal laws and social issues while receiving one-on-one supervision from former judge and prosecutor Yvonne Taylor.
Students must work in the Clinic 50 hours per course credit hour.
5397 Criminal Defense Clinic - TAYLOR (offered in Fall 2016)
Students in the Criminal Defense Clinic will be assigned misdemeanor cases and be responsible for handling all legal aspects of the case from arraignment to fact investigation to trial. The Clinic selects misdemeanor cases with a high probability of going to trial, which increases the likelihood of each student serving as lead attorney. Students will learn the law in a real-life context and develop profession and problem-solving skills. Students will be exposed to a wide range of cases such as assaults, thefts, driving while intoxicated and drug possession. Students will have the opportunity to investigate crime scenes and interview witnesses. The clinic will consist of a classroom component and courtroom component. The classroom component will focus on case preparation, advocacy skills and ethical considerations. The courtroom component will allow students to negotiate plea agreements and sit first chair as lead counsel in a jury trial. The clinic format is also designed to allow students to explore the intersection of criminal laws and social issues while receiving one-on-one supervision from former judge and prosecutor Yvonne Taylor.
5397 Criminal Defense Clinic II - TAYLOR (offered in Spring 2017)
Students in the Criminal Defense Clinic II will be assigned advanced misdemeanor cases and be responsible for handling all legal aspects of the case from arraignment to fact investigation to trial. The Clinic selects misdemeanor cases with a high probability of going to trial, which increases the likelihood of each student serving as lead attorney. Students will learn the law in a real-life context and develop profession and problem-solving skills. Students will be exposed to a wide range of cases such as assaults, thefts, driving while intoxicated and drug possession. Students will have the opportunity to investigate crime scenes and interview witnesses.
The clinic will consist of a classroom component and courtroom component. The classroom component will focus on case preparation, advocacy skills and ethical considerations. The courtroom component will allow students to negotiate plea agreements and sit first chair as lead counsel in a jury trial. The clinic format is also designed to allow students to explore the intersection of criminal laws and social issues while receiving one-on-one supervision from former judge and prosecutor Yvonne Taylor.
Students must work in the Clinic 50 hours per course credit hour.
5397 Criminal Litigation and Legal Issues in Criminal Procedure - MURPHY (offered in Fall 2018)
Criminal Litigation Practice is designed to incorporate the substantive law of criminal procedure into a trial advocacy course. The course will cover virtually all of the stages of a criminal case—from the probable cause hearing through the sentencing hearing and hearing on a motion for a new trial. Most of the issues addressed in this course implicate federal constitutional law principles applicable to all criminal prosecutions, whether they occur in state or federal court.
5397 Crimmigration - HOFFMAN G (offered in Summer IV 2016)
This course will introduce students to the many issues at the intersection of immigration law and criminal law. Crimmigration is a complex and dynamic area of law. The course will provide students with the knowledge required to recognize and analyze the potential immigration consequences of a variety of criminal pleas and convictions.
5297 Data Protection in Corporate Practice - BENDER (offered in Fall 2018)
This introductory course will cover the basic principles of data protection and privacy law as applied to the conduct of corporations. It will examine the policies underlying this still-nascent form of protection, and will focus on corporate compliance in most or all of the following areas: cybersecurity, trade secrets, data protection in education, state privacy laws, employment privacy, health privacy, the fair credit reporting act, financial data protection, online behavioral privacy, and international data protection law. There are no prerequisites for this course.
5397 Digital Transactions - LIPTON (offered in Fall 2016)
The objectives of this course are to teach the substantive law of digital transactions and electronic commerce (with related intellectual property concepts) in a comprehensive manner, to consider 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.
5397 Diplomacy for Oil and Gas - CARDENAS (offered in Spring 2016)
This course features the crossroads between geopolitics and law. We will study the legal instruments that have been built to govern inter-state and state-corporate relations in the oil and gas industry, providing to the students political and economy background for investment strategies of the oil industry.
Readings for this course will be focused on international treaties and public international law applicable to the oil and gas industry. We will also study selected chapters on energy geopolitics such as:
1)The Energy World is Flat by Daniel Lacalle and Diego Parrilla
2)The Quest: Energy, Security, and the Remaking of the Modern World by Daniel Yergin
3)The End of Power by Moises Naim
5397 Diplomacy for Oil and Gas - CARDENAS (offered in Spring 2017)
This course features the crossroads between geopolitics and the law of the oil and gas industry. From Houston, a world capital of energy diplomacy, we will study the legal instruments that have been built to govern inter-state and state-corporate relations in the oil industry, providing to the students political and economy background for investment strategies of the oil industry.
Readings for this course will be focused on international treaties and public international law applicable to the oil and gas industry. We will also study selected chapters on energy geopolitics such as:
1)The Energy World is Flat by Daniel Lacalle and Diego Parrilla
2)The Quest: Energy, Security, and the Remaking of the Modern World by Daniel Yergin
3)The End of Power by Moises Naim
4)Crude Volatility: The History and the Future of Boom-Bust Oil Prices by Robert McNally"
5397 Elections and the Law of Democracy - RAVE (offered in Fall 2016)
This course covers the law that structures democratic politics and the processes of democracy, with a primary focus on constitutional law and election law. Subjects covered include the individual right to vote and participate; redistricting; campaign finance regulation and reform; resolution of disputed elections; the role of groups and associations such as political parties in democratic politics; the tension between majorities and minorities in the design of representative institutions; and the role of courts in overseeing democratic processes. The course will focus primarily on American law and doctrine. The course will include a good deal of material about contemporary legal issues in this area, including issues from the 2012 presidential election and the Supreme Court's recent decision about the constitutionality of the Voting Rights Act, and similar current issues.
5297 Eminent Domain and Private Property Rights - HODGE/MAYFIELD (offered in Fall 2016)
Texas is home to eight of the nation’s 15 fastest-growing cities and boasts five of the top
10 cities in the total number of new residents. This growth is not a new phenomenon.
Texas has added more residents than any other state since 2000. But what happens when
the infrastructure growth associated with the Texas population boom impacts private
property owners?
An inherent tension exists between public projects needed to accommodate Texas’s
expansive growth and fundamental property rights protected by the U.S. and Texas
Constitutions. Eminent domain—the power of a governmental entity (or those with its
delegated authority) to take private property and convert it into public use for just
compensation—is designed to balance public and private property interests. Class
discussions and reading assignments will explore whether the current eminent domain
framework protects property owners and the public. The subject is generally divided into
two interrelated parts: (1) the origins of eminent domain, public use, and public necessity;
and (2) “just” compensation (including evidentiary and procedural issues that impact
value).
5297 Eminent Domain and Private Property Rights - HODGE/MAYFIELD (offered in Fall 2017)
Texas is home to eight of the nation’s 15 fastest-growing cities and boasts five of the top
10 cities in the total number of new residents. This growth is not a new phenomenon.
Texas has added more residents than any other state since 2000. But what happens when
the infrastructure growth associated with the Texas population boom impacts private
property owners?
An inherent tension exists between public projects needed to accommodate Texas’s
expansive growth and fundamental property rights protected by the U.S. and Texas
Constitutions. Eminent domain—the power of a governmental entity (or those with its
delegated authority) to take private property and convert it into public use for just
compensation—is designed to balance public and private property interests. Class
discussions and reading assignments will explore whether the current eminent domain
framework protects property owners and the public. The subject is generally divided into
two interrelated parts: (1) the origins of eminent domain, public use, and public necessity;
and (2) “just” compensation (including evidentiary and procedural issues that impact
value).
5397 Energy Law & Policy - WARREN (offered in Spring 2017)
This course provides an introduction to U.S. energy law and policy. It looks at how energy sources (water, wind, sun, coal, oil, gas, nuclear) are extracted, transported, and converted into energy as well as the physical, market, and legal structures governing each energy source. It introduces the key jurisdictional actors that play differing roles in energy controversies and provides students with an understanding of pervasive multi-jurisdictional approach to energy regulation. Finally, it explores current hot topics in energy law and policy and opens a dialog to analyze how those topics are interrelated to other topics such as business and economics, climate and environment, human rights, and energy security.
This is a project course, no final examination.
5397 Entertainment Law - ALONSO/BARKS (offered in Spring 2018)
The course will focus on the constitutional, statutory, and common law framework of entertainment law and its practical implications for practitioners. With the Constitution as our base camp, we will explore the fusion of laws that govern the world of entertainment, including copyrights, trademarks, contracts, and tort law. We will then analyze their impact on the business and legal affairs of recording artists, record companies, publishers, radio and TV broadcasting, and the motion picture industry. The goal will be not only to provide you with a comprehensive insight into this unique field but also prepare you to advise clients with entertainment law related issues, whether they will be in transactions or litigation.
Your Grade: Your course grade will be determined by a closed-book final exam with short answer questions, longer answer questions, true/false questions which ask you to explain your answer, and multiple choice questions. The exam will count for 90% of your grade. The other 10% of your grade will be based on class participation, so come prepared to take part in class with the skill and eloquence of Vincent Gambini. While I will enforce attendance to the extent required by the school, your failure to attend and participate will be your loss. Since the course will not require a paper or homework assignments, the reading assignments will be non-wimpy. The class Web Board, which includes past exams and student answers, will give you an idea of what the course will cover.
5197 Environment, Energy & Natural Resources Research - BADEAUX (offered in Fall 2018)
This is a practical class, focused on finding the law and legal authorities relevant to taking and defending actions concerning the environment, energy, and natural resources. There are weekly assignments, a midterm research project and a final research project.
6A97 Environmental Impacts and Policies - KLIEMAN/THERIOT (offered in Spring 2017)
2. GEDS 6A97: Selected Topics in Global Energy Development and Sustainability:Environmental Impacts and Policies– 1.5 credits.
This course is designed to inform students of the complex environmental issues, past and present, and environmental impacts associated with historical and current oil and gas development in the US and abroad. Through case studies, students will learn how companies, local communities, and government entities have dealt with various environmental challenges.
Each session will focus on one or more key knowledge sets that will help to equip students with analytical tools for future work within the energy sector in different regions. These knowledge sets are geared toward informing the decision making process for mitigating potential environmental, regulatory, and legal problems, and for planning sustainable project development such as: Environmental Impacts;
Environmental Regulations: Industry led versus government led; Responses to environmental crises and;
Provide a road map based on lessons learned.
5397 Environmental Law in Oil & Gas - HESTER (offered in Fall 2017)
Even with petroleum and natural gas' enormous importance to our modern economy and lifestyle, hydrocarbon development and use remain tightly intertwined with environmental law and liabilities. For every inspiring engineering marvel in oil field development, hydraulic fracturing, and deep sea drilling, a counterbalancing memory arises of the oil-slicked shores of the Gulf Coast, the catastrophe of the Exxon Valdez, and growing fears over climate change caused by fossil fuel development and use. Simply put, a lawyer advising oil and gas interests (or opposing them) simply cannot provide reliable legal advice without an understanding of the environmental limits and liabilities accompanying hydrocarbon development.
This course will explore environmental issues in the oil and gas industry from various perspectives, including the following:
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.
This class is not an advanced course, and you do not need to have taken Environmental Law or Oil & Gas Law (although some educational or practical background can be useful). We will not review environmental laws in detail, but will instead seek to understand the environmental issues and practices that affect (or are caused by) the oil and gas industry. Our focus is on practice, real-world application of these legal principles and strategies that you can use to represent stakeholders. We will also examine techniques used to create, comply and enforce environmental laws and regulatory requirements.
One of this class' main goals is to improve your ability to be a valued and effective team member of your current or future environmental clients. Some of those clients may be your friends and family that have environmental issues with one or more of the millions of oil and gas wells drilling in the United States. We will focus on U.S. environmental laws as a result, but we may digress in class discussions to the development of environmental law in other oil and gas producing countries.
5397 Environmental Law Practicum - HESTER (offered in Spring 2016)
This course will overview key areas of practice within environmental law such as regulatory counseling and permitting, civil enforcement, criminal liability, private litigation over environmental contamination, policy advocacy, and environmental aspects of commercial transactions. Each lecture topic will be paired with a separate presentation by a guest speaker who practices in that area, and who will provide examples of live projects and cases for class participation and review. These speakers may include the Harris County Attorney (civil enforcement), the Galveston Bay Foundation (permitting), the Harris County District Attorney (criminal), the Audubon Society (policy advocacy) and others.
5397 ERISA - FELTON (offered in Fall 2017)
Employee benefits law is ever-changing and of late has been a priority for law makers, including our presidential administrations. This 3-hour course provides a basic overview of the specialized employee benefit plans (such as 401(k) plans and welfare benefit plans) governed by the Employee Retirement Income Security Act (“ERISA”), the federal law governing these benefit plans in general. Students will gain a historical perspective of ERISA’s origins to learn how the need for federal action came about. Students will also learn the qualification requirements of the tax code applicable to employee retirement plans, from both the employer and employee perspective. 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, banks, in-house counsel, and more!
5297 European Union (EU) Energy Law - BURKE- ROEBEN: Guest Lecturer (offered in Spring 2016)
European Energy Law
Course Outline:
Energy in the 21st century is a global market. This class focuses on the fast growing energy law of the European Union, which is pursuing the strategic project of establishing a “European Energy Union” for the 28 member states of the EU and further applicant states. The purpose is to identify the main objectives and dimensions of action of the EEUS. The discussion will enable students to draw parallels with US energy law and to analyze the increasingly important international context in which both operate.
The general scope of the class is as follows:
1) Introduction
I- Basic notions and mechanisms of European Union policy and law-making.
II- The process of formulating a European Energy Union strategy and its implementation.
III- Governance of the European Energy Union
2) Energy Security
I- Diversifying the sources of energy
II- Energy in the Transatlantic Trade and Investment Partnership between the US and the EU
III – Energy solidarity
3) The Internal Energy Market –
I – Hardware of the Internal Energy Market. Investing in, planning and establishing large scale infrastructure
II- Software of the Internal Energy Market. Establishing continent-wide common rules
III - Accessing the European Energy Market
4) Decarbonizing the economy
I. The international regulation of climate change. The Road to Paris 2015
II. Making carbon emissions trading work in the EU
III. Implications for energy mix
5) The Future. Energy and the zero marginal cost economy
5397 Family Immigration Law - BECK (offered in Spring 2016)
Utilizing federal statutes, regulations, case law, the Visa Bulletin, the U.S. Dept. of State Foreign Affairs Manual as well as federal agency memoranda, students will work individually and in groups to find legal solutions to hypothetical situations that involve the immigration of families to the U.S. Students will develop practical skills that will enable them to successfully represent clients who are seeking immigration benefits through a family member in the U.S. or abroad. The class will be a combination of lecture, in-class exercises and take-home assignments.
5397 Family Immigration Law - BECK (offered in Spring 2017)
Utilizing federal statutes, regulations, case law, the Visa Bulletin, the U.S. Dept. of State Foreign Affairs Manual as well as federal agency memoranda, students will work individually and in groups to find legal solutions to hypothetical situations that involve the immigration of families to the U.S.
Students will develop practical skills that will enable them to successfully represent clients who are seeking immigration benefits through a family member in the U.S. or abroad. The class will be a combination of lecture and in-class exercises.
5397 Family Law Advocacy - FARR (offered in Spring 2017)
Overview of Family Law case from initial interview through trial and closing documents. Overview of Texas Family Code how to generally navigate it and common problem statutes to know for practice. For more information please see the syllabus.
5297 Family Law Advocacy - FARR (offered in Spring 2016)
Overview of Family Law case from initial interview through trial and closing documents. Overview of Texas Family Code how to generally navigate it and common problem statutes to know for practice. For more information please see the syllabus.
5297 Family Law Advocacy - FARR (offered in Spring 2018)
Overview of Family Law case from initial interview through trial and closing documents. Overview of Texas Family Code how to generally navigate it and common problem statutes to know for practice. For more information please see the syllabus.
5297 Financial Statement Analysis and Business Practices for Lawyers - BRENNAN (offered in Spring 2018)
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.
5397 Financial Statement Analysis and Business Practices for Lawyers - BRENNAN (offered in Spring 2016)
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 Financial Statement Analysis and Business Practices for Lawyers - BRENNAN (offered in Spring 2017)
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.
There will be four class meetings over spring break:
Class Days: Monday, March 13, 2017 to Thursday March 16, 2017.
Each class will run from 9:00 am – 4:00 pm.
1 Hour lunch and 10 minute breaks daily.
Lunch will be provided.
5397 Financial Statement Analysis and Business Practices for Lawyers - BRENNAN (offered in Summer II 2016)
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 Food, Agriculture, and the Environment - MORATH (offered in SummerMini 2018)
This course offers an overview of the historical, legal, and policy framework for food and agriculture in the United States. Agricultural and food laws and regulations play a vital role in determining health outcomes for our nation and the level of environmental impact to shared natural resources such as air, water, soil, and biodiversity. The course discusses federal environmental statutes in the context of food and agricultural production and provides an introduction to the U.S. Farm Bill, pesticides, farmed animal welfare, genetically modified foods, food access, food safety, and labeling schemes.
5397 Foreign Affairs - BERMAN (offered in Fall 2016)
This course examines the constitutional and statutory doctrines regulating the conduct of America’s foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the scope of the government’s war power, the status of international law in U.S. courts, the nature of the treaty power, the validity of executive agreements, the pre-emption of state foreign-relations activities, and the political question and other doctrines regulating judicial review in foreign relations cases.
5397 Global Service and Procurement Agreements in Oil & Gas Sector - CARDENAS/MITRO (offered in Fall 2018)
The activities in the upstream sector are funded by international oil companies but the work is carried out primarily by oil field contractors. Selecting the right contractors and designing and managing appropriate contractual relationships is one of the most important functions in an oil company. From both the operator and the contractor perspective the contracts must be realistic and clearly spell out roles and expected rewards and performance. Yet expectations are changing dramatically as petroleum activities must take into account the requirements of host governments, local communities and international standards in addition to company shareholder demands. Once the host government contract and the joint operating agreement are signed, how contractors would manage the compliance with obligations through service and procurement contracts? This course will provide an overview of the oil company/contractor relationships, typical contracts terms, financial implications, project finance, best practices, as well as the new trends development by integrated service contracts, to help drive sustainable results that benefit all stakeholders.
5297 Government and Nonprofit Externship I - BONADERO (offered in Spring 2016)
Well in advance of the semester during which they want to work, students should secure their own field placements at either a nonprofit organization or a government agency. A list of preapproved placements is located on the Externship Program’s webpage at www.law.uh.edu/externship/. If the placement where a student wishes to work for credit is not on the approved list, s/he must seek approval from the Externship Director before accepting a position at that placement. (Students working at law firms, even on a volunteer basis, cannot receive credit under ABA accreditation regulations.)
Once a student secures a position, s/he must apply to the Externship Program at www.law.uh.edu/externship/. Students should not attempt to enroll themselves in these courses via PeopleSoft: if you’re approved, the Externship Director will enroll you via the Office of Student Services.
Any JD student doing his/her first-ever externship for credit is required to attend an on-campus orientation. The date/time of the orientation is TBD. Students are responsible for reading their law school email and The LEX consistently to keep up with this information as it becomes available.
Students will be required to work at their placements for 60 hours to earn each hour of academic credit.
5297 Government and Nonprofit Externship I - BONADERO (offered in Summer IV 2016)
Well in advance of the semester during which they want to work, students should secure their own field placements at either a nonprofit organization or a government agency. A list of preapproved placements is located on the Externship Program’s webpage at www.law.uh.edu/externship/. If the placement where a student wishes to work for credit is not on the approved list, s/he must seek approval from the Externship Director before accepting a position at that placement. (Students working at law firms, even on a volunteer basis, cannot receive credit under ABA accreditation regulations.)
Once a student secures a position, s/he must apply to the Externship Program at www.law.uh.edu/externship/. Students should not attempt to enroll themselves in these courses via PeopleSoft: if you’re approved, the Externship Director will enroll you via the Office of Student Services.
Any JD student doing his/her first-ever externship for credit is required to attend an on-campus orientation. The date/time of the orientation is TBD. Students are responsible for reading their law school email and The LEX consistently to keep up with this information as it becomes available.
Students will be required to work at their placements for 60 hours to earn each hour of academic credit.
5297 Government and Nonprofit Externship I - BONADERO (offered in Summer II 2016)
Well in advance of the semester during which they want to work, students should secure their own field placements at either a nonprofit organization or a government agency. A list of preapproved placements is located on the Externship Program’s webpage at www.law.uh.edu/externship/. If the placement where a student wishes to work for credit is not on the approved list, s/he must seek approval from the Externship Director before accepting a position at that placement. (Students working at law firms, even on a volunteer basis, cannot receive credit under ABA accreditation regulations.)
Once a student secures a position, s/he must apply to the Externship Program at www.law.uh.edu/externship/. Students should not attempt to enroll themselves in these courses via PeopleSoft: if you’re approved, the Externship Director will enroll you via the Office of Student Services.
Any JD student doing his/her first-ever externship for credit is required to attend an on-campus orientation. The date/time of the orientation is TBD. Students are responsible for reading their law school email and The LEX consistently to keep up with this information as it becomes available.
Students will be required to work at their placements for 60 hours to earn each hour of academic credit.
5297 Government and Nonprofit Externship II - BONADERO (offered in Summer IV 2016)
Well in advance of the semester in which they want to work, students should secure their field placements at either a nonprofit organization or government agency. A list of preapproved placements is located on the Externship Program’s webpage at www.law.uh.edu/externship. If the placement which a student wishes to work for credit is NOT on the list, s/he must seek approval from the Externship Director before accepting an position at that placement. (Students working at law firms, even on a volunteer basis, cannot receive credit under ABA accreditations regulations.)
Once a student secures a position, s/he must apply to the Externship Program at www.law.uh.edu/externship/. Students should not attempt to enroll themselves in these courses via PeopleSoft: if you’re approved, the Externship Director will enroll you via the Office of Student Services.
Students taking an Externship II course have necessarily already completed Externship I; consequently, s/he does not need to attend an orientation prior to starting work. However, Externship II students must still comply with all other externship requirements (time logs, journal entries and/or reflective writing assignments, completion of evaluations, and possibly a face-to-face meeting with the ED.)
Students will be required to work at their placements for 60 hours to earn each hour of academic credit.
5297 Government and Nonprofit Externship II - BONADERO (offered in Summer II 2016)
Well in advance of the semester in which they want to work, students should secure their field placements at either a nonprofit organization or government agency. A list of preapproved placements is located on the Externship Program’s webpage at www.law.uh.edu/externship. If the placement which a student wishes to work for credit is NOT on the list, s/he must seek approval from the Externship Director before accepting an position at that placement. (Students working at law firms, even on a volunteer basis, cannot receive credit under ABA accreditations regulations.)
Once a student secures a position, s/he must apply to the Externship Program at www.law.uh.edu/externship/. Students should not attempt to enroll themselves in these courses via PeopleSoft: if you’re approved, the Externship Director will enroll you via the Office of Student Services.
Students taking an Externship II course have necessarily already completed Externship I; consequently, s/he does not need to attend an orientation prior to starting work. However, Externship II students must still comply with all other externship requirements (time logs, journal entries and/or reflective writing assignments, completion of evaluations, and possibly a face-to-face meeting with the ED.)
Students will be required to work at their placements for 60 hours to earn each hour of academic credit.
5297 Government and Nonprofit Externship II - BONADERO (offered in Spring 2016)
Well in advance of the semester in which they want to work, students should secure their field placements at either a nonprofit organization or government agency. A list of preapproved placements is located on the Externship Program’s webpage at www.law.uh.edu/externship. If the placement which a student wishes to work for credit is NOT on the list, s/he must seek approval from the Externship Director before accepting an position at that placement. (Students working at law firms, even on a volunteer basis, cannot receive credit under ABA accreditations regulations.)
Once a student secures a position, s/he must apply to the Externship Program at www.law.uh.edu/externship/. Students should not attempt to enroll themselves in these courses via PeopleSoft: if you’re approved, the Externship Director will enroll you via the Office of Student Services.
Students taking an Externship II course have necessarily already completed Externship I; consequently, s/he does not need to attend an orientation prior to starting work. However, Externship II students must still comply with all other externship requirements (time logs, journal entries and/or reflective writing assignments, completion of evaluations, and possibly a face-to-face meeting with the ED.)
Students will be required to work at their placements for 60 hours to earn each hour of academic credit.
5397 Guardian Ad Litem I - DOW,KATYA/FISHER (offered in Spring 2018)
Dual-status youth (also often referred to as Crossover Youth) are juveniles who are involved in both the Juvenile Justice system as well as the child welfare system. Absent appropriate and targeted interventions, these youth are at increased risk for mental health concerns, educational problems, occupational difficulties, and public health and safety issues. In the existing system, these children and young adults often fall through the cracks. The principal Overview of Guardian Ad Litem Representation for Dual-Status Youth: objective of the JCAP guardians ad litem (GAL) class is to train law students so they are able to advocate for the special needs of these juveniles who are in contact with two different legal systems.
5197 Health Law Research - LAWSON (offered in Spring 2016)
This is a specialized course on health law research. It will focus on federal and state primary legal materials related to health law, including relevant statutes, regulations, agency guidance and decisions, and case law. Secondary sources such as treatises and practice guides specific to health law will also be discussed.
5197 Health Law Research - LAWSON (offered in Spring 2017)
This is a specialized course on health law research. It will focus on federal and state primary legal materials related to health law, including relevant statutes, regulations, agency guidance and decisions, and case law. Secondary sources such as treatises and practice guides specific to health law will also be discussed.
5297 Health Legislation & Advocacy - SMITH,E (offered in Fall 2018)
This course will focus on the health policy development process, including researching and drafting a policy proposal on behalf of a non-profit community partner. Students will learn the skills to determine the best method to advance the policy proposal, whether through legislation or rulemaking.
5297 Health Legislation & Advocacy I - GRAY/WINNIKE (offered in Fall 2016)
This course is the first part of a two-semester course offered in alternate academic years. Students desiring to enroll are required to take both semesters. The fall semester will focus on the health policy development process, including researching and drafting a policy proposal on behalf of a non-profit community partner. Students will learn the skills to determine the best method to advance the policy proposal, whether through legislation or rulemaking. Grading will be based on several practical writing assignments (including a legal memorandum outlining the policy issue and possible solutions, a draft of proposed legislation, community support proposal, a letter to community partner, and a letter to a legislator).
5297 Health Legislation & Advocacy II - GRAY/WINNIKE (offered in Spring 2017)
This course is the second part of a two-semester course. The spring semester will focus on monitoring and participating in health legislation before the Texas 85th Legislature Regular Session. Students will monitor and provide support for the policy proposal developed in the fall semester course, track and report on other health legislation, and follow the actions of health-related committees. Grading will be based on several practical writing assignments (including drafting committee testimony, amendment language, community education article, legislative sponsor’s talking points, committee business tracking, and a health legislative summary). This course satisfies the Skills Course Requirement. Prerequisite: Health Legislation & Advocacy I.
5297 Healthcare Compliance - KINZEL (offered in Fall 2017)
This course will examine health care compliance programs and the laws, regulations, and federal guidance attendant thereto, including OIG rules and federal agency enforcement actions. This course will explore ethical considerations of building effective compliance programs, including state law implications. This course will explore how to handle both internal and external investigations, including whistle-blower actions. This course will focus on the practical implications of laws that apply to health care organizations, and how organizations help ensure adherence to relevant rules through effective compliance programs.
5297 HIPAA - EWER (offered in Fall 2017)
Health Information Privacy Rule: Fall 2016; University of Houston Law Center.
Professor: Michael S. Ewer, MD, JD, LLM
Course number: 5297
Time and place: Tuesdays, 4:00-6:00 PM(room not assigned yet)
Professor contact: mewer@mdanderson.org
This course is designed to help you understand the HIPAA Privacy Rule, and will look at the requirements of covered entities, business associates, and subcontractors. The course will start with an overview of HIPAA, and achieve an understanding of who is and who is not a covered entity, what constitutes protected health information, and how protected health information can and cannot be used or disclosed within the HIPAA rule. The course will look beyond individual rights to public policy exceptions within the rule, and will look at when protected health information may be used or disclosed without specific permission, when oral permission is sufficient, and when written disclosure is required. Limitations to disclosure for marketing and fundraising purposes will be discussed, as will specific requirements for psychotherapy notes. Notification requirements with regard to breaches and complaints as well as other administrative requirements will also be discussed. The course will consist of 15 sections; some but not all may be covered in a single session.
1) Introduction, overview, and covered entities
2) Protected health information
3) Uses and disclosures for treatment, payment, or operations
4) Uses and disclosures allowed under public policy
5) Disclosures for which oral permission is allowed
6) Uses and disclosures for which written authorization is required
7) Special considerations for disclosures of heightened protections
8) Uses and disclosures related to fundraising
9) Special considerations for research disclosures not requiring authorization
10) Business Associates and Business associate agreements
11) Miscellaneous issues
12) Individual rights
13) Compliance and enforcement
14) Organizational issues
15) Preemption
The course will use handout material and linked references; students will be required to prepare the assigned readings. A number of relevant cases will be discussed as time permits. A midterm written examination will be given, and we will discuss on the first day of class whether or not that should count toward the final grade, but it will serve to help students prepare the material to be learned in this class. There will be a two-hour written final examination that will have both multiple choice questions and an essay. Class participation and level of preparation may be counted toward the final grade. Attendance is required as per University of Houston standards. Attendance will be recorded. The use of personal computers is restricted to activity related to this class; no games, social networking, or eBay, please.
Office hours are before each of the class sessions in the Health Law and Policy Institute, or by arrangement.
5297 HIPAA - EWER (offered in Fall 2016)
Health Information Privacy Rule: Fall 2016; University of Houston Law Center.
Professor: Michael S. Ewer, MD, JD, LLM
Course number: 5297
Time and place: Tuesdays, 2:30 – 4:30 pm (room not assigned yet)
Professor contact: mewer@mdanderson.org
This course is designed to help you understand the HIPAA Privacy Rule, and will look at the requirements of covered entities, business associates, and subcontractors. The course will start with an overview of HIPAA, and achieve an understanding of who is and who is not a covered entity, what constitutes protected health information, and how protected health information can and cannot be used or disclosed within the HIPAA rule. The course will look beyond individual rights to public policy exceptions within the rule, and will look at when protected health information may be used or disclosed without specific permission, when oral permission is sufficient, and when written disclosure is required. Limitations to disclosure for marketing and fundraising purposes will be discussed, as will specific requirements for psychotherapy notes. Notification requirements with regard to breaches and complaints as well as other administrative requirements will also be discussed. The course will consist of 15 sections; some but not all may be covered in a single session.
1) Introduction, overview, and covered entities
2) Protected health information
3) Uses and disclosures for treatment, payment, or operations
4) Uses and disclosures allowed under public policy
5) Disclosures for which oral permission is allowed
6) Uses and disclosures for which written authorization is required
7) Special considerations for disclosures of heightened protections
8) Uses and disclosures related to fundraising
9) Special considerations for research disclosures not requiring authorization
10) Business Associates and Business associate agreements
11) Miscellaneous issues
12) Individual rights
13) Compliance and enforcement
14) Organizational issues
15) Preemption
The course will use handout material and linked references; students will be required to prepare the assigned readings. A number of relevant cases will be discussed as time permits. A midterm written examination will be given, and we will discuss on the first day of class whether or not that should count toward the final grade, but it will serve to help students prepare the material to be learned in this class. There will be a two-hour written final examination that will have both multiple choice questions and an essay. Class participation and level of preparation may be counted toward the final grade. Attendance is required as per University of Houston standards. Attendance will be recorded. The use of personal computers is restricted to activity related to this class; no games, social networking, or eBay, please.
Office hours are before each of the class sessions in the Health Law and Policy Institute, or by arrangement.
5397 Hot Topics in FDA Law - EVANS (offered in Fall 2016)
This course provides a practice-oriented basic survey of the Federal Food, Drug, and Cosmetic Act, a surprisingly comprehensive federal consumer safety framework that regulates not just medical products but microwave ovens, computer screens, nanoparticles in make-up, genetically modified foods, dietary supplements and a dizzying array of other products that together account for 1 in 4 dollars spent in the U.S. economy. The course then takes a deeper look at current controversies such as FDA’s ability to block dying patients’ access to unapproved therapies; FDA’s oversight of gene editing technologies that may move into human clinical trials as early as 2017; concerns about the safety of commonly used cosmetics; FDA’s recurring collisions with the First Amendment; white collar crime in drug marketing; and other controversies yet to emerge. No prerequisites or scientific background required. This course is suitable for any student who may work in, or represent, consumer products manufacturers in the future.
5497 Hot Topics in FDA Law - EVANS (offered in Spring 2018)
This course provides a practice-oriented basic survey of the Federal Food, Drug, and Cosmetic Act, a surprisingly comprehensive federal consumer safety framework that regulates not just medical products but microwave ovens, computer screens, nanoparticles in make-up, genetically modified foods, dietary supplements and a dizzying array of other products that together account for 1 in 4 dollars spent in the U.S. economy. The course then takes a deeper look at current controversies such as FDA’s ability to block dying patients’ access to unapproved therapies; FDA’s oversight of gene editing technologies that may move into human clinical trials as early as 2017; concerns about the safety of commonly used cosmetics; FDA’s recurring collisions with the First Amendment; white collar crime in drug marketing; and other controversies yet to emerge. No prerequisites or scientific background required. This course is suitable for any student who may work in, or represent, consumer products manufacturers in the future.
5397 Human Resources: Advanced Issues in Employment Law - SULENTIC (offered in Spring 2016)
This course will familiarize students with the legal issues involved in the management of human resources in the modern workplace. Topics will include (i) drafting and negotiation of individual employment agreements, (ii) drafting and implementation of benefits and compensation policies, (iii) drafting and interpretation of employee communications, including employee handbooks, (iv) labor and employment issues in corporate transactions, (v) workplace investigations and internal resolution of problems in the workplace, and (vi) global employment challenges for multinational corporations. Students will propose and analyze solutions to problems discussed in class and will prepare and submit drafts of documents or portions of documents relevant to the resolution of these problems.
Grades will be based on written assignments due throughout the semester.
5397 Human Resources: Advanced Issues in Employment Law - SULENTIC (offered in Spring 2017)
This course will familiarize students with the legal issues involved in the management of human resources in the modern workplace. Topics will include (i) drafting and negotiation of individual employment agreements, (ii) drafting and implementation of benefits and compensation policies, (iii) drafting and interpretation of employee communications, including employee handbooks, (iv) labor and employment issues in corporate transactions, (v) workplace investigations and internal resolution of problems in the workplace, and (vi) global employment challenges for multinational corporations. Students will propose and analyze solutions to problems discussed in class and will prepare and submit drafts of documents or portions of documents relevant to the resolution of these problems.
Grades will be based on written assignments due throughout the semester.
5297 International Arbitration Advocacy - ROBERTSON/CARSON/HARRELL (offered in Fall 2016)
International arbitration is a growing field and increasingly is the mechanism by which the largest international commercial disputes are resolved. This course has two primary aims: (1) to expose students to international arbitration practice; and (2) to provide students with the skills they need to represent clients effectively in international commercial arbitrations.
The backbone of the course will be a mock arbitration with the students advocating the entire matter through each stage of the arbitration process.
5397 International Arbitration Advocacy - ROBERTSON/CARSON/HARRELL (offered in Fall 2017)
International arbitration is a growing field and increasingly is the mechanism by which the largest international commercial disputes are resolved. This course has two primary aims: (1) to expose students to international arbitration practice; and (2) to provide students with the skills they need to represent clients effectively in international commercial arbitrations.
The backbone of the course will be a mock arbitration with the students advocating the entire matter through each stage of the arbitration process.
5297 International Corporate Compliance - McCONNELL/BAKER/BUSTAMANTE (offered in Spring 2017)
Corporate compliance, one of the fastest growing markets for legal services, addresses the problems of organizations struggling to manage risk ranging from corruption to data privacy.
This class will teach you the process involved in addressing compliance risk and how to integrate compliance processes into a business. We will discuss a number of substantive compliance areas, but the goal of the class is to teach you how to develop a risk based approach to solve compliance problems.
You may not bring a laptop or use any other electronic device during this class.
5297 International Corporate Compliance - McCONNELL/BAKER/BUSTAMANTE (offered in Spring 2016)
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 Energy Law - WARREN (offered in Spring 2017)
This course provides an introduction to how international law regulates or impacts energy activities. It analyzes the legal framework for trade and investment in the energy sector, as well as rules governing energy development, the climate, and the environment. This course will also provide an overview of corporate responsibility and human rights consequences of energy activities. We will focus on how public and private international law consider the various actors, socio-economic interests, and environmental concerns associated with the exploitation of energy sources and how domestic law can impact those interests and concerns. By the end of the semester, you will be able to critically assess the key legal issues around the exploitation of energy sources from a multidisciplinary and global standpoint.
5297 International Intellectual Property - COLMENTER (offered in Spring 2017)
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 Intellectual Property - COLMENTER (offered in Spring 2016)
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 Patent & Copyright Law and Human Rights - OKEDIJI (offered in Spring 2017)
This course will examine the international framework for the protection of patent and copyright law. We will examine key provisions of multilateral and plurilateral IP treaties, focusing on minimum standards for patent and copyright protection, national implementation of treaty provisions, and cross-border enforcement strategies. A significant amount of time will be devoted to the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) and its interface with international human rights norms. Using case studies, students will explore the political economy of international IP relations with a particular emphasis on institutional arrangements affecting access to medicines and access to knowledge in light of the human right to health, culture and development. Important topics include IP and pharmaceutical drug development, IP and public health, compulsory licenses, patents on life and research tools, and access to food.
5397 International Risk Management - DIMITROFF/SILVA (offered in Fall 2016)
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. 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 20% of the final grade. Second, 80 percent of the grade will be based on a final exam that will be comprehensive and will cover the entire course material.
5297 Internet Law - RAIMER (offered in Fall 2018)
This course covers a survey of legal issues arising from the rapid growth of the internet and other on-line communications. The focus will be on the protection and enforcement of intellectual property rights on the Internet, including copyrights, trademarks, patents, and trade secrets. The course will also include discussion on jurisdictional issues, data privacy, and computer crime.
5297 Introduction to Finance Concepts for Law Students - BRENNAN (offered in Spring 2016)
This 2-credit course is designed to provide law students with no prior course work in business finance an introduction to financial statements and the essential foundations of corporate finance and accounting.
The following topics will be introduced: how financial statement information is used and analyzed and how the information is accounted for and derived in the form of financial statements; time value of money; valuation of cash flows; discounted cash flow analysis for investment decisions and valuation of securities; market efficiency; cost of capital, methods of raising equity and debt capital, and introduction to basic financial statements. In-class discussion of the course material and assigned problems will be used to provide an active learning experience for students.
The course in Session 5 technically begins on Tuesday, March 24.
There will be four class meetings over spring break:
Class Days: Monday, March 14, 2016 to Thursday March 17, 2016.
Each class will run from 9:00 am – 4:00 pm.
1 Hour lunch and 10 minute breaks daily.
Exam: The exam will be a take home exam, to be handed out at the end of class on Thursday March 17 for students to return by Monday March 21, 2016.
5397 Introduction to the Laws of European Union - WILLIS (offered in Summer II 2016)
In this course, which satisfies the practice skills requirement, students will gain an insight into the way in which the law of the European Union (European Community law) impacts the business community at a national and international level. The European Union now represents a vast market and a window of opportunity for business and commerce.
The course will be graded on a series of short and practical written assignments, which will guide students through the drafting of a basic contract enforceable within the European Union. There will be three contractual drafting assignments that will be designed to build upon each other so that the fourth and final assignment will result in a draft of a complete contract. Class participation will also count toward student grades.
The aim of this course is to provide students with a basic understanding of how the European Union uses the law as a means to achieve market objectives through national and international business transactions .To this end the class will examine the basic components lawyers need to know when preparing to draft contracts involving EU member states:
• the emergence of the European Economic Community
• how the European Union is administered/governed by the four main institutions
• the sources and general principles of the European Community law
• how European Community law is integrated at a national level
• the contributions of the Court of Justice to this process
• how European community law is enforced at both a national and European level.
The class is will meet regularly during the Summer II session.
5297 Judicial Externship I - BONADERO/ARCHER/WORRELL (offered in Summer II 2016)
Well in advance of the semester during which they want to work, students should secure their own field placements with a state or federal judge at either the district court or appellate court level. Many judges/justices in the Houston area participate as field placement supervisors, and welcome applications from Rising 2Ls, 2Ls, Rising 3Ls, and 3Ls. If a student wishes to work for judge outside of Houston, s/he should first contact the Externship Director to discuss the possibility, and should do so before accepting a position with that judge.
Once a student secures a position, s/he must apply to the Judicial Externship Program at www.law.uh.edu/externship/. Students should not attempt to enroll themselves in these courses via PeopleSoft: if you’re approved, the Externship Director will enroll you via the Office of Student Services.
Any JD student doing his/her first-ever judicial externship for credit is required to attend an on-campus orientation. The date/time of the orientation is TBD. Students are responsible for reading their law school email and The Lex consistently to keep up with this information as it becomes available.
Students will be required to work at their placements for 60 hours to earn each hour of academic credit.
5297 Judicial Externship I - BONADERO/ARCHER/WORRELL (offered in Summer IV 2016)
Well in advance of the semester during which they want to work, students should secure their own field placements with a state or federal judge at either the district court or appellate court level. Many judges/justices in the Houston area participate as field placement supervisors, and welcome applications from Rising 2Ls, 2Ls, Rising 3Ls, and 3Ls. If a student wishes to work for judge outside of Houston, s/he should first contact the Externship Director to discuss the possibility, and should do so before accepting a position with that judge.
Once a student secures a position, s/he must apply to the Judicial Externship Program at www.law.uh.edu/externship/. Students should not attempt to enroll themselves in these courses via PeopleSoft: if you’re approved, the Externship Director will enroll you via the Office of Student Services.
Any JD student doing his/her first-ever judicial externship for credit is required to attend an on-campus orientation. The date/time of the orientation is TBD. Students are responsible for reading their law school email and The Lex consistently to keep up with this information as it becomes available.
Students will be required to work at their placements for 60 hours to earn each hour of academic credit.
5297 Judicial Externship I - BONADERO (offered in Spring 2016)
Well in advance of the semester during which they want to work, students should secure their own field placements with a state or federal judge at either the district court or appellate court level. Many judges/justices in the Houston area participate as field placement supervisors, and welcome applications from Rising 2Ls, 2Ls, Rising 3Ls, and 3Ls. If a student wishes to work for judge outside of Houston, s/he should first contact the Externship Director to discuss the possibility, and should do so before accepting a position with that judge.
Once a student secures a position, s/he must apply to the Judicial Externship Program at www.law.uh.edu/externship/. Students should not attempt to enroll themselves in these courses via PeopleSoft: if you’re approved, the Externship Director will enroll you via the Office of Student Services.
Any JD student doing his/her first-ever judicial externship for credit is required to attend an on-campus orientation. The date/time of the orientation is TBD. Students are responsible for reading their law school email and The Lex consistently to keep up with this information as it becomes available.
Students will be required to work at their placements for 60 hours to earn each hour of academic credit.
5297 Judicial Externship II - BONADERO (offered in Spring 2016)
Well in advance of the semester during which they want to work, students should secure their own field placements with a state or federal judge at either the district court or appellate court level. Many judges/justices in the Houston area participate as field placement supervisors, and welcome applications from Rising 2Ls, 2Ls, Rising 3Ls, and 3Ls. If a student wishes to work for a judge outside of Houston over the summer, s/he should first contact the Externship Director to discuss the possibility, and should do so before accepting a position with that judge.
Once a student secures a position, s/he must apply to the Judicial Externship Program at www.law.uh.edu/clinic. Students should not attempt to enroll themselves in these courses via PeopleSoft: if you’re approved, the Externship Director will enroll you via the Office of Student Services.
Students in this course do not need to attend an orientation, as they have already completed Judicial Externship I. Students will still be responsible for submitting journal entries and/or reflective writing assignments, time logs, and evaluations, and possibly attending an in-person meeting with the ED over the course of the semester.
Students will be required to work at their placements for 60 hours to earn each hour of academic credit.
5297 Judicial Externship II - BONADERO/ARCHER/WORRELL (offered in Summer IV 2016)
Well in advance of the semester during which they want to work, students should secure their own field placements with a state or federal judge at either the district court or appellate court level. Many judges/justices in the Houston area participate as field placement supervisors, and welcome applications from Rising 2Ls, 2Ls, Rising 3Ls, and 3Ls. If a student wishes to work for a judge outside of Houston over the summer, s/he should first contact the Externship Director to discuss the possibility, and should do so before accepting a position with that judge.
Once a student secures a position, s/he must apply to the Judicial Externship Program at www.law.uh.edu/clinic. Students should not attempt to enroll themselves in these courses via PeopleSoft: if you’re approved, the Externship Director will enroll you via the Office of Student Services.
Students in this course do not need to attend an orientation, as they have already completed Judicial Externship I. Students will still be responsible for submitting journal entries and/or reflective writing assignments, time logs, and evaluations, and possibly attending an in-person meeting with the ED over the course of the semester.
Students will be required to work at their placements for 60 hours to earn each hour of academic credit.
5297 Judicial Externship II - BONADERO/ARCHER/WORRELL (offered in Summer II 2016)
Well in advance of the semester during which they want to work, students should secure their own field placements with a state or federal judge at either the district court or appellate court level. Many judges/justices in the Houston area participate as field placement supervisors, and welcome applications from Rising 2Ls, 2Ls, Rising 3Ls, and 3Ls. If a student wishes to work for a judge outside of Houston over the summer, s/he should first contact the Externship Director to discuss the possibility, and should do so before accepting a position with that judge.
Once a student secures a position, s/he must apply to the Judicial Externship Program at www.law.uh.edu/clinic. Students should not attempt to enroll themselves in these courses via PeopleSoft: if you’re approved, the Externship Director will enroll you via the Office of Student Services.
Students in this course do not need to attend an orientation, as they have already completed Judicial Externship I. Students will still be responsible for submitting journal entries and/or reflective writing assignments, time logs, and evaluations, and possibly attending an in-person meeting with the ED over the course of the semester.
Students will be required to work at their placements for 60 hours to earn each hour of academic credit.
5297 Juvenile Record Sealing I - DOW, KATYA (offered in Fall 2016)
Although a juvenile’s criminal record is generally considered to be automatically withheld from public access, such records, if not formally sealed or restricted, can be accessed by any person, agency, or institution having a “legitimate interest” in the matter. Access to juvenile records can create major barriers for the affected juveniles with respect to their efforts to obtain: (1) employment (2) financial aid, (3) housing, (4) public benefits, (5) educational and licensing opportunities, (5) military enlistment, and (6) many other benefits. Consequently, the existence of these records can make it difficult for persons with a juvenile record to get past youthful mistakes and improve their lives.
This course will train law students in the procedure and preparation of required forms for sealing of juvenile records pursuant to Section 58.003 of the Family Code/ Title 3. Juvenile Justice Code. In addition, students will learn applicable law to identify which juveniles are eligible for sealing. Finally, students will take the steps required to seal records of juveniles who are eligible for assistance. Students will be expected to meet with juveniles who are eligible for sealing (as well as with their parent(s) or guardian(s) when appropriate or required), notify the appropriate state agencies; and attend the sealing hearing with Professor Dow.
5297 Juvenile Record Sealing I - DOW, KATYA (offered in Summer I 2016)
Although a juvenile’s criminal record is generally considered to be automatically withheld from public access, such records, if not formally sealed or restricted, can be accessed by any person, agency, or institution having a “legitimate interest” in the matter. Access to juvenile records can create major barriers for the affected juveniles with respect to their efforts to obtain: (1) employment (2) financial aid, (3) housing, (4) public benefits, (5) educational and licensing opportunities, (5) military enlistment, and (6) many other benefits. Consequently, the existence of these records can make it difficult for persons with a juvenile record to get past youthful mistakes and improve their lives.
This course will train law students in the procedure and preparation of required forms for sealing of juvenile records pursuant to Section 58.003 of the Family Code/ Title 3. Juvenile Justice Code. In addition, students will learn applicable law to identify which juveniles are eligible for sealing. Finally, students will take the steps required to seal records of juveniles who are eligible for assistance. Students will be expected to meet with juveniles who are eligible for sealing (as well as with their parent(s) or guardian(s) when appropriate or required), notify the appropriate state agencies; and attend the sealing hearing with Professor Dow.
5297 Juvenile Record Sealing I - DOW, KATYA (offered in Spring 2017)
Although a juvenile’s criminal record is generally considered to be automatically withheld from public access, such records, if not formally sealed or restricted, can be accessed by any person, agency, or institution having a “legitimate interest” in the matter. Access to juvenile records can create major barriers for the affected juveniles with respect to their efforts to obtain: (1) employment (2) financial aid, (3) housing, (4) public benefits, (5) educational and licensing opportunities, (5) military enlistment, and (6) many other benefits. Consequently, the existence of these records can make it difficult for persons with a juvenile record to get past youthful mistakes and improve their lives.
This course will train law students in the procedure and preparation of required forms for sealing of juvenile records pursuant to Section 58.003 of the Family Code/ Title 3. Juvenile Justice Code. In addition, students will learn applicable law to identify which juveniles are eligible for sealing. Finally, students will take the steps required to seal records of juveniles who are eligible for assistance. Students will be expected to meet with juveniles who are eligible for sealing (as well as with their parent(s) or guardian(s) when appropriate or required), notify the appropriate state agencies; and attend the sealing hearing with Professor Dow.
5297 Juvenile Record Sealing I - DOW, KATYA (offered in Spring 2016)
Although a juvenile’s criminal record is generally considered to be automatically withheld from public access, such records, if not formally sealed or restricted, can be accessed by any person, agency, or institution having a “legitimate interest” in the matter. Access to juvenile records can create major barriers for the affected juveniles with respect to their efforts to obtain: (1) financial aid, (2) housing, (3) public benefits, (4) educational and licensing opportunities, (5) employment, and (6) many other benefits. Consequently, the existence of these records can make it difficult for persons with a juvenile record to get past youthful mistakes and improve their lives.
This course will train law students in the procedure and preparation of required forms for sealing of juvenile records pursuant to Section 58.003 of the Family Code. In addition, students will learn applicable law to identify which juveniles are eligible for sealing. Finally, students will take the steps required to seal records of juveniles who are eligible for assistance . Students will be expected to meet with juveniles who are eligible for sealing, as well as with their parent(s) or guardian(s) when appropriate or required; notify the appropriate state agencies; and attend the sealing hearing with Professor Dow.
5297 Juvenile Record Sealing I - DOW, KATYA (offered in Summer I 2017)
Although a juvenile’s criminal record is generally considered to be automatically withheld from public access, such records, if not formally sealed or restricted, can be accessed by any person, agency, or institution having a “legitimate interest” in the matter. Access to juvenile records can create major barriers for the affected juveniles with respect to their efforts to obtain: (1) employment (2) financial aid, (3) housing, (4) public benefits, (5) educational and licensing opportunities, (5) military enlistment, and (6) many other benefits. Consequently, the existence of these records can make it difficult for persons with a juvenile record to get past youthful mistakes and improve their lives.
This course will train law students in the procedure and preparation of required forms for sealing of juvenile records pursuant to Section 58.003 of the Family Code/ Title 3. Juvenile Justice Code. In addition, students will learn applicable law to identify which juveniles are eligible for sealing. Finally, students will take the steps required to seal records of juveniles who are eligible for assistance. Students will be expected to meet with juveniles who are eligible for sealing (as well as with their parent(s) or guardian(s) when appropriate or required), notify the appropriate state agencies; and attend the sealing hearing with Professor Dow.
5197 Juvenile Record Sealing II - DOW, KATYA (offered in Summer I 2017)
This course is a continuation of Juvenile Record Sealing I; students must have satisfactorily completed JRS I to enroll.
In this class, students will continue to develop and refine the skills learned in JRS I. Specifically, under the supervision of Professor Dow, students will (i) acquire expertise in the procedures and preparation of required forms for sealing of juvenile records pursuant to Section 58.003 of the Family Code, and (ii) become able to apply the applicable law to identify which juveniles are eligible for sealing.
To accomplish these goals, students will be expected to meet with juveniles who are eligible (as well as their parent(s) or guardian(s); notify the appropriate agencies; and attend the sealing hearing with Professor Dow. Students in JRS II will be given more advanced cases and be given more independence when negotiating cases with the district attorneys and speaking at hearings. Finally, students in JRS II may be paired with students from JRS I to assist them on initial cases.
5197 Juvenile Record Sealing II - DOW, KATYA (offered in Spring 2016)
This course is a continuation of Juvenile Record Sealing I; students must have satisfactorily completed JRS I to enroll.
In this class, students will continue to develop and refine the skills learned in JRS I. Specifically, under the supervision of Professor Dow, students will (i) acquire expertise in the procedures and preparation of required forms for sealing of juvenile records pursuant to Section 58.003 of the Family Code, and (ii) become able to apply the applicable law to identify which juveniles are eligible for sealing.
To accomplish these goals, students will be expected to meet with juveniles who are eligible (as well as their parent(s) or guardian(s); notify the appropriate agencies; and attend the sealing hearing with Professor Dow. Students in JRS II will be given more advanced cases and be given more independence when negotiating cases with the district attorneys and speaking at hearings. Finally, students in JRS II may be paired with students from JRS I to assist them on initial cases.
5197 Juvenile Record Sealing II - DOW, KATYA (offered in Spring 2017)
This course is a continuation of Juvenile Record Sealing I; students must have satisfactorily completed JRS I to enroll.
In this class, students will continue to develop and refine the skills learned in JRS I. Specifically, under the supervision of Professor Dow, students will (i) acquire expertise in the procedures and preparation of required forms for sealing of juvenile records pursuant to Section 58.003 of the Family Code, and (ii) become able to apply the applicable law to identify which juveniles are eligible for sealing.
To accomplish these goals, students will be expected to meet with juveniles who are eligible (as well as their parent(s) or guardian(s); notify the appropriate agencies; and attend the sealing hearing with Professor Dow. Students in JRS II will be given more advanced cases and be given more independence when negotiating cases with the district attorneys and speaking at hearings. Finally, students in JRS II may be paired with students from JRS I to assist them on initial cases.
5197 Juvenile Record Sealing II - DOW, KATYA (offered in Fall 2016)
This course is a continuation of Juvenile Record Sealing I; students must have satisfactorily completed JRS I to enroll.
In this class, students will continue to develop and refine the skills learned in JRS I. Specifically, under the supervision of Professor Dow, students will (i) acquire expertise in the procedures and preparation of required forms for sealing of juvenile records pursuant to Section 58.003 of the Family Code, and (ii) become able to apply the applicable law to identify which juveniles are eligible for sealing.
To accomplish these goals, students will be expected to meet with juveniles who are eligible (as well as their parent(s) or guardian(s); notify the appropriate agencies; and attend the sealing hearing with Professor Dow. Students in JRS II will be given more advanced cases and be given more independence when negotiating cases with the district attorneys and speaking at hearings. Finally, students in JRS II may be paired with students from JRS I to assist them on initial cases.
5197 Juvenile Record Sealing II - DOW, KATYA (offered in Summer I 2016)
This course is a continuation of Juvenile Record Sealing I; students must have satisfactorily completed JRS I to enroll.
In this class, students will continue to develop and refine the skills learned in JRS I. Specifically, under the supervision of Professor Dow, students will (i) acquire expertise in the procedures and preparation of required forms for sealing of juvenile records pursuant to Section 58.003 of the Family Code, and (ii) become able to apply the applicable law to identify which juveniles are eligible for sealing.
To accomplish these goals, students will be expected to meet with juveniles who are eligible (as well as their parent(s) or guardian(s); notify the appropriate agencies; and attend the sealing hearing with Professor Dow. Students in JRS II will be given more advanced cases and be given more independence when negotiating cases with the district attorneys and speaking at hearings. Finally, students in JRS II may be paired with students from JRS I to assist them on initial cases.
5297 Juvenile Representation - DOW,KATYA/FISHER (offered in Fall 2018)
Dual-status youth (also often referred to as Crossover Youth) are juveniles who are involved in both the Juvenile Justice system as well as the child welfare system. Students will be trained to represent and advocate for juveniles who are in contact with two different legal systems.
Students will be assigned to delinquency cases for dual-status youth and will be responsible for handling all legal aspects of the delinquency case under the supervision of the supervising attorney. Students will learn the law in a real-life context and develop professional and problem-solving skills. Students will be exposed to a wide range of cases, from misdemeanors to felonies. Students will have the opportunity to investigate cases, interview witnesses and prepare cases for trial.
Students will also learn about the CPS system and factors in this system that impact the delinquency cases and the youth that are facing charges.
The clinic will consist of a classroom component and a practical component. The classroom component will focus on case preparation, negotiating the CPS system, advocacy skills and ethical considerations.
The practical component will allow students to handle different aspects of real cases including appearing in court, negotiating plea agreements and preparing cases for trial.
5297 Juvenile Representation - DOW,KATYA/FISHER (offered in Summer I 2018)
Dual-status youth (also often referred to as Crossover Youth) are juveniles who are involved in both the Juvenile Justice system as well as the child welfare system. Students will be trained to represent and advocate for juveniles who are in contact with two different legal systems.
Students will be assigned to delinquency cases for dual-status youth and will be responsible for handling all legal aspects of the delinquency case under the supervision of the supervising attorney. Students will learn the law in a real-life context and develop professional and problem-solving skills. Students will be exposed to a wide range of cases, from misdemeanors to felonies. Students will have the opportunity to investigate cases, interview witnesses and prepare cases for trial.
Students will also learn about the CPS system and factors in this system that impact the delinquency cases and the youth that are facing charges.
The clinic will consist of a classroom component and a practical component. The classroom component will focus on case preparation, negotiating the CPS system, advocacy skills and ethical considerations.
The practical component will allow students to handle different aspects of real cases including appearing in court, negotiating plea agreements and preparing cases for trial.
5197 Landlord/Tenant Law Lab - MARQUEZ (offered in Fall 2018)
Landlord & Tenant Law- This one credit hour practical course will provide students who are co-registered in 5318 - Landlord & Tenant Course a real-life legal experience giving advice and counsel to members of the community who have consumer law problems – including landlord/tenant issues. This course allows students to reinforce the landlord/tenant laws they are learning in the associated Landlord & Tenant Course. Students will be required to work in the “lab” for 50 hours over the course of the semester at times arranged with the lab supervisor.
5397 Law and Social Science - KWOK (offered in Spring 2016)
This course focuses on the role of the social sciences within the legal system. We will look at the impact of social science research and evidence in a variety of contexts, including trademark, damages, school segregation, and tort liability. For example, how should courts use survey evidence in determining whether trademarks cause confusion in the marketplace? The social sciences include the disciplines of psychology, economics, sociology, and anthropology. Students should expect to gain sufficient scientific literacy to critically read and apply social science research.
5397 Law Office Management: Advanced Legal Marketing and Ethics (Distance Learning-Hybrid) - BROWN (offered in Fall 2017)
: This course is a project-based discussing the practical and ethical issues related to legal marketing. While many forms of legal advertising will be discussed, the class will focus on current trends in digital marketing including search engine optimization and pay per click advertising. Each student will prepare an advertising plan for a law firm which will include the advertising strategy and state bar compliance.
5297 Licensing & Technology Transfer - MAVRAKAKIS/BRUCCULERI (offered in Fall 2018)
A study of licensing in the following types of licenses: patent, copyright, trademark, know-how, and digital information.
5297 Long Term Care and The Law - STERNTHAL (offered in Spring 2016)
Course Outline: Long Term Care and the Law - This course will focus on legal issues relevant to the operations of long term care providers across the continuum of care, including senior housing, assisted living, nursing facilities, Continuing Care Retirement Communities, and hospice and home health. These legal issues include licensure and accreditation, quality regulation and assurance, admission and discharge policies, reimbursement, and care coordination. We will discuss these issue from a policy context as well as through the statutory, regulatory, and common law framework.
5297 Mental Health Law - TOVINO (offered in Spring 2017)
This course will examine a variety of civil and administrative issues pertaining to mental health care access, quality, liability, and finance. Particular attention will be given to federal and state mental health parity law and mandatory mental health and substance use disorder law; federal and state regulation of interventions such as restraint, seclusion, electroconvulsive therapy, and psychosurgery; federal and state laws protecting the confidentiality of mental health and substance use disorder records; state law scope of practice issues for mental health professionals, including psychiatrists, psychologists, social workers, advance nurse practitioners, and counselors; state regulation of involuntary inpatient and outpatient commitment; and civil liability and/or professional discipline for negligent failure to diagnose, negligent misdiagnosis, negligent treatment, negligent referral, sexual and romantic relationships with patients, patient injury following elopement, and patient suicide.
5297 Money and Morals in the Courtroom and Boardroom - GERGER/LEWIS (offered in Fall 2016)
This class – taught by senior corporate law partner Kevin Lewis of Sidley Austin LLP and white collar criminal partner David Gerger of Quinn Emanuel Urquhart & Sullivan, LLP – explores the complexities in real legal issues you read about in the papers: Can you compete in Asia and Africa without bribing foreign officials when your foreign competition pays bribes? When it comes to executive pay, do CEOs live in Lake Wobegon where every executive is “above average”? Is Fedex responsible for what you put in the box you pay them to ship? And what went wrong at Enron? The course will investigate policy and moral implications that are considered – or ignored – by popular culture and often by the participants themselves. Reading materials and guest speakers will come from real cases and real situations, many of which were handled by the faculty.
5397 Natural Resource Damages Liability and Litigation - HESTER (offered in Fall 2016)
Description: The oil-slicked shores of the Gulf Coast and Valdez, the contamined sediments of New Jersey Bay, the million-gallon spills of acid mining wastewater into the Animas River, the radioactive groundwater of the Hanover nuclear weapons plant — some of the largest, most complex and expensive environmental fights in the United States now center on broad regions of contamination that have injured natural resources, ecological systems and endangered species. These environmental injuries have led to the rise of a new type of environmental action: natural resource damage regulations and litigation, which seek to either restore an ecosystem or obtain compensation for its loss. These legal actions often seek to recover billions of dollars in restitution or to compel enormous remediation efforts.
This course will explore the fundamental legal issues that drive natural resource damage litigation. By adopting a classroom laboratory approach, we will explore how natural resource damage actions must navigate challenges based on constitutional constraints, standing, political question doctrine, equitable tolling and remedy restrictions, proof of causation, identification of restoration methods, and measurement of damages.
Instructors: Tracy Hester and two guest instructors. Prof. Bill Jackson is the name partner of Jackson, Gilmour LLP, and is one of the leading natural resource damage plaintiff’s attorneys in the United States. Prof. Tom Campbell, the managing partner of Pillsbury LLP’s Houston office, is the former general counsel of the National Atmospheric and Oceanic Administration and a leading defense counsel on large natural resource damage and Superfund cost recovery claims.
5297 Negotiation and Creative Problem Solving - BOLON / KELLY (offered in SummerMini 2016)
"Negotiation tactics & strategies, including creating value, claiming value, and coalition building. Will feature exercises and guest speakers and will link negotiation skills to legal practice.
Mandatory attendance and participation, requiring robust pre-class preparation each week."
5297 Negotiation and Creative Problem Solving - KELLY/BLOCK (offered in SummerMini 2018)
"Negotiation tactics & strategies, including creating value, claiming value, and coalition building. Will feature exercises and guest speakers and will link negotiation skills to legal practice.
Mandatory attendance and participation, requiring robust pre-class preparation each week."
5297 Negotiation and Creative Problem Solving - BOLON / KELLY (offered in SummerMini 2017)
"Negotiation tactics & strategies, including creating value, claiming value, and coalition building. Will feature exercises and guest speakers and will link negotiation skills to legal practice.
Mandatory attendance and participation, requiring robust pre-class preparation each week."
5297 Negotiation in Sports - LAWRENCE/JONES (offered in Summer II 2018)
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 Offshore Energy Development - MCCAY (offered in Spring 2018)
The course will cover Deepwater Gulf of Mexico Lease Sales, Joint Operating Agreements, Participation Agreements, Suspensions of Operations or Production, the cycle time from lease acquisition to first oil or gas, mid-stream issues (pipelines to shore and Production Handling Agreements), development of infrastructure, internal approval processes of Lessees, federal regulations and Notices to Lessees addressing these matters, and other related topics.
5297 Oil & Gas Pipeline Regulation - JOHNSON/NEAL (offered in Spring 2018)
The increased demand for electric power generation and the development of shale gas plays in the United States have created a need for additional domestic pipeline infrastructure for natural gas pipelines and oil/condensate pipelines. At the same time, pipeline development and operation is receiving increased scrutiny and opposition from regulators and non-governmental organizations opposed to climate change and environmental impacts or concerned with pipeline safety. This course will provide an overview of the principal substantive laws and regulatory mechanisms that govern the construction and operation of oil and natural gas pipelines including the Interstate Commerce Act, Natural Gas Act, the National Environmental Policy Act, Clean Water Act, Pipeline Safety Act, and Endangered Species Act among others. This course will be taught using statutes, court cases, and agency decisions assembled by Professor Johnson; these course reading materials will be made available through the Associate Dean's office prior to the first day of class.
5297 Oil & Gas Pipeline Regulation - JOHNSON/NEAL (offered in Spring 2017)
The increased demand for electric power generation and the development of shale gas plays in the United States have created a need for additional domestic pipeline infrastructure for natural gas pipelines and oil/condensate pipelines. At the same time, pipeline development and operation is receiving increased scrutiny and opposition from regulators and non-governmental organizations opposed to climate change and environmental impacts or concerned with pipeline safety. This course will provide an overview of the principal substantive laws and regulatory mechanisms that govern the construction and operation of oil and natural gas pipelines including the Interstate Commerce Act, Natural Gas Act, the National Environmental Policy Act, Clean Water Act, Pipeline Safety Act, and Endangered Species Act among others. This course will be taught using statutes, court cases, and agency decisions assembled by Professor Johnson; these course reading materials will be made available through the Associate Dean's office prior to the first day of class.
5397 Oil & Gas Tax - WRIGHT (offered in Spring 2017)
Oil and Gas Income Taxation covers the United States federal income taxation of domestic oil and gas operations and transactions. The course examines taxation associated with the operational life cycle of oil and gas operations including exploration, development, production and abandonment. The study of transactions involving oil and gas interests analyzes acquisition, disposition, structuring and investment. Course participants learn the historical context and development of oil and gas provisions found in the U.S. tax law. Current tax legislative proposals or enactments that affect the oil and gas industry are addressed if warranted. The emphasis is on federal income taxation of domestic oil and gas transactions, although certain international tax aspects of the oil and gas business will be referenced and contrasted throughout the class.
Outline updated 1/13/17
5397 Oil & Gas Tax - WRIGHT (offered in Spring 2018)
Oil and Gas Income Taxation covers the United States federal income taxation of domestic oil and gas operations and transactions. The course examines taxation associated with the operational life cycle of oil and gas operations including exploration, development, production and abandonment. The study of transactions involving oil and gas interests analyzes acquisition, disposition, structuring and investment. Course participants learn the historical context and development of oil and gas provisions found in the U.S. tax law. Current tax legislative proposals or enactments that affect the oil and gas industry are addressed if warranted. The emphasis is on federal income taxation of domestic oil and gas transactions, although certain international tax aspects of the oil and gas business will be referenced and contrasted throughout the class.
Outline updated 1/13/17
5297 Patent Post Grant Proceeding - WYDE/FISCHMAN (offered in Spring 2018)
5397 Privacy & Data Protection - TODD (offered in Spring 2018)
This introductory course will cover the basic principles of privacy and data protection law. It will examine the policies underlying this still-nascent form of protection, and certain of those areas of tort, criminal, and Constitutional law pertinent to privacy, including corporate compliance and application of these principals. It will cover the substance of some federal privacy statutes relating to surveillance, record-keeping, and financial information. It will also cover certain state privacy statutes, the privacy-related activities of the Federal Trade Commission, and the structure and substance of privacy law in the European Union. There are no prerequisites for this course.
6397 Promoting Sustainability I: Legal Frameworks and Value - WOLDU/WEAVER (offered in SummerMini 2016)
This is a non-law course; all limits and approvals for non-law courses apply. For the Summer Mini Session 2016, however, this course will count towards the 15 credits of energy, environment, and natural resources courses required for the EENR LLM.
6397 Promoting Sustainability II: Workforce and Local Community - CHRISTIANSEN / SPITZMUELLER (offered in Summer II 2016)
This is a non-law course; all limits and approvals for non-law courses apply.
5397 Promoting Sustainable Oil and Gas Projects: Legal and Social Frameworks - WEAVER/GOLDEN TIMSAR (offered in Spring 2018)
The course will explore in detail different questions and issues with regards to the stakeholders’ roles in the energy development and its relation to legal and social factors. This course provides professionals, policy makers, and community stakeholders with a preliminary understanding of legal and social challenges and opportunities facing energy development. As such, students will learn methodologies to develop and analyze frameworks that address stakeholder priorities and dynamics using best policies and practices. These skills have potential to enlarge participation, improve transparency, and narrow knowledge gaps between energy companies, local and state governments, and civil society.
5397 Public Health Law - WINNIKE (offered in Fall 2017)
This course provides an in-depth examination of public health law principles and challenges. Students will explore constitutional issues related to public health and develop an understanding of the state’s public health powers and duties as they are balanced against an individual's legally protected rights. The course will explore a range of public health law issues, including infectious disease control measures, immunization policy, emergency preparedness and bioterrorism, government regulation of unhealthy products, the state’s role in promoting healthy behaviors, and public health surveillance and privacy issues.
5397 Real Estate Transactions, Practical Drafting - LONG (offered in Spring 2017)
This is a “nuts & bolts” practical course that will consider the basic building blocks of real estate transactions, a survey of a wide range of various common real esate transaction, and related matters. Many of the topics to be covered apply both to commercial and consumer real estate transactions. Some consumer transactions will be considered, but the primary focus will be on commercial transactions. Matters to be covered will include conveyancing documents, recordation statutes, purchase and sale agreements, chain of title, selected oil, gas and mineral issues as they may impact on real estate title and development, title insurance, basic methods of real estate finance, promissory notes, deeds of trust, troubled loan workout issues, foreclosure, leases, ethics and lawyers liability issues in real estate transactions. Course assignments will include the drafting of various documents, including deeds, promissory notes, sales contracts, and selected provisions of deeds of trust, foreclosure documents, and leases.
5397 Real Estate Transactions, Practical Drafting - LONG (offered in Spring 2016)
This is a “nuts & bolts” practical course that will consider the basic building blocks of real estate transactions, a survey of a wide range of various common real esate transaction, and related matters. Many of the topics to be covered apply both to commercial and consumer real estate transactions. Some consumer transactions will be considered, but the primary focus will be on commercial transactions. Matters to be covered will include conveyancing documents, recordation statutes, purchase and sale agreements, chain of title, selected oil, gas and mineral issues as they may impact on real estate title and development, title insurance, basic methods of real estate finance, promissory notes, deeds of trust, troubled loan workout issues, foreclosure, leases, ethics and lawyers liability issues in real estate transactions. Course assignments will include the drafting of various documents, including deeds, promissory notes, sales contracts, and selected provisions of deeds of trust, foreclosure documents, and leases.
7A97 Regulatory Environment and Risks in Energy - FLATT, VICTOR (offered in Spring 2016)
Course Number is: FINA 7A59
Course is 1.5 credit hour.
Course Description:
Energy extraction and utilization is heavily regulated, at both the federal and state levels. Some times (as in “fracturing”) there have been attempts by local government to interact with energy extraction or utilization as well. With renewed attention on climate change, other significant air pollution, and water resources, this regulation has been increasing, and will continue to increase. Therefore, anyone in either the upstream or downstream business of energy or energy law needs to be aware of the impacts of such regulation and economic risks of these current regulations as well as the possibility of future regulation, in order to make effective business allocation decisions. This class explores the known and likely future regulatory risks, especially environmentally related regulations, and examines the likely impacts of such regulation on the energy business.
Readings are mostly posted on blackboard and you are responsible for reading and bringing copy to class for discussion; Additionally, we will discuss your paper topics during each of the last 4 classes. Grade is based on class participation and one writing project, due one week after the final class. The writing project is a minimum 10 page case study or memorandum concerning the economic impact posed by a specific environmental or health based law (or proposed law) or legal regulatory risk (for the law students) to a sector of the energy business. Topics will be selected in one on one meetings with the professor between Jan. 27 and Feb. 5. Law students and MBA students will be graded separately and not included in any grade curve (where applicable).
5297 Representing Energy Borrowers - DOLE/DOLE/KEYES (offered in Spring 2016)
Course Description and Prerequisite
This two-hour course introduces students to the structure and customary documentation of bank credit facilities secured by personal property collateral through the documentation of a hypothetical commercial loan scenario. Both documents from actual transactions and model forms will be utilized. Techniques for maximizing Article 9 rights and avoiding fraudulent transfers will be emphasized. The Texas special loan agreement statute of frauds and Texas usury law will be discussed.
Students will participate in a maximum of four drafting exercises involving such topics as reconciling a draft Credit Agreement and a Term Sheet, drafting a Security Agreement and a Financing Statement implementing a Credit Agreement, drafting a Limited Guaranty implementing a Credit Agreement, and redrafting a Legal Opinion with respect to the enforceability of the hypothetical transaction documents and the perfection of the security interest created by the hypothetical transaction Security Agreement and Financing Statement. SUCCESSFUL COMPLETION OF THIS TWO-HOUR COURSE WILL SATISFY IN FULL THE LAW CENTER SKILLS COURSE REQUIREMENT.
5297 Representing Energy Borrowers - DOLE/DOLE/KEYES (offered in Spring 2017)
Course Description and Prerequisite
This two-hour course introduces students to the structure and customary documentation of bank credit facilities secured by personal property collateral through the documentation of a hypothetical commercial loan scenario. Both documents from actual transactions and model forms will be utilized. Techniques for maximizing Article 9 rights and avoiding fraudulent transfers will be emphasized. The Texas special loan agreement statute of frauds and Texas usury law will be discussed.
Students will participate in a maximum of four drafting exercises involving such topics as reconciling a draft Credit Agreement and a Term Sheet, drafting a Security Agreement and a Financing Statement implementing a Credit Agreement, drafting a Limited Guaranty implementing a Credit Agreement, and redrafting a Legal Opinion with respect to the enforceability of the hypothetical transaction documents and the perfection of the security interest created by the hypothetical transaction Security Agreement and Financing Statement. SUCCESSFUL COMPLETION OF THIS TWO-HOUR COURSE WILL SATISFY IN FULL THE LAW CENTER SKILLS COURSE REQUIREMENT.
5297 Secured Financing - HAWKINS (offered in Spring 2017)
Because lenders are concerned with ensuring debtors repay them, a lot of lending only occurs if the debtor puts up some collateral for the loan. This course examines the law that governs these transactions--the law of secured financing--found in Article 9 of the Uniform Commercial Code. We will discuss how a lender obtains a security interest in a debtor's property, how a lender perfects its interest, and what happens when two lenders claim an interest in the same property. The course is taught using a problem-based approach.
5297 Shale Gas & LNG - SAKMAR (offered in Spring 2016)
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. This semester will be particularly interesting, as we will discuss the role of natural gas and LNG in the current low-oil price environment.
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. Particular focus will be on recent policy and regulatory actions taken with respect to US LNG exports.
5297 Spanish for Lawyers I - ROMERO (offered in Spring 2016)
An introductory level Spanish course designed for students with little or no previous Spanish language knowledge. Speaking, listening, reading, writing, and vocabulary development skills will be practiced within the context of legal professions, especially criminal, family, and immigration law.
5297 Spanish for Lawyers I - ROMERO (offered in Spring 2017)
An introductory level Spanish course designed for students with little or no previous Spanish language knowledge. Speaking, listening, reading, writing, and vocabulary development skills will be practiced within the context of legal professions, especially criminal, family, and immigration law. Special emphasis on oral communication. Student must fill out a short questionnaire in order to assess their current Spanish language level.
5297 Special Education Law - RYNDERS (offered in Fall 2016)
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.
5297 Sports Law - MILLER (offered in Spring 2017)
The course examines a wide range of amateur and professional sports topics, including the athlete/agent relationship, contracts, commissioner powers and league governance, gender discrimination and Title IX, stadium and spectator liabilities, anti-trust, labor and employment issues, intellectual property and licensing, constitutional law, and ethics. Skills focus on contract development, negotiation, dispute resolution and writing.
5497 Street Law - MARRUS/NEELY (offered in Spring 2017)
Law students will teach high school age students about the law including constitutional law, family law, criminal law, housing law, and other areas. Street Law empowers young people to be active, engaged citizens by equipping them with the knowledge and skills they need to successfully participate in their communities. Law students will gain a greater knowledge of substantive law and how to explain the law to lay people, develop their ability for oral presentations both in formal settings and thinking on their feet, improve legal research skills, and gain an understanding of the legal system in the context of those persons directly affected by it.
Students will participate in a weekly seminar class that will provide the resources and tools necessary for teaching the law to high school students and will commit to teach approximately 4 hours a week in a high school or a community organization.
Information sessions will be held on Monday, October 17th at noon in Room TUII – 215, Tuesday, October 18th at noon in Room TUII – 215 and Tuesday, October 18th at 4:30 in Room TUII-211.
For more information on the benefits of this course for law students go to http://www.law.uh.edu/assignments/spring2017/5497StreetLaw.pdf
To fill out an application go to https://uhlc.wufoo.com/forms/street-law-survey/
5497 Street Law - MARRUS (offered in Spring 2016)
Law students will teach high school age students about the law including constitutional law, family law, criminal law, housing law, and other areas. Street Law empowers young people to be active, engaged citizens by equipping them with the knowledge and skills they need to successfully participate in their communities. Law students will gain a greater knowledge of substantive law and how to explain the law to lay people, develop their ability for oral presentations both in formal settings and thinking on their feet, improve legal research skills, and gain an understanding of the legal system in the context of those persons directly affected by it.
Students will participate in a weekly seminar class that will provide the resources and tools necessary for teaching the law to high school students and will commit to teach approximately 4 hours a week in a high school or a community organization.
5497 Street Law II - MARRUS/NEELY (offered in Spring 2018)
Law students will teach high school age students about the law including constitutional law, family law, criminal law, housing law, and other areas. Street Law empowers young people to be active, engaged citizens by equipping them with the knowledge and skills they need to successfully participate in their communities. Law students will gain a greater knowledge of substantive law and how to explain the law to lay people, develop their ability for oral presentations both in formal settings and thinking on their feet, improve legal research skills, and gain an understanding of the legal system in the context of those persons directly affected by it.
Students will participate in a weekly seminar class that will provide the resources and tools necessary for teaching the law to high school students and will commit to teach approximately 4 hours a week in a high school or a community organization.
Information sessions more info to be announced.
5297 Superfund Liability and Brownfields Redevelopment - SHERMAN (offered in Fall 2018)
From surplus property transactions to urban redevelopment efforts, the risks posed by historical contamination at abandoned or underutilized sites can impede community revitalization initiatives and the real estate marketplace at large. This course will address the liability, regulatory, and redevelopment challenges presented by the federal Superfund law (Comprehensive Environmental Response, Compensation, and Liability Act or CERCLA). The course also will explore reforms to the U.S. EPA’s Superfund program that seek to promote the cleanup and redevelopment of brownfield sites and the role of state Voluntary Cleanup Programs.
These topics, for the purposes of course presentation, will be analyzed in four sections: “Superfund Liability and Brownfield Protections”, "Environmental Due Diligence", "Negotiating with Federal and State Regulators" and “Transaction and Revitalization Strategies”. Each course segment will introduce students to a substantive evaluation of the core Superfund issues presented and offer insights into the legal concepts, regulatory programs, deal documents, and remediation approaches available to environmental lawyers and community leaders to manage these challenges.
During the course of the semester, students will be given two short, practical writing assignments related to the subject matter (e.g., preparing comments to a regulatory agency or legislative committee or drafting an advocacy piece relating to a Superfund cleanup or a brownfield project). The final assignment will be the preparation of a client memorandum analyzing the CERCLA issues in a community revitalization initiative or a real estate project and making a recommendation on whether - and if so, how - to proceed with the project notwithstanding the challenges presented. The final project should be approximately 15 – 20 pages. The instructor will work closely with each student on their work. Grades are based on written work during the semester. There is no final examination.
Completion of the course will position students to identify and analyze issues under the federal Superfund law, to evaluate their impact on community revitalization efforts and private sector real estate projects, and to manage the challenges presented. Additionally, students should gain an understanding of the respective roles and goals of government regulators, community leaders, and landowners in Superfund and brownfield efforts.
5397 Tax Policy - BUCKLES (offered in Spring 2016)
Designed (i) to introduce students to recurring themes of tax policy; and (ii) to develop students’ ability to analyze and discuss existing and proposed laws in terms of the tax policies that such laws do and do not serve.
5397 Tax Policy - BUCKLES (offered in Spring 2017)
Designed (i) to introduce students to recurring themes of tax policy; and (ii) to develop students’ ability to analyze and discuss existing and proposed laws in terms of the tax policies that such laws do and do not serve.
5297 Terrorism and the Law - MARTINEZ/HAMDANI (offered in Summer I 2016)
This course will focus on the U.S. Government’s authority and limitations to prevent and prosecute acts of terrorism in the homeland and elsewhere. Special attention will be given to national security policies and laws that affect the individual privacy rights of all citizens. Topics will include the designation of enemy combatants, military tribunals, and detention of suspects at Guantanamo Bay, Cuba. Attention will also be given to the use of secret wiretaps used by the FBI and other federal stakeholders to monitor terrorist activity. Particular attention will be given to limits the courts place on the President and Congress as they attempt to protect the nation from attacks by al Qaeda, ISIS and other foreign terrorist organizations. Guest speakers from the FBI, CIA and DOD will appear in class to discuss the role their agencies play in the war on terror.
*The views expressed by the professors do not necessarily reflect the views of their respective employer – The United States Department of Justice.
5297 Terrorism and the Law - MARTINEZ/HAMDANI (offered in Summer I 2018)
This course will focus on the U.S. Government’s authority and limitations to prevent and prosecute acts of terrorism in the homeland and elsewhere. Special attention will be given to national security policies and laws that affect the individual privacy rights of all citizens. Topics will include the designation of enemy combatants, military tribunals, and detention of suspects at Guantanamo Bay, Cuba. Attention will also be given to the use of secret wiretaps used by the FBI and other federal stakeholders to monitor terrorist activity. Particular attention will be given to limits the courts place on the President and Congress as they attempt to protect the nation from attacks by al Qaeda, ISIS and other foreign terrorist organizations. Guest speakers from the FBI, CIA and DOD will appear in class to discuss the role their agencies play in the war on terror.
*The views expressed by the professors do not necessarily reflect the views of their respective employer – The United States Department of Justice.
5297 Terrorism and the Law - MARTINEZ/HAMDANI (offered in Summer I 2017)
This course will focus on the U.S. Government’s authority and limitations to prevent and prosecute acts of terrorism in the homeland and elsewhere. Special attention will be given to national security policies and laws that affect the individual privacy rights of all citizens. Topics will include the designation of enemy combatants, military tribunals, and detention of suspects at Guantanamo Bay, Cuba. Attention will also be given to the use of secret wiretaps used by the FBI and other federal stakeholders to monitor terrorist activity. Particular attention will be given to limits the courts place on the President and Congress as they attempt to protect the nation from attacks by al Qaeda, ISIS and other foreign terrorist organizations. Guest speakers from the FBI, CIA and DOD will appear in class to discuss the role their agencies play in the war on terror.
*The views expressed by the professors do not necessarily reflect the views of their respective employer – The United States Department of Justice.
5297 Texas Consumer Law - ALDERMAN (offered in Spring 2017)
This course will be a condensed version of the three-hour Texas Consumer Law course, taught in the spring semester. Emphasis will be placed on those areas of law that are examined on the Texas Bar. Numerous old bar questions will be reviewed. Material that will not be covered includes products liability, warranty, and federal debt collection.
5297 Texas Consumer Law - ALDERMAN (offered in Spring 2016)
This course will be a condensed version of the three-hour Texas Consumer Law course, taught in the spring semester. Emphasis will be placed on those areas of law that are examined on the Texas Bar. Numerous old bar questions will be reviewed. Material that will not be covered includes products liability, warranty, and federal debt collection.
5397 Texas Criminal Appellate Procedure - WICOFF (offered in Fall 2016)
This upper-level class will focus on state criminal appellate procedure, with emphasis placed on the Texas Rules of Appellate Procedure and, where applicable to state appellate practice, the Texas Code of Criminal Procedure. The general approach of this course will be twofold: 1) to examine case law interpretation of the procedural rules that govern post-judgment criminal procedure in Texas, from motions for new trial through state post-conviction writs of habeas corpus; and 2) to discuss the most common substantive issues which arise in appellate proceedings in state courts, including claims of ineffective assistance of trial counsel, evidence sufficiency law, appellate review of jury charge error, Brady violations and actual innocence claims.
Throughout this course, practical and strategic aspects of appellate practice will regularly be discussed. In addition to reading assigned cases, students will be required to read an appellate transcript of an appeal that has been handled by the Harris County Public Defender’s Office appellate division, thereby seeing how the subject matter of the course applies, step-by-step, to an actual appeal. The students will also be invited to watch the oral argument that is held in the case. The aim is to provide students with an appropriate mix of theory and practice. So, for example, you will not only learn the rules regarding appeals, but will be provided with an appellate record that illustrates much of what you learn. Additionally, you will not only have that record as an illustration of what is being discussed in class, but you will be taught how to read that record if you were charged with handling the appeal.
5397 Texas Criminal Appellate Procedure - ROE (offered in Fall 2017)
This upper-level class will focus on state criminal appellate procedure, with
emphasis placed on the Texas Rules of Appellate Procedure and, where applicable
to state appellate practice, the Texas Code of Criminal Procedure. The general
approach of this course will be twofold: 1) to examine case law interpretation of
the procedural rules that govern post-judgment criminal procedure in Texas, from
motions for new trial through state post-conviction writs of habeas corpus; and 2)
to discuss the most common substantive issues which arise in appellate
proceedings in state courts, including claims of ineffective assistance of trial
counsel, sufficiency of the evidence, appellate review of jury charge error, Brady
violations and actual innocence claims.
5297 Texas Legislative Advocacy - SMITH,E (offered in Fall 2017)
As an attorney, your clients will look to you for guidance on the law. Many times, the law will be in existence already. But what if you could help shape the law as it is written? What if you need to change the law for your client to find relief? This course will teach you how to engage in the legislative process, to understand the legislative process as well as the players. This course will feature many guest speakers such as State Senators, State Representatives, legislative staff and practicing government affairs attorneys. Every area of law has a corresponding state agency, and oftentimes a federal agency, and it is incumbent upon lawyers to understand the systems in place to establish law and how to advocate within that system. In particular, Texas has many opportunities for lawyers at state agencies and in legislative offices. This course is designed to prepare students for both general practice as well as an introduction to careers in public service.
Course style and workload: The style of this course will be heavy discussion, dynamic class activities and engagement with guest speakers. There will be a short assignment each week along with assigned reading at the appropriate level for a two credit course. One course will be devoted to networking strategy and will involve a reception or dinner based on the student enrollment in the course. No assigned books for the course.
5397 The Art of Advocacy: Trial Persuasion in a Polarized World - LITTLEPAGE/BOOTH (offered in Fall 2017)
Throw out the old and embrace the new: we now have a highly polarized country where a jury with totally divergent views still have to agree on a verdict. Learn from real litigators how to handle a case in this environment; from A to Z. Taught by two practicing lawyers with decades of plaintiff and defense courtroom experience, this class highlights cutting edge techniques for persuasion and trial advocacy. Become comfortable with the art of case assessment, work-up, visual storytelling, case framing, arguing motions before a judge, developing – and defending against - safety rules, examination of witnesses and composing a winning closing argument. Then practice, practice, practice as each week you put into action what you learned the week before. Leave this course with the skills needed to present a case from beginning to end as well as materials and notes that will become your litigation bible.
5397 The Art of Advocacy: Trial Persuasion in a Polarized World - LITTLEPAGE/BOOTH (offered in Spring 2018)
Throw out the old and embrace the new: we now have a highly polarized country where a jury with totally divergent views still have to agree on a verdict. Learn from real litigators how to handle a case in this environment; from A to Z. Taught by two practicing lawyers with decades of plaintiff and defense courtroom experience, this class highlights cutting edge techniques for persuasion and trial advocacy. Become comfortable with the art of case assessment, work-up, visual storytelling, case framing, arguing motions before a judge, developing – and defending against - safety rules, examination of witnesses and composing a winning closing argument. Then practice, practice, practice as each week you put into action what you learned the week before. Leave this course with the skills needed to present a case from beginning to end as well as materials and notes that will become your litigation bible.
5297 The Current Crisis in the Middle East - FOTEH (offered in SummerMini 2018)
This course will provide insight into substantive areas of history, religion, politics (regional and worldwide), longstanding relationships, legal systems, human rights and women’s rights framed by current events in the most volatile and important region in the world.
Since the beginning of civilization, the Middle East has been the hotbed of ongoing conflict. It is to the point where one conflict is almost indistinguishable from another. The current provocation between the Kingdom of Saudi Arabia and the Islamic Republic of Iran could potentially alter the map of the Middle East and have a massive irrevocable impact on the entire world.
This course will begin by examining the issues leading up to the current hostility and continue through the potential outcomes and its potential impact on the world.
This course will be a timely and interesting way to begin to understand the issues involved in this region and how it can impact Houston and the world.
5297 The Current Crisis in the Middle East - FOTEH (offered in SummerMini 2017)
This course will provide insight into substantive areas of history, religion, politics (regional and worldwide), longstanding relationships, legal systems, human rights and women’s rights framed by current events in the most volatile and important region in the world.
Since the beginning of civilization, the Middle East has been the hotbed of ongoing conflict. It is to the point where one conflict is almost indistinguishable from another. The current provocation between the Kingdom of Saudi Arabia and the Islamic Republic of Iran could potentially alter the map of the Middle East and have a massive irrevocable impact on the entire world.
This course will begin by examining the issues leading up to the current hostility and continue through the potential outcomes and its potential impact on the world.
This course will be a timely and interesting way to begin to understand the issues involved in this region and how it can impact Houston and the world.
5297 The Current Crisis in the Middle East: Saudi Arabia vs Iran - FOTEH (offered in SummerMini 2016)
This course will provide insight into substantive areas of history, religion, politics (regional and worldwide), longstanding relationships, legal systems, human rights and women’s rights framed by current events in the most volatile and important region in the world.
Since the beginning of civilization, the Middle East has been the hotbed of ongoing conflict. It is to the point where one conflict is almost indistinguishable from another. The current provocation between the Kingdom of Saudi Arabia and the Islamic Republic of Iran could potentially alter the map of the Middle East and have a massive irrevocable impact on the entire world.
This course will begin by examining the issues leading up to the current hostility and continue through the potential outcomes and its potential impact on the world.
This course will be a timely and interesting way to begin to understand the issues involved in this region and how it can impact Houston and the world.
5397 The Law and Theology - BUCKLES (offered in Fall 2016)
The goals of this course are (i) to introduce students to selected topics in the study of theology that conceptually parallel specific subjects in law and legal philosophy; (ii) to expand students’ understanding of how theological thought can inform legal inquiry, and how legal thought can inform theological inquiry; and (iii) 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.
5397 The Subprime Mortgage Crisis - FAGUNDES (offered in Spring 2016)
The subprime mortgage crisis of 2008 wreaked havoc on the U.S. and international economy, and its effects continue to be felt. This course examines the subprime mortgage crisis as a legal, social, economic, and cultural phenomenon. It will begin by examining the crisis itself, beginning with its various causal precursors and then examining in detail how the mortgage meltdown and its allied effects unfolded. It will then examine the series of legislative and doctrinal responses that Congress and courts implemented in response to the crisis. Throughout, the course will consider blackletter principles of the many areas of law implicated by the crisis, including mortgage formation, foreclosure procedures, fraud, corporate governance, securities regulation, and fiduciary duties. Finally, the course will consider the ongoing legacy of the subprime mortgage crisis in terms of its social and economic impact as well as broader themes including greed, happiness, capitalism, regulation, cognitive biases, and the pursuit of the elusive American dream.
5397 The U.S. Health System: An Introduction to Managed Care, Transactions, and Policy - MANTEL (offered in Spring 2016)
This course provides students with an understanding of how the health care system is currently organized, financed, and regulated, and explores what the health care system of tomorrow may look like. Students are introduced to the major laws and regulations that regulate health care finance and transactions, including the Affordable Care Act (aka “Obamacare"). The first part of the course focuses on health insurance and looks at federal and state regulation of private health insurance, the public insurance programs Medicare and Medicaid, and the new health care exchanges. We then study the business of health care and the laws that impact health care business transactions, including the tax laws governing tax-exempt organizations, the antitrust laws, and the fraud and abuse laws.
5397 The U.S. Health System: An Introduction to Managed Care, Transactions, and Policy - MANTEL (offered in Fall 2016)
This course provides students with an understanding of how the health care system is currently organized, financed, and regulated, and explores what the health care system of tomorrow may look like. Students are introduced to the major laws and regulations that regulate health care finance and transactions, including the Affordable Care Act (aka “Obamacare"). The first part of the course focuses on health insurance and looks at federal and state regulation of private health insurance, the public insurance programs Medicare and Medicaid, and the new health care exchanges. We then study the business of health care and the laws that impact health care business transactions, including the tax laws governing tax-exempt organizations, the antitrust laws, and the fraud and abuse laws.
5297 The Wire - BRALEY (offered in Summer I 2016)
This course explores advanced criminal procedure concepts and policy issues raised by David Simon's critically acclaimed HBO series, “The Wire.” Among the topics explored, will be the use of electronic surveillance in law enforcement and the policy and constitutional implications of its use with and without judicial approval, confessions, profiling, charging and disposition of criminal cases, honesty and accountability of law enforcement, 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 paper that students will be responsible for drafting and submitting at the end of the semester. Before enrolling in this course, please be advised that “The Wire” contains a considerable amount of violence and offensive language, and this course will require you to watch the first two seasons of the show in advance of the first class.
5297 The Wire - BRALEY (offered in Summer I 2017)
This course explores advanced criminal procedure concepts and policy issues raised by David Simon's critically acclaimed HBO series, “The Wire.” Among the topics explored, will be the use of electronic surveillance in law enforcement and the policy and constitutional implications of its use with and without judicial approval, confessions, profiling, charging and disposition of criminal cases, honesty and accountability of law enforcement, 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 paper that students will be responsible for drafting and submitting at the end of the semester. Before enrolling in this course, please be advised that “The Wire” contains a considerable amount of violence and offensive language, and this course will require you to watch the first two seasons of the show in advance of the first class.
5297 The Wire - BRALEY (offered in Summer I 2018)
This course explores advanced criminal procedure concepts and policy issues raised by David Simon's critically acclaimed HBO series, “The Wire.” Among the topics explored, will be the use of electronic surveillance in law enforcement and the policy and constitutional implications of its use with and without judicial approval, confessions, profiling, charging and disposition of criminal cases, honesty and accountability of law enforcement, 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 paper that students will be responsible for drafting and submitting at the end of the semester. Before enrolling in this course, please be advised that “The Wire” contains a considerable amount of violence and offensive language, and this course will require you to watch the first two seasons of the show in advance of the first class.
5297 Trademark Prosecution - HUNT (offered in SummerMini 2018)
This two-hour course provides hands-on training and instruction on the procedure of Trademark prosecution, from pre-application searching and client admonishment through the filing of renewal documents ten years after registration. Particular attention will be paid to the bases for application-filings and common refusals. Class discussion will focus on the law, precedent, and the USPTO’s Trademark Manual of Examining Procedure. The course will also familiarize students with the electronic systems used by the trademark bar for searching databases of current registrations and pending applications, filing electronic applications, and responding to official correspondence issued by the USPTO. Upon completion of this course, students will have the knowledge and understanding required to prosecute a trademark registration for others when licensed to practice law.
5297 Trademark Prosecution - HUNT (offered in SummerMini 2017)
This two-hour course provides hands-on training and instruction on the procedure of Trademark prosecution, from pre-application searching and client admonishment through the filing of renewal documents ten years after registration. Particular attention will be paid to the bases for application-filings and common refusals. Class discussion will focus on the law, precedent, and the USPTO’s Trademark Manual of Examining Procedure. The course will also familiarize students with the electronic systems used by the trademark bar for searching databases of current registrations and pending applications, filing electronic applications, and responding to official correspondence issued by the USPTO. Upon completion of this course, students will have the knowledge and understanding required to prosecute a trademark registration for others when licensed to practice law.
5297 Trademark Prosecution - HUNT (offered in SummerMini 2016)
This two-hour course provides hands-on training and instruction on the procedure of Trademark prosecution, from pre-application searching and client admonishment through the filing of renewal documents ten years after registration. Particular attention will be paid to the bases for application-filings and common refusals. Class discussion will focus on the law, precedent, and the USPTO’s Trademark Manual of Examining Procedure. The course will also familiarize students with the electronic systems used by the trademark bar for searching databases of current registrations and pending applications, filing electronic applications, and responding to official correspondence issued by the USPTO. Upon completion of this course, students will have the knowledge and understanding required to prosecute a trademark registration for others when licensed to practice law.
5397 Transnational Investment Law and Arbitration - CARDENAS (offered in Fall 2016)
The Transnational Investment Law and Arbitration course provides JD candidates and LLM students all the notions and tools necessary for the analysis and performance of complex legal issues related to foreign investment transactions, such as oil and gas, mining, and Transnational construction projects.
During the last 50 years, more than 3000 Bilateral Investment Treaties have been agreed between nations. Also other Multilateral Investment Treaties such as NAFTA and the Energy Charter Treaty, have created a transnational network of sources of law to govern the interdependency relations between States and Transnational Corporations, for the development of local resources and services. This reality has created a specific System of Law to serve a community of investors and States, and has provided a special Jurisdiction for the settlement of disputes through transnational arbitration.
Transnational Investment Law is one of the growing fields of transnational law that is currently undergoing a major evolution and expansion due to the levels of transparency of arbitration decisions. In this practice, the distinction between hard law and soft law has disappeared and new approaches are necessaries to perform the enforcement of these rules.
Further, the amount of transnational investment litigation has increased in the last 15 years creating the framework for new standards and rules applicable for the placement of transnational investments. This evolution is shaping the way to do business in transnational investment projects in the energy, mining and the construction sector.
The course shall be in the interest of students who want to develop a career as In-house Counsels or Law Firm attorneys, involved in transnational investment transactions in sectors such as the construction sector, service sector, oil and gas industry, mining projects and other extractive industries.
5397 Transnational Petroleum Law - CARDENAS (offered in Spring 2016)
This course features the transnational petroleum law method that provides the tools to understand
the regulation that governs foreign investments in the oil and gas industry worldwide.
The course will provide model contracts, standardized regulation and a collection of excerpts of arbitral awards in the oil industry which will guide our understanding of new practices in the oil and gas industry. Cases under study will cover oil and gas arbitration in Latin America, North America, Europe Asia, Africa and the Middle East. For example: cases of international arbitration related to expropriation or indirect expropriation in Russia, Venezuela and Ecuador; the use of industry best practices in Nigeria, Sudan, Mexico and Canada; the protection of foreign investments in the case of armed conflicts (Libya, Sudan and Colombia); repatriation of capital in Venezuela and dispute resolution practice for petroleum investment.
5397 Transnational Petroleum Law - CARDENAS (offered in Spring 2017)
This course features the transnational petroleum law method that provides the tools to understand
the regulation that governs foreign investments in the oil and gas industry worldwide.
The course will provide model contracts, standardized regulation and a collection of excerpts of arbitral awards in the oil industry which will guide our understanding of new practices in the oil and gas industry. Cases under study will cover oil and gas arbitration in Latin America, North America, Europe Asia, Africa and the Middle East. For example: cases of international arbitration related to expropriation or indirect expropriation in Russia, Venezuela and Ecuador; the use of industry best practices in Nigeria, Sudan, Mexico and Canada; the protection of foreign investments in the case of armed conflicts (Libya, Sudan and Colombia); repatriation of capital in Venezuela and dispute resolution practice for petroleum investment.
5397 Trial Advocacy for Non-Litigators - LUKIN/BROWN/WEINMANN (offered in Spring 2017)
Trial Advocacy for Non-Litigators provides students who do not have any trial experience with a chance to gain basic litigation training. This class is ideal for students who plan to pursue a career as a transactional attorney, but want to acquire the knowledge and skills required to try a case. The class is a mirror of the evening trial advocacy class, so students will learn the skills of case analysis, direct examination, cross examination, opening statement, closing argument, and voir dire. The course provides learning by doing and requires skill performance by each student every week. The final examination is a full jury trial performed at the Harris County Courthouse. Evidence is not a requirement for this course. Evidentiary issues relating to the case files will be identified by faculty and discussed in class. Mock trial students or students with previous trial training are not eligible for this class.
5397 Trial Advocacy for Non-Litigators - SOLAR / LUKIN (offered in Spring 2016)
Trial Advocacy for Non-Litigators provides students who do not have any trial experience with a chance to gain basic litigation training. This class is ideal for students interested in transactional law who may encounter litigators in the course of their career. For example, when you draft a contract, you should know what happens next if someone breaches that contract. Or in-house counsel supervising an outside litigation firm should know exactly what that outside litigator does. The class is a mirror of the evening trial advocacy class, so students will learn the skills of direct examination, cross examination, opening statement, closing argument, and voir dire. Evidence is not a requirement for this course. Mock trial students or students with previous trial training are not eligible for this class.
5397 Trial Strategy and Case Management: The Art of Winning at an Unfair Game - SOLAR (offered in Spring 2018)
The primary objective of this course is to arm the prospective solo or small firm lawyers with the strategic and tactical tools necessary for winning against the odds. You will, among other things, learn: what it means to be an entrepreneur; how to develop a business plan; how to promote yourself and your practice ethically; how to interview a prospective client; how to draft an ethical and enforceable contract of employment; whether to keep a case or refer it out; how to recognize and prosecute a winning case. You will learn how David beat Goliath and so that you can, too.
5297 Voir Dire: Art of Convincing Strangers to Speak Freely - RAVEN (offered in Fall 2018)
Voir Dire: Theory & Practice is a course that addresses the art of convincing strangers to speak freely. Students will learn the foundational aspects of voir dire, and they will learn and demonstrate (through in class exercises) the application of these techniques.
7297 WRC: Advanced Legal Writing - MASELLI (offered in Fall 2016)
Course Description: This is an upper level class intended to help students become more proficient, efficient, and effective at researching, analyzing legal issues, and composing and organizing written documents. It will build on concepts learned in both LARC I and LARC II and will help students to refine and further develop problem solving, factual investigation and drafting skills. Assignments will include (1) writing a brief involving a complex legal issue; (2) drafting an opinion letters, attorney-client agreements and other reflective documents, and court documents, such as pleadings and motions; (3) communicating orally in motion hearings and client meetings.
7397 WRC: Banned Books - DOW (offered in Fall 2016)
In Banned Books, we read 6 to 9 books each semester that have been among the most banned books in the US. Selections include novels, poetry and nonfiction. Class discussion focuses on the artistic quality of the text (in the case of fiction and poetry) or the book's central arguments and thesis (in the case of nonfiction). We also discuss the basis for the decision to ban the book. Students must write a short (1000 words or fewer) paper about each book we read.
7397 WRC: Contract Drafting - TOEDT (offered in Spring 2016)
The goal of this course is to help students prepare for a type of assignment they will likely see throughout their careers: that of drafting, reviewing, analyzing, explaining, and negotiating contracts. Students will:
• explore various legal- and business issues that might need to be addressed in various types of contract (see the list below);
• study principles of plain-English drafting for contracts and other legal documents;
• review the etiquette and ethics of contract negotiations;
• survey some legal pitfalls that could lead to jail time for both clients and lawyers, such as backdating contracts, violating antitrust laws, failing to comply with Sarbanes-Oxley Act obligations, paying off foreign officials, etc.
• discuss how to tactfully advise clients (and supervising lawyers) about their options, so as to earn a reputation as a deal-maker, not a deal-breaker;
• compare and contrast the roles of outside- versus in-house counsel in contract negotiations;
• consider ways of positioning the client for future litigation, just in case.
The types of contract to be studied will include some or all of:
• employment agreements for employees and executives
• lease agreements
• distribution agreements
• services agreements
• license agreements
• stock-option agreements
• change-of-control agreements for employees and executives
• arbitration agreements
• settlement agreements
• merger agreements
• letters of intent / memoranda of understanding
A business background is helpful but not required; all necessary business information will be covered in class and/or in reading materials.
7397 WRC: E-Health - SCOTT (offered in Spring 2016)
This course was inadvertently listed as a writing seminar but it is a writing course.
This course will examine regulatory approaches to new technology, including health information technology (HIT), by state legislatures, boards of medicine and pharmacy, and federal agencies including the Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA).
We will address healthcare privacy (including HIPAA-the Health Insurance Portability and Accountability Act), regulation of physicians practicing medicine via the Internet, Internet pharmacies and e-prescribing, electronic health records, personal health records maintained online, and regulation of iPhone apps as “medical devices.” We will also discuss use of social media such as Facebook and Twitter by healthcare providers and the legal and ethical considerations arising from such use.
The Internet is largely unregulated, and reaches across state and international borders. Physicians, pharmacies, pharmacists, and other health care providers have historically been regulated by the states. Perceived abuses by virtual pharmacies and physicians prescribing drugs based on on-line consultations have resulted in state and federal regulatory responses, together with attempts at self-regulation.
Consumers are concerned about the privacy of health information they provide to e-health Web sites for the purpose of getting answers to medical questions, learning about new therapies, or accessing other health-related information. Physicians’ and patients’ use of social networking sites such as Facebook has raised new privacy concerns. Cybermedicine (on-line consultations) also presents newly emerging liability exposures for physicians.
Mobile health devices such as the iPhone have also triggered regulatory responses from the FDA. Physicians are using the iPhone to access patients’ medical records, to electronically prescribe drugs, and order needed medical tests such as lab work. More than 1400 health care apps are available for the iPhone including apps that check medication dosing and allow obstetricians to monitor a baby’s heartbeat remotely. Powerful apps converting iPhones and smartphones into electrocardiographs, electronic stethoscopes and glucose monitors have prompted the FDA to regulate some of the apps as “medical devices” under federal Food, Drug and Cosmetic Act.
Physicians, hospitals, insurers and other stakeholders in health care are already asking e-health questions. Should a physician communicate via e-mail with her patients? The Patient Protection and Affordable Care Act of 2010 (federal health reform law) includes provisions that encourage physicians and hospitals to deploy electronic health records (EHR). How can a hospital comply with federal law when it moves to electronic health records? Join us to learn the answer to these and other cutting-edge legal issues.
This course will have three short papers rather than one long paper, in accordance with the alternative revised Upper Level Writing Requirement for a “Writing Course.”
The requirements state in part: “Students in a Writing Course must complete several kinds of practical writing assignments. Assignments must be no more than 2,500 words each, when feasible. Instructors have discretion over the kind and number of assignments students complete; however, students must complete at least 5,000 words of writing over the course of the semester.”
In this course, students will complete three assignments. The first assignment will be a client letter reviewing and analyzing a proposed or recently enacted statute or a proposed or enacted regulation. For example, in 2013, new regulations and guidance addressed prescription refill reminders under the Health Insurance Portability and Accountability Act (HIPAA), i.e., when such reminders constitute “marketing” and require an “authorization” from the patient. . Students could be asked to explain the regulations to clients.
The second assignment is also a client letter, but will require students to answer a specific legal question or questions posed by the professor related to the class.
The final assignment is mini-thesis on a subject chosen by the student (related to the course). It should be similar to a bar journal type article. The final assignment will be due during finals, after the course is finished, but a draft will be due earlier, during the course.
For each of the assignments, students must submit a draft. I will provide detailed comments on the drafts which I will expect you to incorporate into the final versions of the papers. Each of these assignments should be a minimum of 2000 words each not including footnotes (About 8 pages double spaced). The total of all assignments must total 5000 words to meet the Upper Level Writing Requirement.
Revised 11/16/2015
7397 WRC: Federal Pretrial Drafting - BREM (offered in Spring 2016)
Federal Pretrial Drafting is an upper level writing class designed to prepare students for “real world” litigation practice after law school. In the context of a single federal court case, students will draft basic pleadings, some minimal discovery documents, a short motion for summary judgment and accompanying response, and a mediation statement. Lectures will cover requirements for these documents under the Federal Rules of Civil Procedure, but also enable students to refine their factual investigation, legal analysis and drafting skills. Students will receive ample feedback and opportunities to rewrite certain assignments to further hone these essential practice tools.
Grading. The motion for summary judgment and response, along with associated rewrites, will comprise 50% of your final grade. Discovery documents and any associated rewrites will comprise 20% of your final grade. Your remaining grade will be apportioned at 10% each among the following assignments: the complaint; the answer; and the mediation statement.
I will not be assigning any textbooks for the class.
7397 WRC: Federal Pretrial Drafting - BREM (offered in Spring 2017)
Federal Pretrial Drafting is an upper level writing class designed to prepare students for “real world” litigation practice after law school. In the context of a single federal court case, students will draft basic pleadings, some minimal discovery documents, a short motion for summary judgment and accompanying response, and a mediation statement. Lectures will cover requirements for these documents under the Federal Rules of Civil Procedure, but also enable students to refine their factual investigation, legal analysis and drafting skills. Students will receive ample feedback and opportunities to rewrite certain assignments to further hone these essential practice tools.
Grading. The motion for summary judgment and response, along with associated rewrites, will comprise 50% of your final grade. Discovery documents and any associated rewrites will comprise 20% of your final grade. Your remaining grade will be apportioned at 10% each among the following assignments: the complaint; the answer; and the mediation statement.
7397 WRC: General Drafting for Smaller to Midsize Firm Attorneys ( Distance Learning) - SWIFT (offered in Summer I 2018)
In this course you will develop skills necessary for drafting precise, clear, and complete documents. You will be exposed to drafting litigation documents, contracts, and other legal documents covering a wide-range of practice areas, similar to what some small to mid-size attorneys do, particularly early on in their careers. You will learn to research, evaluate, and use forms and checklists.
7397 WRC: General Drafting for Smaller to Midsize Firm Attorneys ( Distance Learning) - SWIFT (offered in Summer I 2017)
In this course you will develop skills necessary for drafting precise, clear, and complete documents. You will be exposed to drafting litigation documents, contracts, and other legal documents covering a wide-range of practice areas, similar to what some small to mid-size attorneys do, particularly early on in their careers. You will learn to research, evaluate, and use forms and checklists.
7397 WRC: Health Regulatory Process - MANTEL (offered in Spring 2017)
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 U.S. Department of Health and Human Services officials and health care advocates.
7397 WRC: Health Regulatory Process - MANTEL (offered in Spring 2016)
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 U.S. Department of Health and Human Services officials and health care advocates.
7397 WRC: Health Transactions - MANTEL/McSTAY/SHEA (offered in Spring 2018)
In this advanced health law course students learn and apply substantive laws and lawyering skills to model health care transactions. Working in teams of associates under the supervision of the professors, including practicing health care attorneys, students will engage in health care contract drafting, client interviews, negotiations, due diligence, and regulatory analysis. The model health care transactions are based on deals commonly entered into by hospitals and health systems, including hospital-physician employment agreements, health care joint ventures, and acquisitions.
7297 WRC: Judicial Writing - BREVORKA (offered in Fall 2018)
For whom do judges write? How do judges develop a writing style? What does it take to write a “good” judicial opinion? By reading judicial opinions and writing their own judicial decisions students will examine the inner workings of judicial writing. In this class students will improve their own writing while simultaneously learning about the different styles of judicial opinion writing. The class is ideal for individuals who seek service as a judicial law clerk or as a judge. Initially, the course will focus on how students can set writing goals and continue motivating themselves during the writing and editing process. Students will learn about the importance of accuracy and detail in judicial opinions before exploring different styles of judicial writing. The course’s syllabus includes articles on judicial writing and style, numerous judicial opinions, and books centered on writing and the development of writer’s grit. Classes will include discussion and analysis about readings, critiques of judicial opinions and classmates’ works, student presentations on the “writing style” of a judge, and guest speakers such as former clerks and judges. Outside of the classroom, students will develop a writing portfolio that includes a working checklist for error-proof opinions, a program for development as a writer, a bench brief, and a federal district court opinion.
7297 WRC: Judicial Writing - BREVORKA (offered in Spring 2017)
For whom do judges write? How do judges develop a writing style? What does it take to write a “good” judicial opinion? By reading judicial opinions and writing their own judicial decisions students will examine the inner workings of judicial writing. In this class students will improve their own writing while simultaneously learning about the different styles of judicial opinion writing. The class is ideal for individuals who seek service as a judicial law clerk or as a judge. Initially, the course will focus on how students can set writing goals and continue motivating themselves during the writing and editing process. Students will learn about the importance of accuracy and detail in judicial opinions before exploring different styles of judicial writing. The course’s syllabus includes articles on judicial writing and style, numerous judicial opinions, and books centered on writing and the development of writer’s grit. Classes will include discussion and analysis about readings, critiques of judicial opinions and classmates’ works, student presentations on the “writing style” of a judge, and guest speakers such as former clerks and judges. Outside of the classroom, students will develop a writing portfolio that includes a working checklist for error-proof opinions, a program for development as a writer, a bench brief, and a federal district court opinion.
5397 WRC: Law and Religion - BROWN (offered in Fall 2016)
The religion clauses of the First Amendment reflects a particular concern for “religion,” but the meaning of religion, its legal treatment, and the limits of religious expression have been fiercely debated. This course explores those debates through the doctrinal, historical, and theoretical dimensions of the First Amendment, paying particular attention to the case law that has developed around these clauses. We will also briefly study the two major judicial philosophical approaches to constitutional interpretation and discuss those interpretations in various cases throughout the semester. Finally, we will review the protections for religion in the workplace provided by Title VII, the Civil Rights Act of 1964.
In addition to reviewing the major decisions by the United States Supreme Court on the free exercise and establishment clause, this course provides the historical background for the development of the separation of church and state. Law and religion is designed to teach students to think in sophisticated ways about religious liberty and the interaction of religion and politics and the historical foundation to the religion clauses.
7397 WRC: Making and Drafting Contracts - LINZER (offered in Spring 2016)
The most important function a contract lawyer has is to make any legitimate desires of the client work, to achieve results. This course, which satisfies the upper-class writing requirement, will focus both on drafting skills and on other aspects of how lawyers help their clients to make contracts. This includes how to find out just what the client wants; how to learn the details of his business and the law that will govern the transaction; and the ethics of contract practice. We will begin with short sub-courses in drafting and negotiating, but the bulk of the course will be hands-on writing, detailed comments by the instructor and revisions by the student, with extensive feedback from the professor throughout the semester.
7397 WRC: Making and Drafting Contracts - TOEDT (offered in Spring 2017)
The goal of this course is to help students prepare for a type of assignment they will likely see throughout their careers: that of drafting, reviewing, analyzing, explaining, and negotiating contracts. Students will:
• explore various legal- and business issues that might need to be addressed in various types of contract (see the list below);
• study principles of plain-English drafting for contracts and other legal documents;
• review the etiquette and ethics of contract negotiations;
• survey some legal pitfalls that could lead to jail time for both clients and lawyers, such as backdating contracts, violating antitrust laws, failing to comply with Sarbanes-Oxley Act obligations, paying off foreign officials, etc.
• discuss how to tactfully advise clients (and supervising lawyers) about their options, so as to earn a reputation as a deal-maker, not a deal-breaker;
• compare and contrast the roles of outside- versus in-house counsel in contract negotiations;
• consider ways of positioning the client for future litigation, just in case.
The types of contract to be studied will include some or all of:
• employment agreements for employees and executives
• lease agreements
• distribution agreements
• services agreements
• license agreements
• stock-option agreements
• change-of-control agreements for employees and executives
• arbitration agreements
• settlement agreements
• merger agreements
• letters of intent / memoranda of understanding
A business background is helpful but not required; all necessary business information will be covered in class and/or in reading materials.
7397 WRC: Making and Drafting Contracts - LINZER (offered in Fall 2016)
The most important function a contract lawyer has is to make any legitimate desires of the client work, to achieve results. This course, which satisfies the upper-class writing requirement, will focus both on drafting skills and on other aspects of how lawyers help their clients to make contracts. This includes how to find out just what the client wants; how to learn the details of his business and the law that will govern the transaction; and the ethics of contract practice. We will begin with short sub-courses in drafting and negotiating, but the bulk of the course will be hands-on writing, detailed comments by the instructor and revisions by the student, with extensive feedback from the professor throughout the semester.
7397 WRC: Practice-based Legal Writing - TABOR (offered in Spring 2016)
Course name: Practice-based Legal Writing
Course credit and size: Three credit hours; maximum 12 students
Course description: Students will have varied opportunities to write and receive feedback on their writing in transactional and litigation contexts. Writing assignments may include short articles, letters (e.g., demand, opposing counsel, client, court), objective analyses, pleadings, motions, private rule-making documents: policies/procedures (e.g., promotion, protection of individual rights, discipline), and contracts or contract excerpts. Each student will complete three to five practical writing assignments, with total production of at least twenty-one pages, based on an average of 250-300 words per double-spaced page. Some assignments may require research. Each assignment will require the student to submit a first draft, which will be returned with written feedback, and a final version that is rewritten to incorporate the draft feedback. In addition to any conference scheduled for document feedback or review, each student will be offered opportunities to meet in conference with the professor for individualized assessment of the student’s writing. No text is required.
7397 WRC: Practice-based Legal Writing - TILTON-McCARTHY (offered in Spring 2016)
Course Outline: Lawyering Skills and Strategies II will focus on legal writing in litigation and transactional contexts and the skills and strategic planning lawyers must possess to succeed within actual lawyering experiences. 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 litigation and transactional issues that students will work through to develop lawyering skills and problem-solving strategies. Students at times will be assigned to represent opposing sides of the problem.
7397 WRC: Supreme Court Term - DOW (offered in Spring 2016)
Supreme Court Term covers between 12 and 20 cases from the Supreme Court's most recent term. The spring 2016 course will therefore cover cases from the October 2014 Term. Cases will not be announced until the first day of class. The objectives of the class are to gain basic familiarity with a diverse range of subject matter of current interest or importance to the Supreme Court, and to examine judicial opinions deeply and critically. The course will be divided into two groups of cases, and students will be required to write one paper for each group. Each paper will deal with a single case on the syllabus, and must satisfy two objectives: first, it must situate the decision in the legal landscape of which it is a part; second, it must explain in careful detail either the principal strength or principal weakness of any of the case's major opinions. Papers will be assessed based on their analytical content and quality of writing.
7397 WRC: Writing for Criminal Defense - MASELLI (offered in Spring 2016)
This is an upper level class intended to help students become more proficient, efficient, and effective at researching, analyzing legal issues, and composing and organizing written documents in criminal cases.
It will build on concepts learned in your first year writing class and will help students to refine and further develop problem solving, factual investigation and drafting skills.
7397 WRC: Written Advocacy - HOFFMANL (offered in Spring 2017)
This three-credit course satisfies the law school’s Upper Level Writing Requirement. It is designed to help students gain a sharper understanding of their writing tendencies and develop better writing skills and habits. It is especially suited for those who expect to have a civil litigation practice. Over the semester, we will work on several short writing assignments. Students will prepare multiple drafts of each assignment and receive feedback from the professor on each draft. There is no final exam.
7297 WRC:Advanced Legal Writing - MASELLI (offered in Fall 2017)
Course Description: Writing for Criminal Defense is an upper level class intended to help students become more proficient, efficient, and effective at researching and analyzing criminal law issues, and composing and organizing written documents. It will build on concepts learned in first year and will help students to refine and further develop problem solving, factual investigation and drafting skills. Assignments will include (1) writing a brief involving a complex legal issue; (2) drafting motions and other related documents, such as objections and memorandum; (3) communicating orally in motion hearings and client meetings.
Assignments:
There will be three graded writing assignments throughout the semester. The final brief will account for 50% of your grade. The other writing assignments will each account for 25% of your final grade. There will be ungraded writing assignments, as well.
7297 WRC:Advanced Legal Writing - MASELLI (offered in Fall 2017)
Course Description: Writing for Criminal Defense is an upper level class intended to help students become more proficient, efficient, and effective at researching and analyzing criminal law issues, and composing and organizing written documents. It will build on concepts learned in first year and will help students to refine and further develop problem solving, factual investigation and drafting skills. Assignments will include (1) writing a brief involving a complex legal issue; (2) drafting motions and other related documents, such as objections and memorandum; (3) communicating orally in motion hearings and client meetings.
Assignments:
There will be three graded writing assignments throughout the semester. The final brief will account for 50% of your grade. The other writing assignments will each account for 25% of your final grade. There will be ungraded writing assignments, as well.
7297 WRS: Advanced Topics in Family Law - OLDHAM (offered in Spring 2016)
Advanced Topics in Family Law - Current Issues in Adoption and Assisted Reproduction is a seminar whose main focus is to allow students to complete a research paper relating to family law. The paper, which will satisfy the UH Law writing requirement, needs to be 35 pages long. After submitting a detailed outline, one draft will need to be submitted before the final version.
7397 WRS: Advanced Topics in Intellectual Property - VETTER (offered in Spring 2016)
A seminar course to study the process of writing a large work and to study advanced topics in intellectual property or information law, typically within trade secrets, patents, trademark, copyright, or information law topics such as privacy, data security, licensing, cyberlaw or internet law. The study is through authorship of a seminar paper that meets the Law Center's upper level writing requirement.
Topics should be chosen and approved during the break between the Fall and Spring semesters, so that the mainline research can be done during the break. The paper will be due in four finished, graded parts: approximately one month, two months, and three months into the semester; and the last submittal of the final paper, due at the beginning of the spring exam period. More details about grading structure and class meetings are available at the course web page.
7397 WRS: Advanced Torts - DUNCAN (offered in Fall 2016)
This seminar provides an opportunity for further exploration of tort law, beyond that of the typical first year torts course.
7297 WRS: Animal Law - MORATH (offered in Spring 2017)
Animal Law is one of the fastest growing fields of legal practice and may involve issues of constitutional law, administrative law, environmental law, family law, and estates and trusts. In this class, we will address a broad range of topics including: the historical status of animals in the law; state legislative efforts and citizen initiatives to strengthen animal protection laws; the application of federal laws, including the Endangered Species Act and the Animal Welfare Act, to captive animals, wildlife, and farm animals; animal-related torts; constitutional standing to sue on behalf of animals; companion animals and the law; and the movement to obtain legal recognition of the rights of animals. All perspectives will be considered in class discussion and assignments. The class will include a guest speaker and a field trip. Students will be assessed through a combination of classroom participation, written reflections, and a final paper.
7297 WRS: Animal Law - MORATH (offered in Spring 2018)
Animal Law is one of the fastest growing fields of legal practice and may involve issues of constitutional law, administrative law, environmental law, family law, and estates and trusts. In this class, we will address a broad range of topics including: the historical status of animals in the law; state legislative efforts and citizen initiatives to strengthen animal protection laws; the application of federal laws, including the Endangered Species Act and the Animal Welfare Act, to captive animals, wildlife, and farm animals; animal-related torts; constitutional standing to sue on behalf of animals; companion animals and the law; and the movement to obtain legal recognition of the rights of animals. All perspectives will be considered in class discussion and assignments. The class will include a guest speaker and a field trip. Students will be assessed through a combination of classroom participation, written reflections, and a final paper.
7397 WRS: Early American Legal History - PALMER (offered in Spring 2016)
Survey of American Legal and Constitutional History, primarily from 1776 to 1940, with an emphasis on rights, federalism (both state and federal constitutional law), and constitutional ideas embedded in the common law.
7397 WRS: Gender, Power, Law & Leadership - KNAKE (offered in Fall 2018)
This seminar is inspired by the glaring omission of women from positions of power and leadership in the legal profession and beyond. While women continue to enter law school and the legal profession in relatively equal numbers to men, they remain outside of the structures of power---in the judiciary, law firms, the corporate world and even legal education---in the United States and beyond. This reality is even worse for women of color. Researchers, scholars, and practitioners commit a great deal of time, energy and resources to trying to change the landscape, yet progress seems stalled. Interestingly, very little attention is paid to the site where it all begins: law school. In this way, it makes sense to devote attention in an academic context to this topic. This seminar exposes students to various theories of leadership and law (including feminist legal theory and critical race theory) and pursues an ongoing exploration of intersections of gender, race, power and law. As but a few examples, we will define the leadership landscape, identify (and consider solutions to overcome) barriers and obstacles to advancement, and address the question whether gender and race matter, using the judiciary and judicial decision making as a case study. In recognition of the power of narrative and storytelling, students select and read a biography about a transformative lawyer during the semester. Students must write a substantial research paper, and will receive guidance about how to potentially publish their research as an op-ed, trade publication essay, or scholarly article.
7397 WRS: Hot Topics in Health Policy - CHANDLER (offered in Fall 2017)
This writing seminar will examine immediate issues in health care finance, whatever they have emerged to as of Fall 2017. These are likely to include the Affordable Care Act, or whatever it has morphed into, and issues of Medicare finance, Medicaid finance, provider compensation systems, state healthcare reforms, and treatment of disabilities. Papers will be based not just on scholarly literature but on events of the day, including contemporary legislative and regulatory developments. The course will not address hot issues in bioethics.
7397 WRS: Human Rights - PAUST (offered in Spring 2016)
Seminar description:
Human Rights Seminar (Prof. Paust) (3 units)
The seminar will address the nature, sources and types of human rights; past forms of and possibilities for domestic incorporation and litigation of human rights law and the primacy of international or domestic laws in case of conflict. Attention will also be paid to international and domestic arrangements designed to promote better implementation of human rights. Particular attention will be paid to the major international human rights instruments and to issues concerning inhumane treatment and forced disappearance of individuals. A paper is required.
7397 WRS: Law and Social Science - KWOK (offered in Spring 2017)
This course focuses on the role of the social sciences within the legal system. We will look at the impact of social science research and evidence in a variety of contexts, including trademark, damages, school segregation, and tort liability. For example, how should courts use survey evidence in determining whether trademarks cause confusion in the marketplace? The social sciences include the disciplines of psychology, economics, sociology, and anthropology. Students should expect to gain sufficient scientific literacy to critically read and apply social science research.
7397 WRS: Modern SCOTUS Justices - JOYCE (offered in Spring 2018)
7397 WRS: Modern SCOTUS/Justice O'Connor - JOYCE (offered in Fall 2018)
In 1981, the first woman ever was appointed to the Supreme Court of the United States. Much has changed since then, including the personnel of the Court. This seminar allows students to explore both the jurisprudence of the changing Court and the viewpoints of its leading personalities over the past half century. Special attention will be devoted to Justice Sandra Day O'Connor's legacy in American legal history, but students will be able to write papers about her jurisprudence and the jurisprudence of any of the 18 Justices (Ginsburg, Scalia, Kennedy et al.) with whom she served or who have succeeded her.
7397 WRS: ObamaCare - CHANDLER (offered in Spring 2016)
This seminar will address the Affordable Care Act. Areas to be studied include the main provisions of Title I of the ACA, including establishment of Exchanges, underwriting restrictions, the individual mandate, the employer mandate, subsidization of insurers (the “3Rs”), regulation of large group health plans, and regulation of small group plans. Medicare reforms and the expansion of Medicaid will also be studied along with a brief look at treatment of immigrants, reform of the Indian Health Service and a repealed section of the ACA that addressed long term care insurance. We will study the content of the law, its implementation and the separation of powers, administration law, and federalism issues raised thereby. We will also spend some time looking at regulation of health insurance prior to the ACA, performance of the ACA in achieving its goals, and potential reforms advocated by various critics ranging from those who want to “repeal and replace” to those who want a socialized medical system. Students will have the opportunity to write on topics of their choice relating to Obamacare.
7297 WRS: Origins of the Federal Constitution - ESKRIDGE (offered in Spring 2017)
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.
7297 WRS: Origins of the Federal Constitution - ESKRIDGE (offered in Fall 2018)
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.
7397 WRS: Securities Regulation - BRITTON (offered in Spring 2016)
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 "blue sky" 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 WRS: Shameful/Ignored Supreme Court Cases - CHANDLER (offered in Fall 2018)
This writing seminar will examine the so-called anti-canon, the constitutional law cases that most people regard as horrible errors. Obvious candidates include Dred Scott v. Sanford, Lochner v. New York, Buck v. Bell, Korematsu v. United States, and others. It will also study Constitutional law cases of considerable importance but that are usually outside the mainstream of first year constitutional law classes (the sub-canon). Cases involving treatment of Native Americans, territories and immigrants will feature prominently here. With respect to the anti-canon, our study and student papers will focus on not only what, if anything, is wrong with at least some of these decisions, but also how and why the decisions went “awry," be it excessive politicization of the court, undue influence by outside forces, cognitive failings on the part of the justices, poor advocacy, a proclivity to decide extraneous issues, unfortunate decisions by the drafters of the Constitution, or other factors. It will, in some sense, be like an FAA examination of an airplane crash, looking for both immediate and systematic causes of a disaster. We will also explore what other cases might, at some future time, be added to the anti-canon. With respect to the sub-canon, we will explore the content of these cases and the reasons, good or bad, why they might fly beneath the radar. Students will be expected to read opinions, historical materials and subsequent writings concerning cases in the anti-canon and sub-canon.
7397 WRS: The Modern Corporation and Society - NELSON (offered in Spring 2017)
This course will consider the role of modern business corporations in society. Should corporations be run exclusively in the interests of shareholders? How should boards of directors manage the claims of various groups affected by corporations? By what standards should we judge executive compensation? Should corporations be entitled to claim various constitutional rights, including freedoms of speech, association, and religion? After surveying foundational work in corporate theory, we will address these questions through a close reading of materials in law, economics, political theory, and business ethics.
7397 WRS: The Modern Corporation and Society - NELSON (offered in Fall 2016)
This course will consider the role of modern business corporations in society. Should corporations be run exclusively in the interests of shareholders? How should boards of directors manage the claims of various groups affected by corporations? By what standards should we judge executive compensation? Should corporations be entitled to claim various constitutional rights, including freedoms of speech, association, and religion? After surveying foundational work in corporate theory, we will address these questions through a close reading of materials in law, economics, political theory, and business ethics.
7397 WRS:The Modern Corporation and Society - NELSON (offered in Spring 2016)
This course will consider the role of modern business corporations in society. Should corporations be run exclusively in the interests of shareholders? How should boards of directors manage the claims of various groups affected by corporations? By what standards should we judge executive compensation? Should corporations be entitled to claim various constitutional rights, including freedoms of speech, association, and religion? After surveying foundational work in corporate theory, we will address these questions through a close reading of materials in law, economics, political theory, and business ethics.
