Second and Third Year Curriculum

First year courses are prerequisites for all of the following courses that have been recently offered to second- and third-year students. Additional prerequisites and recommendations are included for some of the courses. The courses are listed here in alphabetical order. Please note that not all courses and seminars are offered every year. Also, many courses can be offered for 2 or 3 credits, even if not explicitly indicated here. The requirements for graduation are set forth in the Student Handbook.

Academic Calendar

Administrative Law

( 3 credits)
This course explores problems raised by the functioning of administrative tribunals in governmental rule-making, adjudication, investigation, and enforcement. There is a special emphasis upon procedure and the relationship between administrative agencies and the judicial system.

Admiralty Law

( 3 credits)
This course deals with both jurisdictional issues (in contract and tort, as well as state v. federal questions) and substantive maritime law. Topics covered include maritime liens, carriage of goods, salvage, collisions at sea, and the law of maritime accidents.

Advanced Constitutional Law: Speech, Press, and Association

( 3 credits)
The focus of this course is the history and doctrine of the First Amendment, excluding the religion clauses. Topics include the history and philosophy of the free speech clause; regulations of political speech; overbreadth, vagueness, and prior restraint doctrines; content-based restrictions on such speech as false statements of fact, group defamation, commercial speech, offensive speech, fighting words, and obscene speech; time, place, and manner restrictions on speech; symbolic speech; the right not to speak; the right of association; and freedom of the press.

Advanced Criminal Law

( 2 credits)
Prerequisites: first-year Criminal Law and Constitutional Criminal Procedure. This course addresses the defense of complex criminal law cases in federal courts. Topics covered include: grand jury practice, bail and preventive detention, discovery, suppression motions and trial techniques such as cross-examination and closing arguments.

Advanced Legal Research

( 2 credits)
This course includes a basic bibliographic review of fundamental primary and secondary federal, state and local sources, with an emphasis on Texas state and local legal materials. Also included is an introduction to international law as integrated into US domestic law under well accepted constitutional principles. Students are also expected to complete a Apathfinder,@ a detailed research strategy for general and specialized sources in a subject area of law.

Avoiding Ethical Complaints I (1 credit)

We will establish processes for client intake and drafting of acceptance/rejection letters, create a "conflicts" file in order to avoid representing or advising potential clients whose interests conflict with existing or prior clients, and examine the establishment and maintenance of trust account records. Grades will be based upon written assignments

Avoiding Ethical Complaints II (1 credit)

No pre-requisites. We will create a "tickler" system for case management, determine how to maintain client confidences in the storage and transmission of electronic data, and discuss implementation of personnel manuals and supervisory matters. Grades will be based upon written assignments

Alternative Dispute Resolution

( 2 credits)
This course seeks to identify, explore, and appreciate the various processes society has developed to resolve and manage conflicts; to understand the role of lawyers in these processes; and to acquire skills useful for those taking part in dispute resolution. The processes covered include the traditional extra-judicial devices of negotiation, mediation, and arbitration, as well as more recent innovations utilized by or with the cooperation of the courts themselves, such as moderated settlement conferences, summary jury trials, and mini-trials.

American Indian Law

(2 or 3 credits)
This course provides an overview of the establishment, development and current status of the unique laws wich apply to Indian peoples. These laws include those imposed by the Federal government, tribal governments, and in rare cases state governments.

American Legal History

( 3 credits)
This course traces the changes in American law from the colonial era to the 1970's, and includes an examination of the historical development of the Supreme Court, the law of slavery, and the rise of the administrative state. Also explored are the history and evolution of contract, tort, and property doctrine; the history of the legal profession and legal education in America; and the transformation of American legal thought, including explanation and critique of formalism, realism, reasoned elaboration, law and economics, critical legal studies, and feminist legal thought.

American Legal System, Introduction to the

( 2, 3, or 4 credits)
This course introduces foreign LL.M. students to the key features of the American Legal System.

Arbitration

( 3 credits)
This course examines the theory and application of arbitration in the resolution of public and private disputes, in both the international and domestic settings. Role plays will be utilized, and issues of ethics, policy and law will be explored.

Bankruptcy I: Creditors' Rights and Consumer Bankruptcy

( 3 credits)
( Prerequisite: Secured Transactions or Mortgages and Real Estate Financing) This course provides an overview of rights, remedies, and procedures available to debtors and creditors under common-law and Texas statutes. The course engages students in an introductory study of the Bankruptcy Code, including consideration of the liquidation and distribution of a debtor's estate under Chapter 7 and Chapter 13. It is desirable but not required for the student to have taken Secured Transactions: UCC Article 9. No prerequisite when the course is taught by Associate Dean Rey Valencia.

Bar Preparation Class

( 2 credits)
The Bar Skills Preparation Class familiarizes students with the components of the Texas Bar Exam, instructs them in study and test-taking techniques, and introduces them to ways that they can start preparing early for the Exam. The course is offered for two hours of pass/fail credit.
The Fall component of the course is targeted towards students taking the February Bar Exam and serves roughly 20 students who register on a first-come, first-served basis. The Spring course is targeted toward students who are taking the July Exam but who have been identified by virtue of their standing in the class as being most at risk of failing that Exam. As a result, for the Spring course, the administration will automatically enroll a bottom percentage of students who have earned at least 60 hours; a student may only withdraw from the class with the permission of the Associate Dean for Academic and Student Affairs or that person’s delegate. A student who does not complete the class or obtain permission to withdraw from the class will not graduate until this omission is resolved.

Business Associations

( 3, 4, or 5 credits)
This survey course studies issues relating to the selection of an appropriate business form (partnership, limited partnership, or corporation), as well as to the formation, financing, operation, and control of business associations. The course examines issues that can arise in associations of any size and character, and the topics considered include duties and potential liabilities of owners and managers, problems in the issuance of shares of stock and other securities, proxy regulation, insider trading, derivative litigation, and the role of corporations in society. Students may choose the standard four-credit hour Business Associations course, the five-credit hour Business Associations I and II courses, or the three-credit hour Business Associations I course. The five-credit hour Business Associations I and II courses will cover in depth material covered in the standard four-hour Business Associations course.

Church and State

(3 credits)
This course will assess the history of religious liberty in the United States, from the colonial era to the present, discuss the general development of the interpretation of the Free Exercise and Establishment Clauses of the First Amendment, and evaluate religious liberty in a number of specific contexts, including the classroom, the employment context, and in the courtroom. The course will also look at issues of the law of church property, the possible conflict between claims made by the state and conflicting views of religious morality, autonomy from the state for religious reasons, and the difficulty of defining religion.

Civil Restitution in Texas

( 3 credits)
Restitution refers to one of the three major areas of judicially created causes of action. The other two are torts and contracts. In a narrow sense, restitution denotes the special remedies available in this area of law, and unjust enrichment is the label for the cause of action that makes one liable for restitution. The unjust retention of one party’s property by another provides the factual base for a suit seeking restitution – that is, return of that property to its proper owner. In Texas, a plaintiff can assert a cause of action to prevent the defendant's unjust enrichment, and can plead that as an alternative to a tort or contract cause of action. A plaintiff can also assert an unjust-enrichment cause when the defendant did not wrongfully obtain the benefit. In other words, the plaintiff can recover even if the benefit was transferred because of a mistake that would not support either a tort or contract claim.

Civil Justice Clinic

( fall/spring, 8 credits; summer, 3 credits) ( generally limited to third-year students)
The Civil Justice Clinic is designed to introduce students to the actual practice of law, and to the skills and responsibilities of lawyering, through the supervised representation of low-income clients in civil cases. Students interview and counsel clients, interact with opposing counsel and administrative agencies, draft legal documents, investigate facts to obtain and organize evidence, and try actual cases. The Clinic's caseload consists of cases in the following subject areas: simple and complex divorce; domestic violence, protective orders; child custody, visitation, and foster care; social security administrative hearings and federal court appeals; housing; probate; wills; real estate transfers, consumer protection, and landlord-tenant disputes. The Clinic handles trial and appellate litigation in state and federal courts.

Civil Rights

( 3 credits)
The Civil Rights course offers students an in-depth exposure to the constitutional and statutory issues that arise as a resultof state and private interference with the rights of persons. Topics covered may include discrimination in education,voting, employment and housing; emphasis will be placed on how the rules have evolved, societal factors influencing thatevolution, and the effects of the law on our society.

Commercial Paper

( 3 credits)(online course approved)
One of the Uniform Commercial Code (UCC) courses, Commercial Paper is the study of written instruments which represent money, such as promissory notes (representing promises to pay) and drafts (e.g., checks, representing orders to pay). Topics covered include requirements for negotiability and the manner of negotiation; holder in due course, the bona fide purchaser of commercial paper; liability that may arise with commercial paper, based on contract, warranty, and conversion; checking accounts; the bank collection process; and rights and liabilities of various parties when commercial paper contains forgeries or alterations.

Community Property

( 3 credits)
Community Property deals with the effect of marriage on property rights in states, such as Texas, with a "marital community" regime of marital property rights. Explored in the course are the nature of title to marital property; the effect of marriage on the management of marital property; the liability of spouses and their property for contractual undertakings and tortious acts; the disposition of marital property in the event of death, divorce, or annulment; and issues relating to "homesteads" under Texas law.

Comparative Law

( 3 credits)
This course dissects the dominant features of the civil and common law systems. It focuses on the history, legal structures, legal actors, procedure, sources of law, and legal reasoning of the West European and Latin American countries and contrasts them with the legal culture of the United Kingdom and the United States. In addition, the course provides an overview of the European Community and the European Human Rights System. It also addresses the legal changes in Central Europe and the newly independent states.

Complex Litigation

( 3 credits)
This is an advanced course in federal civil procedure in complex cases involving multiple parties (class actions, mass disasters), multiple claims, duplicative or multi-forum litigation and complex tort cases. Topics to be covered may include the roles of judges (judicial control of the litigation process), magistrates and counsel (ethical considerations), personal jurisdiction and due process concerns (notice), joinder, discovery, settlement, finality, and recovery of attorney's fees.

Conflict of Laws

( 3 credits)
The Conflict of Laws course addresses the special problems that arise when disputes have a connection with more than one jurisdiction -- problems usually classified under the headings "choice of law," "jurisdiction," and "enforcement of judgments." These issues are encountered in almost every area of practice and have constitutional, as well as legislative and judicial, dimensions. The course thus raises provocative questions regarding the nature of "law" and its role in society.

Constitutional Criminal Procedure see Criminal Procedure

Consumer Bankruptcy Filings

( 1 credits)
This course involves the drafting of a complete Chapter 7 Bankruptcy voluntary petition along with all additional schedules on behalf of a hypothetical client. Students will hear lectures relevant to each day’s topic and then work in groups to organize the client’s Bankruptcy estate and complete each portion of the petition. In the end, students will conduct a mock Meeting of Creditors presenting their petition for approval. Students are graded on class work, homework assignments and their mock Meeting of Creditors.

Consumer Protection Law

( 3 credits)
This survey course touches upon consumer-protection topics that are covered more deeply in other specialized courses. The topics include: strict products liability in tort; the Texas Deceptive Trade Practices Act; and unfair collection practices. There are no pre-requisites. A student cannot take both this course and the Deceptive Trade Practices Act course. Enrollment in this course does not preclude a student from taking the courses on Products Liability and Consumer Credit.

Construction Law

( 3 credits)
The course covers the basics of Texas Construction Law. Emphasis is on: typical contracting relationships; unique aspects of construction contracts; and unique statutes and common law found in the construction industry. The course will cover indemnity and insurance issues, mechanics’ liens and bond claims. Construction defect, enforcing payment for the work, property damage and personal injury/death claims will be explored. Handling construction evidence and effective use of Texas Rules of Civil Procedure will also be discussed. Practical discussions of trial and mediation techniques will be incorporated into the class work. It is recommended that the student have completed Contracts, and either have completed or be taking Texas Civil Procedure and Texas Evidence.

Copyright Law

( 2 credits)
This course provides a detailed study of federal copyright law and the legal protection it affords for literary, musical, and artistic works.

Criminal Justice Administration

( 2 or 3 credits)
This course examines the post-conviction aspects of the criminal justice system in both the federal and Texas systems. Topics include sentencing (including the impact of plea bargaining on dispositions in criminal cases, probation, parole, and the federal sentencing guideline system. Another major component of the course is an examination of the unique law of capital punishment.

Criminal Justice Clinic

( 8 credits in fall and spring; 3 credits in summer)
The Criminal Justice Clinic provides legal services to indigents of all ages who are charged with crimes ranging frommisdemeanors to capital offenses. A student enrolled in the Clinic may expect to handle five cases during a semester. Inorder to enroll, a student must be eligible to obtain a State Bar practice card.

Criminal Procedure

( 3 credits)
Criminal Procedure is a constitutional law course, with an emphasis on the 4th, 5th, 6th and 14th amendments of the United States Constitution. Topics include arrest; search and seizure; investigative detentions; warrant requirements; confessions and other incriminating statements; and the right to counsel.

Death Penalty in America

( 2 credits)
This course will review the historic development of the death penalty in America since 1970, as well as the practical, philosophical, and Biblical arguments for and against the death penalty, and carefully examine what the Supreme Court of the United States has done to insure that the innocent are protected in capital murder cases. This course will focus not only on the law, but also the most troublesome policy issues that are at the center of the death penalty debate in America today.

Deceptive Trade Practices

( 2 credits)
This course provides an overview of federal and state legislation and case law designed to protect consumers and othersfrom deceptive practices in trade and commerce. The Texas Deceptive Trade Practices Act is emphasized.

Divorce Prove-Up Hearing and Closing Documents

( 1 credit)
This course will require students to review pleadings, draft documents and conduct the direct examination of their client to prove up a divorce. Students will be graded on class participation, drafting of direct examination questions and a final decree of divorce with closing documents.

Doing Business with Mexico

( 3 credits)(in Spanish)
The purpose of this course is to acquaint the student with the legal framework business transactions in Mexico and Latin America. The course will include an analysis of historical, cultural, political, social and economic aspects of Mexico, as they relate to the legal system.

Elder Law

( 2 credits)
One of the fastest growing areas of law, this course assesses the myriad of legal concerns of the elderly, including health care decision-making; living wills and surrogate decision-making for the incapacitated person; issues regarding Medicare and Medicaid; long-term care insurance; social security benefits and supplemental security income eligibility; veterans' benefits; tax issues; pension plans; the Age Discrimination in Employment Act (ADEA); and elder abuse and neglect.

Electronic Discovery

( 2 credits)
This course is designed to address discovery and evidentiary issues pertaining to electronically stored information (ESI). The course will address “meet and confer” conferences and what electronic discovery issues must be addressed between opposing counsel. Other topics include: production, mediating electronic discovery disputes, spoliation, sanctions, and privilege issues. Ethical considerations will be addressed throughout the course. Visiting attorneys will provide practical considerations, tips and recommended practices.

Employment Discrimination Law

( 3 credits)
Employment discrimination law is an important body of civil rights law and is also the fastest growing area of labor law. This course will address methods of proving a case of discrimination under Title VII of the 1964 Civil Rights Act, which forbids employment discrimination based on race, color, religion, sex or national origin. Issues covered may include sexual harassment, affirmative action, pay equity, and retaliation against employees who file charges of discrimination. The course will also cover procedural issues concerning enforcement, as well as the types of relief available. Other statutes, such as the Age Discrimination in Employment Act, Family and Medical Leave Act, and the employment discrimination provision of the Americans with Disabilities Act, may be covered.

Entertainment Law

This is a survey course which focuses on the legal issues and practices common to all areas of the entertainment industry. Practice issues are emphasized, as well as new developments in relevant intellectual property law, and significant business law issues.

Environmental Litigation

( 2 credits)
In this companion course to Environmental Law, students will learn in more detail the skills of representing clients in environmental litigation. The tactics and realities of prosecuting and defending litigation concerning the environment is the theme of the course.

Environmental Law

( 2 or 3 credits)
These courses address environmental problems and legal efforts to respond to those problems, including legislation and environmental litigation. In addition to surveys of state and federal controls concerning air, water, and solid waste, selected problem areas will be explored in detail, with emphasis on trial preparation, gathering of evidence, and strategy in the prosecution and defense of pollution cases.

ERISA: Employee Benefits Law

( 3 credits)
This course provides a background on the purposes and basic principles of the Employee Retirement Income Security Actof 1974 ( ERISA) and other employee benefit laws. Coverage includes pension taxation, benefit plan reporting, regulationof benefit plans, ERISA fiduciary law, and termination of benefit plans.

Estate and Gift Tax see Federal Estate and Gift Tax

Estate Planning

( 2 or 3 credits) ( Prerequisite: Wills & Estates or Wills, Estates, and Trusts. Trusts is also highly recommended.)
Estate Planning focuses on the process by which individuals make comprehensive arrangements for their property and personal needs which remain in effect during disability and after death. Topics covered in this course include disability planning for property and health care needs; planning for the physical aspects of death; the use of non-probate techniques; the preparation and execution of wills, trusts, and other documents; and the fundamentals of federal gift and estate taxation.

Evidence

( 3 or 4 credits) (Required)
The Evidence course explores the process of preparing and presenting evidence in trials. Topics covered may include examination of witnesses; competency of witnesses; privileges; relevancy; demonstrative evidence; the burden of producing evidence; presumptions and the burden of persuasion; judicial notice; the hearsay rule; and proof of documents, recordings, and writings. Evidence I and II cover the same topics as the four-hour Evidence course, but permit students to enroll in two 2-hour segments each semester. The Evidence requirement is satisfied through successful completion of the four-hour Evidence course, or of both Evidence I and Evidence II.

Externship Program

( 2 credits)
Student interns are placed with non-profit organizations and government agencies in San Antonio, or other Texas cities. Students enroll for 2 credits. The course is graded on a pass/fail basis. Students must complete a minimum of 120 hours in the legal placement for the credit to be earned. Students must submit, on a weekly basis, timesheets which are signed by a supervising attorney, and a reflective journal on the student’s experience in the placement. Students may have additional submissions and class meetings, as required by the Director of Externship Programs.

Family Law

( 2 or 3 credits)
This course is a survey of a wide variety of legal issues concerning the family unit, with an emphasis on the policies and changing nature of family law. Topics explored may include marriage requirements and consequences, divorce grounds, property division at divorce, child support, custody, non-marital children, domestic violence, parental rights, adoption, and non-traditional families.

Family Law Mediation

( 2 credits)Pre-requisite = Mediation
Family Law Mediation is an expansion of the Mediation Course. Students will enhance their Mediation Skills by continuing development using the three different types of mediation: Transformative Mediation, Evaluative Mediation, and Cooperative Mediation. The class will address issues of particular concern in Family Law Mediation cases, including the maintenance of continued relationships, property division settlements, an introduction to family dynamics, basic child development, and finally advanced topics, such as domestic abuse and protective orders. Students will be asked to focus on these issues while further developing their mediation abilities, such as questioning techniques, venting and listening skills, and option generating. Students will also learn to recognize tactics used by parties and attorneys to forestall the mediation process, and work on developing ways to approach these "stonewalling" tactics. Mediation is a prerequisite for Family Law Mediation. This course is intended to provide the additional training for appointment as a family law mediator under '154.052(b) Texas CPRC.

Federal Criminal Procedure

( 2 credits)
This is a survey course of the procedure used in the federal criminal justice system from arrest and indictment (or information) through trial and sentencing. Topics covered include: grand jury practice, bail and pretrial release, pretrial motions, discovery, joinder and severance, guilty plea procedures, and trial.

Federal Courts

( 3 credits)
This course builds on the first-year Procedure course and provides a more detailed exposure to the limited judicial power of the federal courts. Topics may include the distribution of judicial power among federal and state courts, the original jurisdiction of the federal district courts (including cases arising under the United States Constitution and statutes, and jurisdiction based on "diversity of citizenship"), federal litigation, and emerging legislative proposals concerning jurisdiction of the federal courts.

Federal Estate and Gift Taxation

( 2 or 3 credits) ( Prerequisite: Federal Income Taxation)
This course is closely related to Estate Planning and is essential for those who will help clients plan the transmission of wealth from one generation to another through wills and related legal arrangements. Topics studied include the concepts of gross estate and valuation of property; exemptions, deductions and credits allowed under federal law; and problems of payment, collection, and apportionment of taxes.

Federal Income Taxation

( 3 credits)
The Federal Income Taxation course, a prerequisite for all other tax courses, provides an introduction to the basic policies and principles of federal income taxation, which are encountered in many areas of practice, including real estate, bankruptcy, family law, and personal injury. It provides a vehicle for learning to work with statutes and regulations, and does not require a business or accounting background.

Federal Pretrial Practice

( 2 credits)
This practice skills course focuses on pretrial motions and proceedings in the federal courts.

Food and Drug Law

( 2 credits)
The purpose of this course is to prepare students to navigate the various regulations that are levied on healthcare providers and organizations. More specifically, this course will introduce the student to federal, state, and professional regulations that govern the administration of healthcare in the United States. Special attention will be given to the relationship between the legal and public health themes of quality, cost, and access.

Gender Discrimination

( 2 or 3 credits)
This course examines the role gender plays in society as a whole, as well as the various legal theories advanced over the past forty years to address such issues as equal protection pay equity; employment discrimination/sexual harassment, and educational opportunities.

Global and National Security Law

( 3 credits)
This survey course addresses the definition of domestic and international conflict; its modalities (e.g., armed conflict, terrorism, economic coercion, and environmental degradation); types of threats (e.g., nuclear, biological, and chemical); the public law of conflict management; and the U.S. response to external conflict within the confines of domestic and international legal principles recognized by the United States (including constitutional issues). The course has an interdisciplinary character but is ultimately guided by the international and domestic rule of law.

Health Law

( 3 credits)
This survey course covers the major legal issues involved in health care in the United States. The course gives students an introduction to the various state and national administrative rules and regulations regarding quality controls, licensing of health care professionals, and ethical /legal concerns involving physician/patient relationships. With the advent of new HIPAA privacy regulations and tort reform impacting medical liability issues, students will have the opportunity to obtain a working knowledge of the law. The course will survey contemporary policy issues in health law.

Human Rights Clinic see Immigration and Human Rights Clinic

Immigration and Human Rights Clinic

( 8 credits fall and spring, 3 credits in the summer)
The Immigration and Human Rights Clinic engages students in the representation of indigent foreign nationals in a variety of immigration cases, and in the advocacy of human rights. Students file political asylum applications and advocate on behalf of clients before administrative tribunals; seek suspension of deportation for undocumented individuals who have lived in the United States for at least seven years and who have relatives who are U.S. citizens or are legally residing in the United States; and seek Section 2128 waivers and adjustments of status for immigrants who are longtime U.S. residents. Students also work on cases involving INS abuses, detention center problems, and human rights issues, especially as they affect residents along the U.S.-Mexico border. Students enrolled in this Clinic in the fall and spring semesters must have completed, or be concurrently enrolled in, the Immigration Law course. Students in the summer session need not comply with this requirement. Second- and third-year students can enroll in this course.

Immigration Law

( 3 credits)
This survey course covers the source of immigration power and constitutional protections for aliens. It addresses the admission of aliens as immigrants and non-immigrants; grounds of removal and waivers as well as removal procedure; refugees; and asylum. To complete the overview, it also addresses issues pertaining to citizenship, its loss and its acquisition. The course must be taken either prior to or concurrent with the Immigration Clinic.

Import/Export Law see United States Customs Law

Independent Study

( 1, 2 or 3 credits)
Students are permitted, with the approval and under the supervision of a member of the faculty, to engage in a course of independent study on a subject determined by the student and supervising faculty member. No student may receive credit toward graduation for more than three (3) hours of independent study, and the course may be taken on either a graded or pass/fail basis, subject to the approval of the supervising faculty member.

Insurance Law

( 3 credits)
The Insurance Law course focuses on the special nature of insurance contracts and the insurance industry. Included is coverage of governmental supervision and control of the industry; organization and agents; making of the contract, including insurable interest and binders; construction of insurance contracts, including coverage provisions, exclusions, and other conditions; parties with interests in the contract; the company's rights and duties upon the happening of the insured event; and rights at variance with the contract.

International ADR and Tribunals

( 2 credits)
First addresses the theory (with examples) of negotiation, mediation, conciliation, inquiry and good offices as the methods of peaceful non-binding dispute resolution. Thereafter, it addresses the theory (with examples) of arbitration and standing courts as methods of peaceful binding dispute resolution.

International Business Transactions: Investment and Finance

( 2 or 3 credits)
This course focuses on international investment and financing issues. The topics covered include (1) the use of letters of credit in international business transactions; (2) the use of foreign distributors and agents; (3) investment vehicles and investment in Europe; (4) foreign investment in NAFTA; (5) United States regulation of foreign investment; (6) economic boycotts; (7) issues confronting established investments; (8) taking an investment; (9) project financing; and (10) Third World debt, the IMF and the international monetary system. It is recommended, but not necessary that International Business TransactionsBSales and Trade and International Business TransactionsBInvestment and Finance (the companion course) be taken sequentially. Each course is designed to stand on its own.

International Business Transactions: Sales and Trade

( 2 or 3 credits)
This course focuses on the international sale of goods, including the Convention on the International Sale of Goods, regulation of international trade, and the resolution of international trade disputes. The topics covered include: (1) international documentary sales, bills of lading and other commercial forms; (2) tariff and nontariff barriers to trade; (3) the World Trade Organization, GATT, and TRIPS; (4) free trade areas and customs unions; (5) international transfers of technology; (6) protection and licensing of intellectual property; (7) resolution of international disputes; and (8) contractual choice of law and forum selection clauses. This course satisfies the IBT course requirement in the "Public and International Law" category of the core curriculum. It is recommended, but not necessary that International Business TransactionsBSales and Trade and International Business TransactionsBInvestment and Finance (the companion course) be taken sequentially.

International Energy Transactions

( 2 credits)
The purpose of this course is to study, analyze, and discuss outstanding contemporary topics regarding international petroleum transactions, including a review of the experience of energy policies in Latin America on international energy transactions. The law and culture of multiple jurisdictions will be covered, as will such issues as what is the governing law for such transactions, international petroleum development agreements, dispute resolution mechanisms, the nature and types of petroleum markets and other downstream activities.

International Labor Law

( 2 or 3 credits)
This course will review the U.S. federal and state labor laws with a view to extraterritorial effect. The problems faced by foreign employers in the U.S. and those faced by U.S. employers in other countries will be examined. Sources of international labor law other than the laws of nation states will be covered, as well as the NAFTA labor agreement. Prerequisite: Labor Law

International Law: Human Rights

( 2 or 3 credits)
This course provides an overview of the unique nature, history, and philosophies of international human rights law. It compares United Nations, European, Inter-American, and African systems of human rights, and also the roles of governmental and non-governmental organizations.

International Law: Public Law

( 2 or 3 credits)
This basic International Law course is a survey of the law of nations and includes the nature, history, and philosophies of public international law; sources of public international law, including treaties, custom, general principles of law, adjudication, and doctrinal writings; international legal personality and recognition; territory; jurisdiction and jurisdictional immunities; state responsibility and state succession; peaceful dispute resolution; use of force; and international organizations.

Internships/Externships

( maximum of 5 credits, 2 internships or externships allowed)
Credits for Internships may be available. See faculty supervisors of the internship programs for more information. See Section II, D, 4, for Independent Study Internships in the Student Handbook.

Jessup Seminar

( 2 credits)
This seminar addresses the annual Phillip C. Jessup Moot Court problem concerning public international law issues. The seminar requires the completion of a hypothetical memorial for submission to the International Court of Justice in the Hague plus the advocacy of issues contained in the Jessup problem. This writing project satisfied the Law School=s writing requirement for graduation.

Jurisprudence

( 3 credits)
The term "jurisprudence" is defined in a broad and all-inclusive manner as "the science or philosophy of law." Jurisprudence has sometimes been used as a label for several course offerings that vary somewhat from one semester to another, depending on the instructor. In general, the Jurisprudence course introduces students to important schools of thought about the origins, purposes, and workings of law through the reading and discussion of edited works of legal philosophers. It focuses on the development of ideas about the nature of law and the judicial process, and the relationship between those ideas and the working of law; in other words, students will see how philosophies of law inform the practice of law, or Jurisprudence: Law and Literature.
Sections of the Jurisprudence course may focus on particular aspects of jurisprudence. Examples include Jurisprudence: Critical Lawyering Theory and Jurisprudence: Gender and the Law.

Juvenile Law

( 2 credits)
In Juvenile Law, students study the encounters of children with our legal system, including delinquency adjudication; proceedings to determine whether children are in need of supervision; rights of juveniles; and the role of attorneys in representing juveniles.

Labor Law

( 2 or 3 credits)
Labor Law is the basic course focusing on the relationship between employers and an organized labor force and on the federal law governing that relationship. Topics explored include union organization and recognition; collective bargaining; arbitration of grievances; unfair labor practice; the National Labor Relations Board; strikes, pickets, and boycotts; and lockouts, black listing, and Ayellowdog@ contracts.

Law of Healthcare Organization

(2 credits) The purpose of this course is to prepare students to navigate the various regulations that are levied on healthcare providers and organizations. More specifically, this course will introduce the students to federal, state, and professional regulations that govern the administration of healthcare in the United States. Special attention will be given to the relationship between the legal and public health themes of quality, cost, and access.

Law Practice Management

( 2 credits)
Understanding the business of practicing law is especially important to these graduates, but it also is important for those who work in a large-firm setting and may participate in the management of the firm. The increasing attention law schools and accrediting agencies are paying to practice skills and preparation for law practice reflect the diminished role that firms are playing in the training of new lawyers. For students graduating with considerable debt obligations and limited employment prospects, especially in firms large enough to have professional managers, basic competence in the establishment and management of a legal services business can determine whether their professional pursuits succeed or fail.

Legal Malpractice

( 2 credits)
This course will examine the basis for legal malpractice and will explore the basic elements of the tort of legal malpractice, the creation of the attorney-client relationship, and applicable defenses. A major emphasis of the course will be on the prevention of malpractice, and will examine common mistakes made by practicing attorneys which give rise to malpractice claims. Overall, the course will seek to instill a commitment to achieve the highest ideals of the legal profession.

Legal Spanish and Mexican Legal Systems

( 3 credits) (in Spansish)
This course provides a foundation in legal terminology and proper usage in the different areas of Mexican law. Students are exposed to the nuances associated with the Mexican legal system, fundamental legal concepts, key Latin phrases, and to the teaching techniques that characterize legal instruction at Mexican law schools.

Marketing and Business Development for Lawyers

( 2 credits)
This course teaches students how to develop a business marketing plan, including how to identify and serve markets for clients with legal needs, how to develop appropriate and ethical marketing techniques, and how to build and maintain a clientele that is served well.

Mediation

( 3 credits) ( Prerequisite: Negotiation)
Mediation explores those situations in which an impartial person, the mediator, facilitates communication among parties to promote reconciliation, settlement, or understanding among them. The course will explore all forms of mediation, whether conducted by consent or court order (court annexed mediation), and will include extensive training in mediation and negotiation. Issues concerning qualifications, confidentiality, liability, and ethics will be covered.

Medical Malpractice Litigation

( 2 credits)
Medical Malpractice Litigation, a study of the law and procedure governing medical malpractice actions in Texas, willprepare students to evaluate properly and manage effectively a medical malpractice lawsuit. Practical applications of thecourse include deposing medical witnesses, motions for summary judgment, and effective use of medical resources.

Mergers and Acquistions: Buying or Selling a Privately-Owned Business

( 3 credits)
This seminar takes an in-depth look at common business and legal topics and issues that arise in the acquisition or sale of privately held companies, focusing on small and medium size entrepreneurial or family-owned enterprises. Areas covered will include the steps in the acquisition process, structuring the acquisition, elements of the acquisition agreement and negotiation issues and strategies. Students will be expected to participate actively in class discussions of weekly reading materials. The course grade will be based 30% on class participation and 70% on the final take-home exam.

Mortgages and Real Estate Financing

( 3 credits)
This "real property" course covers the rights and interests of the parties to mortgages and other security devices, as well asthose of transferees and of innocent third parties. Topics covered include the deed of trust; the vendor's lien and superiortitle; mechanic's and materialman's liens, both constitutional and statutory; and remedies such as foreclosure, redemption,and marshaling of assets.

Negotiation

( 3 credits)
Negotiation is a course in conflict prevention and resolution, designed to acquaint the student with the processes, and theories, surrounding conflicting human interactions, particularly in the legal world. The theories of integrative and distributive bargaining are explored, as are the interpersonal skills, including communication skills, that will aid the student in better satisfying their interests in any negotiation setting, whether interpersonal, legal or otherwise. Gender and cultural differences are reviewed, as are the dynamics of large group conflict resolution and the use of agents and intermediaries in negotiations. The ethics of negotiation are emphasized, along with the need for a mature approach to conflict resolution.

Oil and Gas

( 3 credits)
This course is the study of the law governing interests in oil and gas, with an emphasis on Texas law. Topics exploredinclude the nature of interests in oil and gas; oil and gas leases; lease covenants, express and implied; title andconveyancing problems; transfers; and pooling and unitization.

Patent Law

( 2 credits)
This course examines the nature of patent protection. Circumstances under which this method of protecting inventions and other original works is appropriate, and the steps necessary to secure, maintain, and enforce the protection, are emphasized.

Probate Techniques

( 1 credit)
This course will cover 4 different methods of probating an estate; specifically, Probating a Will, Probating a Will as a Muniment of Title, Determination of Heirship and the transfer of title through Affidavits of Heirship. Students will draft applications for probate, orders probating estate, affidavits and direct examination questions. Students will also conduct a direct examination of their client for the probate hearing. Students will be graded on class participation and on the documents they create.

Products Liability

( 2 credits)
This course focuses on the need for, philosophy of, and historical development of modern products liability law. Emphasis is placed on the causes of action available to a person injured by a defective product, defenses available to responsible parties, damages sustained as a result of the defect, and the various situations in which litigation of this type arises.

Professional Responsibility

( 2 credits) (Required)
Professional Responsibility explores the legal, ethical and moral responsibilities of lawyers to clients, courts, the community and the legal profession. The current professional rules of professional conduct and the policies underlying them, are examined. However, consistent with ABA standards, students should be aware that the course in Professional Responsibility does not prepare students for the Multistate Professional Responsibility Examination (MPRE). As with all other bar examinations, students intending to take the MPRE should plan to take a commercial bar preparation course prior to taking the MPRE. Information on such courses will be provided to all students enrolled in the Professional Responsibility course.

Race and Racism in American Law

( 3 credits)
This course is a policy courseBit is not a Title VII or employment discrimination course. Rather, this course addresses the many and various ways in which the issue of race and the American legal system interact. As a survey course, the class will deal with various topics ranging from affirmative action, the criminal justice system, and racist/hate speech to interracial adoption, issues of minority women, and housing discrimination. There is no course book for the course. Instead, the course materials are both traditional (law review articles, cases, and statutes) and non-traditional (Ebony, Hispanic, and various videos). While not a basis for grading, the format of the class nevertheless anticipates and necessitates the full participation of each class member. The class will offer invigorating and lively (if not heated) discussion and analysis of historical and contemporary issues of race and the law.

Remedies

( 3 credits)
In Remedies students explore the various types of judicial relief, equitable and "at law," available to people who havesuffered or might suffer a substantive wrong, such as a tort or breach of contract. Students examine the maxims of equityand equitable remedies, including an in-depth study of injunctions; substitutionary money damages, includingcompensatory and punitive damages in contract and tort cases; and restitution-based causes of action such as "quasi-contract," subrogation, and constructive and resulting trusts. The course presumes the violation of a substantive right andattempts to answer the question, "What relief should the injured party seek from the court?"

Restorative Justice

( 2 or 3 credits)
Restorative Justice is a new movement in American criminal justice which focuses on reparation of damage done and restoration of relationships. It includes the victim, the offender, the community, and the criminal justice system itself. This course will examine these new directions, evaluate the research, observe and practice restorative justice techniques and explore how these new practices are applied to the various components of the criminal justice system.

Sales: UCC Article 2

( 2 credits)(online course approved)
Sales is a Uniform Commercial Code ( UCC) course. Article 2 of the UCC is explored, including the creation of salescontracts, the relationships between buyers and sellers, the rights and obligations of the parties, and the remedies availablefor breach of the contract. Other areas explored include risk of loss on shipment or storage, commercial impracticality,letters of credit, and documents of title. A student who takes this course may not also take the combined course on Sales and Secured Transactions.

Sales and Secured Transactions

( 4 credits)
This course will focus on Articles 1, 2, and 9 of the Uniform Commercial Code, the provisions governing the sale of goods and security interests involving or related to goods. Because the course combines topics covered in the Sales and the Secured Transaction courses, students who have completed either Sales or Secured Transactions are not be permitted to enroll in this course.

Secured Transactions: UCC Article 9

( 3 credits)(online course approved)
One of the UCC (Uniform Commercial Code) courses, Secured Transactions is the study of using personal property as collateral for a loan or grant of credit. Topics considered include methods of creating and perfecting security interests; issues of priority; interrelationships between federal bankruptcy law and the UCC; and creditors' rights and obligations after debtors' default. A student who takes this course may not also take the combined course on Sales and Secured Transactions.

Securities Regulation

( 3 credits) ( Prerequisite: Business Associations)
This course focuses on the federal and state regulation of securities and the securities industry. Topics covered includeregistration, exemptions from registration, and liability under the Securities Act; reporting, proxies, tender offers, fraud,short-swing profits, market manipulation, and broker regulation under the Exchange Act; and litigation and lawyer responsibility.

Social Security Disability Practice Skills

( 1 credit)
This course will serve as an overview to the practice of social security disability law. Students will prepare claimants for hearing, prepare case theories, direct examine claimants, cross-examine medical and vocational experts, and draft appeals. Students are graded on class work, homework assignments, and a final project.

State Pretrial Practice

( 2 credits)
This practice skills course focuses on motions and pretrial proceedings in Texas state courts.

Taxation of Business Entities

( 4 credits) ( Prerequisite: Federal Income Taxation)
This course covers major issues relating to the taxation of corporations, partnerships, limited liability companies, and othertypes of business entities. Topics to be considered include entity formation, capital structure, operating distributions, sale of interests, mergers and other reorganizations, and liquidations. Subchapters C, K, and S of the Internal Revenue Codewill be explored.

Texas Civil Procedure I

( 3 credits)
This course offers a detailed examination of pre-trial procedure, using the Texas Rules of Civil Procedure as a model, with comparisons to the Federal Rules of Civil Procedure. Topics covered may include preservation of error; the Texas court system; impleader; intervention; suits on a sworn account; parties; and discovery. Students who plan to practice in Texas are required to take Texas Civil Procedure I.

Texas Civil Procedure II

( 3 credits) ( Prerequisite: Texas Civil Procedure I)
This course offers a detail examination of trial, post-verdict, and appellate procedure, using the Texas rules of Civil Procedure as a model, with comparisons to the Federal Rules of Civil Procedure. Topics covered include continuances; recusal; summary judgments; jury selection; directed verdict; jury argument; jury change and verdict; post-verdict motions; findings of fact and conclusions of law; jury misconduct; res judicata and collateral estoppel; and introduction to appellate procedure.

Texas Criminal Procedure

( 2 or 3 credits)(Prerequisite:Constitution Criminal Procedure)
This course focuses on the Texas Code of Criminal Procedure and the cases interpreting the Code. Students analyze the various provisions of the Code as it relates to the prosecution and defense of criminal defendants from arrest through conviction. No pre-requisite when the course is offered in the Evening Progarm.

Texas Land Titles

( 3 credits)
Texas Land Titles builds upon the first-year property course, and explores in more detail the basic tools and steps necessary to examination of title to real property, as well as the procedural and substantive methods of clearing or eliminating title defects. Also included in the course are methods of title assurance, mineral title, and the Texas adverse possession statutes.

Trademark and Unfair Competition

( 2 credits)
This intellectual property and business course examines the nature of the legal protection afforded to those who usetrademarks. Also included are problems relating to trade secrets, franchising, false advertising, commercial bribery, andunfair trade practices and competition.

Trial Advocacy

( 3 credits) ( Prerequisite: Evidence)
Trial Advocacy classes are designed to give students an introduction to specific trial advocacy techniques such as voir dire examination of jury panels, opening statements, and direct examination of witnesses. The techniques are demonstrated by instructors and students are given opportunities to perform, and receive instruction concerning, exercises in many aspects of the trial of civil and criminal cases. (Prerequisite: Evidence)

Trusts

( 3 credits)
Trusts are one of the most frequently used and beneficial of the tools available to the modern estate planner. A trust is a special type of property transfer which separates the equitable interest in property from the legal interest. The holder of the legal interest, the trustee, manages the property according to the directions contained in the trust instrument and state law for the benefit of the beneficiaries who own the equitable title. The trustee is a fiduciary and must deal withe the property exercising a high standard of care and with the utmost degree of loyalty. This course deals with the creation, administration, and enforcement of private and charitable trusts under the Texas Trust Code. Coverage of resulting trusts and constructive trusts is also included.

United States Customs Law

(2 or 3 credits)
This course will review federal law, legal research and procedure associated with import/export issues. Various specific import and export legal issues will be presented and discussed, including enforcement of the laws. ( approved through spring 2003)

Water Law

( 2 credits)
Water Law explores the subject of rights and interests in water, with an emphasis on the unique law of Texas. The topics covered include the two major ways of determining water rights in surface streams and lakes in the United States ("riparian rights" and "prior appropriation"), as well as issues concerning ground water.

Wills and Estates

( 3 credits)
Wills and Estates is the study of the disposition of property at death, whether by non-probate transfers, intestate succession, or will. The course examines the different types of inter vivos transfers that have testamentary effect, such as multiple-party bank accounts and life insurance; analyzes how property passes if a person does not have a will; and details various aspects of wills including validity, revocation, interpretation, and construction. The estate administration process consisting of collecting the decedent's property, paying debts, and distributing property to heirs or beneficiaries, is also studied. The course also provides brief coverage of other estate planning issues such as professional responsibility, planning for incompetency and death, and the drafting of wills.

Wills and Trusts

( 4 credits)
Covers the materials in Wills and Estates and Trusts in a more condensed format.

Wrongful Convictions

( 2 or 3 credits)
This course examines the American criminal justice system through an unusual prism: that of cases in which innocent people have been convicted. The curse covers the principle causes of wrongful convictions as well as various reform efforts.