2020-2021 Graduate Catalog [ARCHIVED CATALOG]
Course Descriptions
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Juris Doctor |
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LAW 7320 - Law and Medicine: Health Care
Credits: 3
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LAW 7321 - Comparative Law I
Credits: 3
The purposes and methods of comparative law and an introduction to legal systems other than the common law, including sources of law, structure of legal rules, substantive law, procedure, and courts and legal professions.
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LAW 7322 - Comparative Law II
Credits: 3
Limited enrollment seminar course designed to accommodate specific seminar interests of faculty and visiting faculty in comparative law-related subject matter. May examine topics such as selected aspects of law and judicial processes or specific legal areas of selected foreign countries, regions, and economic markets; laws impacting foreign investment and dispute resolution; treaty law-making processes; or comparative corporate governance, business organization, commercial law, and accounting trends. Because topics vary from year to year, students may repeat the course for credit. Transcripted as CL-2 [specific seminar name]. No knowledge of a foreign language is required.
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LAW 7324 - Race and American Law
Credits: 3
Explores the legal treatment of race in the United States. Central to this examination is: (1) the legal and social construction of race and the manifestation of racism; (2) the legal history of certain populations of racialized groups including: African Americans, Native Americans, Latinos/as, Asian Americans, Arabs and Middle Eastern Americans, and White Americans; (3) the relationship between race, language, and citizenship; (4) race and developing notions of equality; (5) residential segregation, education, and race; (6) race and crime; and (7) responses to racism. Discusses the legal history of and contemporary legal issues facing racialized populations in the United States; to critically examine race problems from diverse perspectives; and to envision alternative policies and legal remedies which would increase racial justice.
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LAW 7325 - Secured Transactions
Credits: 3
An introductory survey of the law governing security interests in personal property, with particular emphasis on Article 9 of the Uniform Commercial Code and the Bankruptcy Code.
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LAW 7326 - Real Estate Transactions
Credits: 3
Transfer, finance, and development of real property; the real estate sales contract; the duties and remedies of sellers, purchasers, and brokers; conveyancing; title protection, including recording laws, the mechanics of title search, clearing titles, and title insurance; real estate finance, including mortgages and federal programs; and condominiums, cooperatives, and shopping centers. Some emphasis on Texas law.
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LAW 7328 - Property for LLMs
Credits: 3
Selected topics in personal property, adverse possession, present possessory and future estates in land, concurrent estates, the law of landlord and tenant, easements, private covenants, public land use regulation, and real estate conveyancing.
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LAW 7329 - Jurisprudence I
Credits: 3
A survey of major theories of legal philosophy.
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LAW 7330 - Law and Medicine: Bioethics
Credits: 3
Focuses on the interplay between bioethics and law in the context of topics such as human reproduction, death and dying, and human experimentation.
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LAW 7331 - Second Amendment and Weapons Regulation
Credits: 3
Explores the right to keep and bear arms as a matter of law, as well as how society regulates and enforces access to personal weapons. Examines how gun rights and regulation intersect with lawful self-defense. Covers the foundational Second Amendment case, District of Columbia v. Heller; key lower court opinions; and the broader historical, political, and theoretical debates in which they are embedded. While the dominant focus is on the U.S., the seminar also draws comparisons with the regulatory approaches in other countries. (*updated* 11/3/2020; effective spring 2021)
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LAW 7332 - Blockchain Technology, Law, and Policy
Credits: 3
Discusses the extent to which we allow regulation and government intervention to impact blockchain technology, balancing the maintenance of social norms against the need to let a nascent technology innovate. Considers the various legal and regulatory levers potentially applicable to these technologies and the design trade-offs inherent in adopting them as part of policy-making and governance.
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LAW 7333 - First Amendment and Freedom of Speech
Credits: 3
Examines constitutional issues and interpretation under the First Amendment, with a focus on the freedom of speech and of the press, as well as the establishment and free exercise of religion.
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LAW 7334 - Perspective on Counter Terrorism
Credits: 3
Takes an insistently interdisciplinary and occasionally comparative approach to explore legal issues in America’s war on terror, including but not limited to following: Acts of terrorism committed against the state by non-state actors are not new, but from a lawyer’s point of view, what is new about the states repertoire of responses to them? What are the constants and what are the variables that influence a state’s recognition, definition, and reaction to real or perceived threats to the state’s core responsibility for domestic security? By what standards should state action be assessed? What role should law and lawyers play during such extraordinary times? Readings are drawn from familiar legal sources and from works of history, the social sciences, and literature.
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LAW 7335 - Commercial Real Estate Seminar
Credits: 3
A practice-oriented study of documentation of and due diligence in the transfer, leasing, and finance of commercial real estate. Includes exercises in negotiation; title review; and drafting of documents, letters, and memoranda.
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LAW 7336 - Corporate Taxation
Credits: 3
The formation of corporations, corporate capital structure, earnings and profits, dividends, distributions, redemptions, partial liquidations and complete liquidations, and Subchapter S corporations. Prerequisite: LAW 6460 Income Taxation .
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LAW 7337 - Selected Topics in Intellectual Property
Credits: 3
Explores selected topics in intellectual property law, including copyright, trademark, and patent law. Copyright law grants rights in expressive works such as books, music, sculptures, and photography; trademark law grants rights in product names, logos, packaging, and design; and patent law grants rights in technology. Examines important contemporary topics in these rapidly-changing areas of the law. These topics include doctrines challenged in recent litigation (including Supreme Court and other appellate cases) and legislative reform efforts (including pending and recently-enacted legislation). Students examine one or more such topics as their own research project.
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LAW 7338 - Law and Social Science
Credits: 3
Introduces students to the role of social science in law and legal policy, and after introducing basic concepts, examines a range of applications in major areas of the law, such as torts, property, and criminal law. Explores how courts and lawmakers use statistics and the social sciences to improve adjudications and to analyze and improve the law.
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LAW 7340 - Law in and of Film
Credits: 3
Considers how law, within both formal and informal regulatory regimes, is depicted in fictional and non-fiction films. The most typical types of films considered are courtroom dramas. Another legal film genre discussed is the proliferating practice of filming interactions wherein people are accused, rightfully or wrongfully, of law-breaking. The uploading and sharing of videos documenting many of these incidents via social media allows what would have otherwise been hidden to become “viral”. Also addresses the law of film, how law regulates film and the people engaged with the film industry, chiefly by looking at formal public and private law norms as well as informal, quasi-legal/sub-legal industry norms such as the Hays Code (one of the earliest voluntary film industry regulatory codes) and movie studio morality clauses. Considers some issues that illustrate the law of film, such as prohibitions on interracial sexual relationships and sexual assault cases involving film figures dating from the silent era to the modern film era, and covers film industry figures from Roscoe “Fatty” Arbuckle to Harvey Weinstein. Students are required to view films, read a variety of sources, including scholarly articles and texts, and engage in analytical discourse based on the films, assigned readings, and writing assignments. (*updated* 11/3/2020; effective spring 2021)
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LAW 7341 - Criminal Litigation Clinic
Credits: 3
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LAW 7342 - Federal Taxpayers Clinic
Credits: 3
Clinical instruction in federal tax practice emphasizing the representation of taxpayers before the Internal Revenue Service and the Tax Court. Classroom instruction in interviewing techniques and counseling is integrated with interviewing prospective clients and with the ultimate representation of taxpayers before the Internal Revenue Service and before the Tax Court. Prerequisite: LAW 6460 or LAW 8360 Income Taxation.
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LAW 7343 - Artificial Intelligence and Law
Credits: 3
This introductory course exposes students to a broad range of legal issues posed by the increasing use of artificially intelligent systems across various sectors of society and business. Beyond the mechanics of the relevant technology, this course examines how the emergence of artificial intelligence (“AI”) in various forms, from algorithmic decision-making in social media to the use of AI in surveillance, poses new challenges to the legal order. In doing so, this course considers the broader jurisprudential impact of cyberlaw on AI systems while simultaneously drilling down to very practical considerations faced by lawyers encountering such systems in client products or litigated disputes. (*updated* 11/3/2020; effective spring 2021)
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LAW 7344 - Employment Discrimination
Credits: 3
Examination of the federal law regulating discrimination in employment. The primary emphasis is upon Title VII of the Civil Rights Act of 1964 (discrimination on the basis of race, sex, religion, and national origin), the Age Discrimination in Employment Act, the Equal Pay Act, the Americans with Disabilities Act, and federal requirements of affirmative action imposed upon government contractors, but other civil rights statutes and the National Labor Relations Act will be treated as they bear upon the subject.
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LAW 7345 - Asylum Law Practicum
Credits: 3
Students work to assist immigrants in Mexico (waiting there pursuant to the “Migrant Protection Protocols,” a.k.a. the “Remain in Mexico Policy”) complete applications for asylum. The work is done in partnership with two nonprofit agencies: The Human Rights Initiative of North Texas (HRI) and Lawyers for Good Government (L4GG). L4GG provides clients and overall support; an attorney at HRI is the primary supervisor of the students’ casework. Unlike in previous years, when casework was done exclusively over the spring break holiday, students work with their clients throughout the spring semester. (*updated* 11/20/2020; effective spring 2021)
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LAW 7350 - Professional Responsibility
Credits: 3
An analysis of principles and rules governing the conduct of lawyers. Includes the client-lawyer relationship, competence, confidentiality, loyalty, the roles of lawyers as counselors and advocates, public service, advertising, admission to practice, and professional discipline.
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LAW 7352 - Estate Gift and Income Tax
Credits: 3
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LAW 7354 - Sentencing and the Death Penalty
Credits: 3
An examination of the role of sentencing in the criminal justice system, contrasting sentencing models and ranges of authority. Includes study of alternatives to incarceration in light of criminal justice philosophies, scarce resources, and political support. Exploration of the decision-making process, the use of sentencing guidelines, and habeas corpus. Also includes examination of the death penalty from historical and contemporary perspectives, justifications for it, evolution of constitutional standards for its imposition, review of empirical data on deterrent effect and demographic distribution of death sentences, modes of execution, access to review of sentences, and state and federal relations.
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LAW 7356 - International Crimes
Credits: 3
Focuses on the origins, development, and growth of international crimes. Examines the juridical bases and processes by which objectionable or offensive conduct is transformed into an international crime. Also, identifies the attributes and characteristics of international crimes, and explores the practical and doctrinal problems relating to the regulation, prevention, control, and suppression of this genre of crimes.
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LAW 7357 - Civil Clinic Deputy
Credits: 3
Deputies help supervise clinic students preparing client representation, and provide assistance in areas such as fact investigations and analysis, legal research and writing, litigation training, and court appearances. Deputies are selected by the clinic instructors; students may not enroll before being selected. Prerequisite: LAW 7559 Civil Clinic.
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LAW 7358 - Criminal Litigation Clinic Deputy
Credits: 3
Deputies help supervise clinic students preparing client representation, and provide assistance in areas such as fact investigations and analysis, legal research and writing, litigation training, and court appearances. Deputies are selected by the clinic instructors; students may not enroll before being selected. Prerequisite: LAW 7641 Criminal Law Clinic .
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LAW 7361 - Gender Law
Credits: 3
Explores the topic of gender equality as reflected in constitutional law and in various bodies of federal and state statutory law. Using different theories of equality, it covers such matters as modern equal protection jurisprudence; sex discrimination in employment and education; reproductive rights; domestic violence; sex work; and women in the legal profession.
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LAW 7369 - Oil and Gas Contracts
Credits: 3
A survey of basic oil and gas contracts used in exploration and production operations in the United States and internationally, and the problems and legal issues that they present. Includes lease addenda, assignments, support agreements, farmout agreements, operating agreements, gas contracts and balancing agreements, division orders, and technical agreements. Drafting solutions and alternatives are explored. Oil and Gas may be completed beforehand or taken simultaneously.
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LAW 7370 - Regulation of Hazardous Substances
Credits: 3
Issues relating to regulation of the use and disposal of hazardous substances. Deals largely with federal regulation of the disposal of hazardous wastes under the Resource Conservation and Recovery Act and the remediation of hazardous substances under the Comprehensive Environmental Response Compensation and Liability Act. Includes analysis of the impact of these statutes on business decisions relating to property transactions, corporate structure, bankruptcy, and insurance. Also, addresses basic science and/or policy issues relating to the control of substances with uncertain effects on human health and the environment.
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LAW 7373 - Critical Race Theory
Credits: 3
This seminar rigorously examines the theoretical and case law analyses made by scholars of critical race theory. Topics include the emergence of critical race theory as an area of legal scholarship; the relationships among critical race theory, feminist legal theory, and critical legal studies; colorblind constitutional theory and affirmative action doctrine; discriminatory intent and antidiscrimination jurisprudence; race and criminal justice; race and education policy; the intersection of racism and other sources of oppression such as sexism and heterosexism; and the role of law as a means of eradicating racial inequality. Satisfies the edited writing requirement.
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LAW 7375 - Securities Regulation
Credits: 3
A study of the securities laws (primarily federal but also state, especially Texas) and of the activities and industry they govern. The principal emphasis is on the regulation of issuance, sale, resale, and purchase of securities, and on the disclosure requirements generated by the registration, reporting, proxy, tender, and antifraud provisions. Other important subjects are civil liability (express and implied), government enforcement, exemptions from registration (especially private placements), insider trading, and the meaning of “security.” Also treated are the functions of the SEC and of state securities administrators. Broker-dealer and market regulation may be covered if time permits.
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LAW 7376 - Securities Litigation and Enforcement
Credits: 3
A comprehensive study of public and private actions under the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisors Act of 1940. Special attention is paid to the implication of causes of action; the elements of each cause; vicarious liability; the liability of attorneys, accountants, and directors; and the peculiarities of civil procedure as applied to securities litigation and damages. Also, examines nondamage actions, including SEC enforcement proceedings, criminal actions, contempt proceedings, and state actions. Papers required. Prerequisite: LAW 6420 Business Enterprise.
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LAW 7378 - Civil Rights Seminar
Credits: 3
Advanced civil procedure course that critically examines the policy issues underlying various procedural issues. Topics may include the nature of the adversary system, the history of procedural reform, personal jurisdiction, subject matter jurisdiction, controlling nonmeritorious claims, discovery, class actions, managerial judging, judicial discretion, judicial selection, jury trial, alternative dispute resolution, and comparative civil procedure. Satisfies the edited writing requirement.
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LAW 7383 - Selected Problems in Antitrust
Credits: 3
Seminar in antitrust law that considers topics not covered nor emphasized in the basic antitrust course. Content may vary but could include private antitrust enforcement, patent law and antitrust, antitrust exemptions and immunities, and extraterritoriality and foreign antitrust law. Satisfies the edited writing requirement. Prerequisites: All first-year courses and LAW 7388 Antitrust Law, or permission of instructor.
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LAW 7385 - Texas Pretrial Procedure
Credits: 3
Texas civil procedure prior to trial, including establishing the attorney-client relation, the prelitigation aspects of civil controversies, jurisdiction, service of process, pleading, joinder of parties and claims, venue, res judicata and related principles, discovery, summary judgment practice, and settlement.
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LAW 7386 - Texas Trial and Appellate Procedure
Credits: 3
Texas civil procedure from the commencement of trial through appeal, including selection of the jury, presentation of the case, motions for instructed verdict, preparation of the jury charge, motions for judgment notwithstanding the verdict and for new trial, rendition of judgment, and perfection and prosecution of civil appeals through the courts of appeals and Texas Supreme Court.
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LAW 7388 - Antitrust Law
Credits: 3
A survey of the federal antitrust laws as they relate to mergers, monopolization, and price discriminations, and horizontal and vertical restraints of trade, including price fixing, refusals to deal, territorial and product divisions, tie-ins, exclusive dealing, resale price maintenance, and customer restrictions. Also, enforcement and the private treble damage remedy, including the concepts of antitrust standing and antitrust injury.
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LAW 7389 - Legislation
Credits: 3
A study of the products of the legislative process: the place of statutes in relation to decisional law in historical perspective, types of legislation, and the component parts of statutes. Special emphasis is placed upon statutory interpretation as an essential lawyering skill.
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LAW 7391 - Torts I
Credits: 3
Civil liability arising from breach of common law and statutory duties as distinguished from duties created by contract, including coverage of intentional wrongs, negligence, and product liability. Also, the methods and process of the American legal system, with attention paid to legislation and common law.
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LAW 7392 - Partnership Taxation
Credits: 3
The formation of partnerships, taxation of partnership income, special allocations, elective basis adjustments, distributions, liquidations, retirements, transfers of partnership interests, and family partnerships. Prerequisites: LAW 6460 /LAW 8360 Income Taxation.
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LAW 7400 - Criminal Litigation Clinic
Credits: 4
A practice-based period of study involving representation of indigent clients in Dallas County criminal courts. Classroom instruction and skills training are integrated with actual casework.
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LAW 7401 - Actual Innocence Clinic
Credits: 4
The investigation or litigation of actual innocence claims by persons convicted of serious crimes involves unique and highly challenging legal issues. Students assist in a wide range of postconviction case investigation activities, including any or all of the following: locating and reviewing original trial records, searching for any identifying remaining evidence, analyzing cases for viability, submitting evidence for additional testing, interviewing potential witnesses, communicating with clients, meeting face-to-face at least once with clients in the county jail or the assigned prison unit, interacting with assigned personnel from the District Attorney’s Office, and identifying and communicating with potential experts. Also, drafting briefs, motions, and proposed findings of fact and conclusions of law.
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LAW 7403 - Criminal Justice Policy Practicum
Credits: 4
The Criminal Justice Policy Practicum exposes students to an interdisciplinary approach to criminal justice reform policy. Through the CJPP, students learn how their lawyering can influence local, statewide, and national criminal policy. For the Spring of 2019, the CJPP project is Misdemeanor Justice in Dallas County Courts. Students study Texas misdemeanor criminal procedure rules and observe Dallas County misdemeanor practice. Working with a dataset of nearly 200,000 Dallas County misdemeanor cases, students examine the basic tenets of criminal justice data assessment and analysis. As part of that process, students learn to clean data sets, design research inquiries, code data, and report on the results of data assessments. By the end of the semester, students write an empirical report describing the results of their data-driven inquiry into Dallas County Misdemeanor Justice. Professional Responsibility (LAW 7350 ) may be taken prior to enrolling or simultaneously. Constitutional Criminal Procedure is recommended but not required.
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LAW 7404 - First Amendment Clinic
Credits: 4
Provides assistance to clients defending and advancing the rights of free press, free speech, petition, and assembly. The seminar component integrates substantive law, theory, core lawyering skills, and legal ethics to provide law students real world law practice experience. Under faculty supervision, student attorneys may handle the following types of cases and matters, among others: defamation defense/representation of witnesses in defamation cases; Texas Citizens Participation Act proceedings (anti-SLAPP); motions to obtain access to civil and criminal court records; challenges to gag orders and protective orders in criminal and civil cases; motions to open courtrooms/motions to photograph, broadcast, or stream court proceedings; issues related to the right to photograph police officers and other government officials in public; motions to quash subpoenas directed to journalists; prepublication review of news articles; individual or group free speech, right to petition, and right of assembly claims; amicus briefs on First Amendment issues; Texas Public Information Act requests/Freedom of Information Act requests. Student attorneys are expected to take the lead in all aspects of their casework and to be professionally responsible for the services they provide on behalf of their clients. Through client representation and the clinic seminar, student attorneys have the opportunity to practice fundamental lawyering skills necessary to provide competent, ethical, and zealous representation. These skills include interviewing and counseling clients; negotiating and interacting with opposing counsel; developing and analyzing facts and legal theories; developing and planning case strategy; and drafting and arguing legal pleadings and motions. Students develop these skills in an atmosphere that promotes collaboration, self-evaluation, and self-reflection.
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LAW 7420 - Law and Medicine: Health Care
Credits: 4
An examination of the application of law and legal process to the resolution of problems and the development of policies relating to health and health care services. The course is intended to develop an understanding of the social, business, policy, and ethical implications of legal rules and procedures, as well as an understanding of how the law shapes the financing, organization, and delivery of health care in America. Topics usually include tax, antitrust, insurance, and tort law; medical and hospital licensure and accreditation; Medicare and Medicaid; and state and federal health care regulation.
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LAW 7443 - Federal Taxpayers Clinic
Credits: 4
Clinical instruction in federal tax practice emphasizing the representation of taxpayers before the Internal Revenue Service and the Tax Court. Classroom instruction in interviewing techniques and counseling is integrated with interviewing prospective clients and with the ultimate representation of taxpayers before the Internal Revenue Service and before the Tax Court. Prerequisite: LAW 6460 or LAW 8360 Income Taxation.
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LAW 7459 - Civil Clinic
Credits: 4
Develops lawyering skills and the analytical methods used to develop those skills. Clinic students represent indigent clients in actual cases. Topics include interviewing; counseling; case planning; and drafting of pleadings, motions, and memoranda. Also, fact investigation and discovery, negotiation, and pretrial and trial advocacy. Special emphasis is placed on professional responsibility issues and strategic planning methods. Employs a combination of teaching methods, including one-on-one case supervision, classroom instruction, simulations, and videotaped exercises. A third of the students in the clinic represent resident aliens facing deportation proceedings in the Immigration Clinic. Prerequisites: Completion of 45 credit hours and good academic standing.
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LAW 7496 - Trial Advocacy
Credits: 4
Limited enrollment. An intensive course in trial tactics, techniques, and advocacy, with a focus on the practice of the separate components of a trial: direct examination, objections, cross-examination, rehabilitative devices, expert witness examination, jury selection, opening statements, and closing arguments. At the end of the term, each student acts as co-counsel in a full trial. Videotape recording is used for critiquing student performance throughout the term. Prerequisite: LAW 8355 or LAW 8455 Evidence.
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LAW 7541 - Criminal Litigation Clinic
Credits: 5
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LAW 7559 - Civil Clinic
Credits: 5
Develops lawyering skills and the analytic methods used to develop those skills. Clinic students represent indigent clients in actual cases. Topics include interviewing; counseling; case planning; and drafting of pleadings, motions, and memoranda. Also, fact investigation and discovery, negotiation, and pretrial and trial advocacy. Special emphasis is placed on professional responsibility issues and strategic planning methods. Employs a combination of teaching methods, including one-on-one case supervision, classroom instruction, simulations, and videotaped exercises. A third of the students in the clinic represent resident aliens facing deportation proceedings in the Immigration Clinic. Prerequisites: Completion of 45 credit hours and good academic standing.
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LAW 7560 - Child Advocacy Clinic
Credits: 5
The W.W. Caruth, Jr. Child Advocacy Clinic at Dedman School of Law represents abused and neglected children in Dallas County. The clinic is appointed by the juvenile district courts to serve as guardian and/or attorney ad litem for children. Student attorneys, under the supervision of the clinic director, are responsible for determining the best interests of the children and for representing their voices in court. Prerequisite or corequisite: LAW 8355 or LAW 8455 Evidence.
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LAW 7561 - Consumer Advocacy Project
Credits: 5
Students work with area consumers to assist in resolving a variety of disputes such as deceptive trade practices, credit matters, and debt collection. Student representation generally includes intake, analysis, and evaluation for informal dispute resolution or advice for consumer self-help. Students advise and counsel a client and may evaluate disputes for possible litigation and referral, as appropriate, to local attorneys or to the SMU Civil Clinic. In addition, students may engage in advocacy and research on behalf of client groups, and organize and present community outreach education programs. The project specializes in representing Spanish-speaking consumers from initial intake through informal or formal mediation. Accordingly, when necessary, students work with consumers with the aid of an interpreter. Students need not be fluent in Spanish to enroll. Prerequisites: Completion of 44 credit hours and good academic standing.
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LAW 7641 - Criminal Litigation Clinic
Credits: 6
A practice-based period of study involving representation of indigent clients in Dallas County criminal courts. Classroom instruction and skills training are integrated with actual casework. Corequisite: LAW 8455 Evidence. LAW 7350 Professional Responsibility and LAW 7239 Texas Criminal Procedure are recommended.
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LAW 7642 - Crimes Against Women Clinic
Credits: 6
Students enrolled in the Hunter Legal Center provide representation to survivors of gender-based harms, including domestic violence, sexual assault, and human trafficking. Student attorneys participate in a range of lawyering activities: client screening, individual client representation (in matters such as obtaining orders of protection, family law, humanitarian immigration claims, and postconviction relief), and representation of institutional clients seeking long-term solutions to the problem of violence against women. Work on actual cases, in combination with faculty supervision sessions and the clinic seminar, allows students to hone a wide range of lawyering skills, both practical and analytical. Prerequisites: Completion of 44 hours and good academic standing. Corequisite: LAW 7350 Professional Responsibility. Recommended: LAW 8455 Evidence and LAW 6347 Family Law.
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LAW 7643 - Family Law Clinic
Credits: 6
Under the supervision of an experienced clinical faculty member, student attorneys in the VanSickle Family Law Clinic represent and provide counsel to low-income clients in matters of family law such as divorce, child custody, possession and access, paternity, modifications, enforcement actions, child and spousal support, and adoption. Through client representation and the clinic seminar, student attorneys have the opportunity to engage in the performance of fundamental lawyering skills necessary for competent representation and zealous advocacy. These skills include interviewing and counseling clients, negotiating, developing and analyzing facts, strategically planning cases, resolving conflicts and making decisions, applying motion and trial practice, drafting legal pleadings and ancillary documents, organizing and managing legal work, utilizing cultural competency, collaborating, and performing self-evaluations. Student attorneys also collaborate with community-based organizations to provide limited consulting to pro se litigants at organized community legal clinics located in a low-income, culturally diverse area of Dallas. Prerequisite: Completion of 44 hours and good academic standing. Corequisite: LAW 7350 Professional Responsibility.
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LAW 7644 - Civil Clinic
Credits: 6
Develops lawyering skills and the analytic methods used to develop those skills. Clinic students represent indigent clients in actual cases. Topics include interviewing; counseling; case planning; and drafting of pleadings, motions, and memoranda. Also, fact investigation and discovery, negotiation, and pretrial and trial advocacy. Special emphasis is placed on professional responsibility issues and strategic planning methods. Employs a combination of teaching methods, including one-on-one case supervision, classroom instruction, simulations, and videotaped exercises. A third of the students in the clinic represent resident aliens facing deportation proceedings in the Immigration Clinic. Prerequisites: Completion of 45 credit hours and good academic standing.
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LAW 7660 - Child Advocacy Clinic
Credits: 6
The W.W. Caruth, Jr. Child Advocacy Clinic at Dedman School of Law represents abused and neglected children in Dallas County. The clinic is appointed by the juvenile district courts to serve as guardian and/or attorney ad litem for children. Student attorneys, under the supervision of the clinic director, are responsible for determining the best interests of the children and for representing the children’s voices in court. Corequisite: LAW 8355 or LAW 8455 Evidence .
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LAW 8137 - Federal Judicial Externship
Credits: 1
Provides opportunities to work in the chambers of the U.S. District Court judges, U.S. Magistrate judges, and U.S. Bankruptcy judges in the Northern District of Texas, Dallas, and Fort Worth divisions. From time to time, students may also have the opportunity to work with federal judges in the Eastern District of Texas, Plano Division, and the United States Court of Appeals for the Fifth Circuit. Students are paired with an individual judge and work approximately 10-15 hours per week under that judge’s supervision for one term, for a total of at least 120 hours. Also includes a judicial externship that meets for at least 14 hours (50-minute hours). Students successfully completing the externship and class receive 3 credit hours (based on 2 credit hours for the externship itself and 1 credit hour for the classroom component). Primary activities are research, drafting bench memos, and drafting opinions as well as observing conferences, motion hearings, and evidentiary hearings. Students occasionally have the opportunity to prepare short articles for publication. The teacher of the classroom component also serves as faculty supervisor for the externships, while the judges serve as field supervisors.
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LAW 8157 - Criminal Litigation Clinic Deputy
Credits: 1
Deputies help supervise clinic students preparing client representation, and provide assistance in areas such as fact investigations and analysis, legal research and writing, litigation training, and court appearances. Deputies are selected by the clinic instructors; students may not enroll before being selected. Prerequisite: LAW 7641 Criminal Law Clinic .
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LAW 8202 - Small-Business Clinic
Credits: 2
Provides hands-on experience representing small-business and nonprofit organization clients in a wide variety of business and legal issues. Student attorneys assist in a range of lawyering activities such as advising clients in the startup of their business, assisting in the preparation of necessary legal documents, forming and advising nonprofit organizations, and dealing with clients’ issues that involve transactional business law. For many students, this is their first time to practice law and have an experience dealing with clients. Prerequisite: LAW 6420 Business Enterprise and LAW 8203 Counseling the Small-Business Owner.
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LAW 8203 - Forming and Operating Closely Held Businesses
Credits: 2
This how-to course focuses on forming and representing small businesses and nonprofit organizations. Includes advice regarding selection of a client, understanding the client’s goals, what choice of entity to recommend to the client, entity creation by drafting various documents such as certificates of formation for profit and nonprofit corporations and limited liability companies, bylaws, noncompetition agreements, nondisclosure agreements, employment agreements, and other documents that relate to a small business. Students draft various documents throughout the course. Prerequisite: LAW 6420 Business Enterprise.
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LAW 8204 - Trial Techniques
Credits: 2
Introductory trial techniques course that offers a unique opportunity to learn fundamental trial skills against the backdrop of studying real trials. For example, through the study of video footage and trial transcripts, students examine trial techniques as they were executed in the O.J. Simpson civil and criminal trials and the Timothy McVeigh trial. Students get to study one of the greatest opening statements ever given: the prosecution’s opening in the McVeigh trial. Likewise, students view unforgettable video footage of the execution of specific trial techniques in the Simpson criminal trial. Such footage includes F. Lee Bailey’s cross-examination of Mark Fuhrman, Christopher Darden’s direct examination of a key witness, and Johnnie Cochran’s closing argument. The course is taught by Assistant U.S. Attorney Shane Read, who is also the author of the trial advocacy textbook “Winning at Trial.” Grades are based on student performances throughout the term (i.e., opening statement, direct examination, cross-examination, and closing argument) and class participation. Preclusions: This course is an alternative to LAW 7394 Trial Advocacy for students who are interested in a trial skills class but who do not have time to devote the 4 hours required for the full course. There is nevertheless substantial overlap, such as opening statement, direct examination, cross-examination, and closing argument. However, in addition to the subjects covered in this class, LAW 7394 includes voir dire, impeachment, the introduction and utilization of exhibits, and a final full jury trial downtown. Students who have taken LAW 7394 may not take this class, and students who take this class may not take LAW 7394. Prerequisite: LAW 8355 or LAW 8455 Evidence.
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LAW 8205 - The Role of the General Counsel
Credits: 2
Explores the expanding role of in-house counsel. Provides a broad yet comprehensive overview of the practice areas and corporate situations that require legal assistance and the responsibilities of in-house counsel. Invited general counsels, senior managing attorneys of major corporations, and outside counsel occasionally join class discussions on substantive issues in their particular practice areas and provide practical information on topics such as working with business people and managing outside counsel.
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LAW 8208 - Private Equity and Hedge Fund Law and Related Finance
Credits: 2
An ever-growing portion of investment capital is being controlled by private funds (i.e., hedge funds, equity funds, real estate funds, and hybrid funds). It is important for lawyers to understand how law affects both the investment and legal aspects of the private fund marketplace. Uses a mixture of cases, lectures, and guest speakers to study each component of the private fund world and how law, from both an investment and a legal perspective, affects the private fund community. Looks at the financial analysis behind these funds and how law affects such decisions, and focuses on the legal structure and regulatory environment of private funds. The course primarily takes the viewpoint of the private fund manager versus the perspective of the investing community. A general description of the investment community of private funds (i.e., high net worth individuals, university endowments, and corporate pension funds) are discussed in light of how those investors affect the decisions with respect to investing and legal structure of the private fund. Also looks at the structures under which investment funds raise capital and the internal management challenges faced by the managers, in relation to limited partners, entrepreneurs, investment bankers, regulators, and the company. Examines investment structures from the seed, or angel, financing stage up to the sale, or IPO, of the company. Focuses on the various components of the private fund community, the role of law at private funds from an investment perspective, the role of law at private funds from a legal perspective, and a comparison of private funds to their public fund/company counterparts from an investment and from a legal perspective. This survey course is designed to provide an overview of the private fund community from a legal and investment perspective. Accounting, finance, legal, and tax issues are discussed at a very high level in order to provide a broad general overview.
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LAW 8209 - Law and Medicine: Bioethics
Credits: 2
The course focuses on the interplay between bioethics and law in the context of topics such as human reproduction, death and dying, and human experimentation.
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LAW 8211 - Water Law
Credits: 2
A survey of water law examining concepts of ownership and rights of use, statutory and common law rules for allocating and administering surface and underground water rights, environmental protections of water resources, shared public and private uses of water, competing claims of governmental entities, and transboundary conflicts.
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LAW 8212 - Law Practice Management
Credits: 2
The law practice environment is changing dramatically. This course teaches students how to recognize, react to, and take advantage of such changes. Moreover, it teaches the management and ethical sensitivity concepts that are fundamental to success as a practicing lawyer. Although theory is not overlooked, the course is designed as a skills class, giving students the opportunity to make practical application to the principles they learn.
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LAW 8214 - Employment Discrimination
Credits: 2
Examination of the federal law regulating discrimination in employment. The primary emphasis is upon Title VII of the Civil Rights Act of 1964 (discrimination on the basis of race, sex, religion, and national origin), the Age Discrimination in Employment Act, the Equal Pay Act, the Americans with Disabilities Act, and federal requirements of affirmative action imposed upon government contractors, but other civil rights statutes and the National Labor Relations Act will be treated as they bear upon the subject.
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LAW 8216 - Financial Products: Economics, Regulation, and Taxation
Credits: 2
Introduces the fundamentals of equity and debt instruments, futures, forwards, options, and swaps. Also covers other products, including investment funds, real estate investment trusts, and securitizations. Examines key concepts such as time value of money, original issue discount, hedging, synthetic instruments, and put-call parity. Considers regulatory regimes and basic tax principles that apply to certain financial products. Explores financial products that have lately become a concern of policymakers and various reforms presently under debate.
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LAW 8218 - Regulation and Deregulation
Credits: 2
Economic, social, and public safety regulation in the U.S. is pervasive, directly affecting the economy, business operations, and individual liberties. This course analyzes the policy rationale and legal bases for regulation, application of regulation to various industries (e.g., financial services, transportation, electric utilities, telecommunications, cable and/or broadcast media, and natural gas pipelines), constitutional limitations on regulation, basic features of rate regulation, and evolving justifications for deregulation or alternative regulation in markets that have become increasingly competitive. A key objective is to analyze the public policy justifying regulatory constraints on American commerce.
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LAW 8219 - International Economic Law and Development
Credits: 2
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LAW 8222 - Advanced Contracts: Drafting
Credits: 2
Provides the practical skills necessary to draft effective and clear business contracts. Students gain real-world skills of benefit to a transactional lawyer or litigator. The focus is not especially theoretical, as was the case with the first-year contracts course. The purpose is to train students how to translate the terms of a client’s business deal into a contract that advances the client’s interest without being so one-sided that it is unacceptable to the other side. Students prepare and submit drafting exercises each week; many are ungraded, but several larger drafting projects are graded.
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LAW 8223 - Small-Business Clinic Deputy
Credits: 2
Deputies help supervise clinic students preparing client representation, and provide assistance in areas such as fact investigations and analysis, legal research and writing, litigation training, and court appearances. Deputies are selected by the clinic instructors; students may not enroll before being selected. Pass/fail or graded, at the option of the professor.
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LAW 8224 - Texas Land Titles
Credits: 2
Law of Texas land titles, with a title examination practice skills component. Also, recording acts, bona fide purchaser, conveyancing, title standards, land descriptions, adverse possession, and title insurance.
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LAW 8230 - International Law Review
Credits: 2
Law review experience involving preparation of comments on topics of current interest, notes on cases of significance, and editorial work incident to publication of “The International Lawyer” and “NAFTA: Law and Business Review of the Americas.” Students must be selected for participation before they may register. Available only for J.D. students.
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LAW 8252 - Estate, Gift, and Income Tax
Credits: 2
Consideration of the kinds of transfers that attract the estate and gift tax, the generation-skipping tax, and income taxation of estates and trusts.
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LAW 8257 - Criminal Litigation Clinic Deputy
Credits: 2
Deputies help supervise clinic students preparing client representation, and provide assistance in areas such as fact investigations and analysis, legal research and writing, litigation training, and court appearances. Deputies are selected by the clinic instructors; students may not enroll before being selected. Prerequisite: LAW 7641 Criminal Law Clinic.
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LAW 8258 - Immigration Law
Credits: 2
An analysis of the Immigration and Nationality Act and relevant regulations with respect to the immigration of aliens, the substantive and procedural aspects of deportation, and exclusion proceedings. A review of nationality law with respect to citizenship and expatriation. Special problems of refugees in the U.S. may be considered.
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LAW 8262 - Animal Law
Credits: 2
Introduces the field of animal law, a dynamic and emerging area of the law. Not an animal rights course. Surveys the historical origins of the legal status of animals and examines the common law and statutory foundations upon which it operates. Also, traditional legal disciplines such as constitutional law, contracts, and torts through the lens of animal interests. Explores the often-controversial moral, ethical, and public policy considerations faced when balancing the legal interests of humans and nonhumans. Covers current laws affecting animals at the local, state, and federal levels.
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LAW 8270 - Lawyering and Ethics for the Business Attorney
Credits: 2
Examines the role of the corporate lawyer in counseling and litigation settings. Subjects addressed include the role of the lawyer in the close corporation, client fraud dilemmas, conflicts of interest, internal corporate investigations, litigating with the SEC, the role of inside counsel, business relationships with clients, and related party transactions.
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LAW 8271 - Civil Procedure II
Credits: 2
Civil procedure, focusing on judicial resolution of disputes and development of the modern civil action, including consideration of the jurisdiction of courts, venue, process, pleading, joinder, discovery, pretrial practice, right to a jury trial, withdrawing cases from a jury, motions after verdict, judgments and their effects, and appellate review. Also, an introduction to alternative dispute resolutions.
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LAW 8272 - Art and Antiquities Law
Credits: 2
A seminar course that focuses on the definition and nature of a “work of art” and the legal rights and interests among artists, collectors, dealers, museums, and the public. The course considers these issues primarily as they relate to the visual arts. Although course content may vary, topics usually include the international movement and protection of art, theft and forgery, cultural property and Native American art, artists’ moral and economic rights in works of art, and valuation issues.
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LAW 8281 - Chapter 11 Reorganization
Credits: 2
In-depth study of corporate reorganization under Chapter 11 of the Bankruptcy Code.
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LAW 8282 - Property I
Credits: 2
Selected topics in personal property, adverse possession, present possessory and future estates in land, concurrent estates, the law of landlord and tenant, easements, private covenants, public land use regulation, and real estate conveyancing.
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LAW 8290 - Contracts I
Credits: 2
History and development of the common law of contract; principles controlling the formation, performance, and termination of contracts, including the basic doctrines of offer and acceptance, consideration, conditions, material breach, damages, and statute of frauds; and statutory variances from the common law, with particular attention to Uniform Commercial Code sections.
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LAW 8292 - Torts II
Credits: 2
Civil liability arising from breach of common law and statutory duties as distinguished from duties created by contract, including coverage of intentional wrongs, negligence, and product liability. Discusses the methods and process of the American legal system, with attention paid to legislation and the common law.
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LAW 8293 - Social Media Law
Credits: 2
This course provides a comprehensive look at how social media is affecting the legal system. Using actual trial and appellate level cases, the course examines the many ways in which information from sites like Facebook, MySpace, and Twitter is being utilized in everything from criminal and family law matters to personal, employment, and commercial litigation nationwide. In addition to analyzing discoverability and evidentiary issues involving social media content, the course will look at how traditional notions in such areas as duty, jurisdiction, and legal ethics are impacted by such new technology. Topics like the implications of social media use by judges and jurors will also be explored, along with the ways in which social media use has affected attorney marketing practices. As it considers social media’s impact on the evolving legal landscape, the course will also examine constitutional concerns raised by social networking’s rapid spread, including privacy and First Amendment concerns.
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LAW 8302 - Children and the Law
Credits: 3
Focuses on three interrelated questions involving the legal relationships among the child, parent, and state. First, who decides on behalf of the child? Second, how does law allocate decisional power and responsibility for children in our society? Finally, what voice should law give to children in situations where there rights and/or interests are affected? These questions are explored in the context of the following topics: parental rights to raise their children; constitutional rights of children (e.g., privacy and free speech); child abuse and neglect (civil and criminal); termination of parental rights; foster care and adoption; and medical decision-making. Some emphasis is placed on examining the practical considerations of providing legal representation to children, particularly in cases involving child abuse and neglect.
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LAW 8304 - Telecommunications Law and Policy
Credits: 3
Provides an overview of the adoption and evolution of telecommunications regulation in the United States, covering the broadcast, satellite, and cable television industries along with the wired and wireless telephony and Internet industries. Through the history of telephony regulation, students learn fundamental concepts and theory surrounding traditional rate base, rate of return regulation, the development of alternate forms of incentive regulation, and different perspectives on managing the transition from monopoly to competition. Students learn fundamental administrative law principles and gain insight into the adaptive nature of administrative regulation through its application to this technologically dynamic part of our Nation’s economy. In studying the adoption and implementation of the 1996 Federal Telecommunications Act, students also gain insight into the interaction of the legislative, administrative, and judicial branches of government. The history of telecommunications regulation exposes students to public policy issues surrounding the interaction between the competition laws administered by the Department of Justice and Federal Trade Commission and public utility regulation administered by the Federal Communications Commission and State Public Utility Commissions in the United States.
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LAW 8305 - Intellectual Property Licensing Law
Credits: 3
Focuses on how holders of intellectual property assets exploit and retain their rights in the realm of licensing. Also, the legal and business issues relating to licensing of intellectual property, including trademarks, patents, copyrights, trade secrets, software, and information database assets. Explores the rights and duties of the license parties, negotiation of the terms and clauses of the license agreement for each form of intellectual property, misuse and antitrust constraints on licensing, and management and enforcement of the license. Examines university technology transfer, government procurement licensing, third party rights in the license, and international licensing. Considers open licensing practices as seen in open source software and the Creative Commons. Hands-on and practical course with many drafting assignments and a take-home exam.
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LAW 8306 - Law and Science
Credits: 3
Edited writing seminar. Examines the various interactions of science and law in both civil and criminal contexts. Students read about and discuss how science aids in achieving just results, some new problems that science poses in the legal arena, and the importance of understanding science in practicing law. Topics include the importance of DNA, fingerprint, and statistical evidence; how scientific understanding affects notions of liability and culpability; the protection of research subjects; and bioethics, cloning, and nanotechnology.
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LAW 8308 - History of Anglo-American Legal Institutions
Credits: 3
Examines the development of the Anglo-American system of civil and criminal justice from the Medieval Period to the present day. Topics may include the origins and evolution of the common-law jury, the emergence of rules of procedure and evidence, and the changing roles of judges and attorneys.
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LAW 8311 - Constitutional Law II
Credits: 3
A study of individual rights, including such areas as equal protection of the laws and due process of law, with particular emphasis on issues of racial discrimination, gender discrimination, and the right to privacy. Depending on the professor, may also include freedom of speech and freedom of religion.
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LAW 8312 - International and Foreign Legal Research
Credits: 3
Provides the basic knowledge and skills needed to conduct competent international and foreign legal research, including methods to find and evaluate international and foreign legal materials using both electronic and print resources. Expands on and reinforces the basic legal research skills taught in the first-year legal research and writing course. Students become skilled in researching various international and foreign legal sources and in using research techniques through practical application in assignments and class exercises. Students need to bring their own laptop computer to class.
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LAW 8315 - International Business and Financial Transactions
Credits: 3
A basic course for U.S. and international students on fundamental legal problems encountered in international business transactions (e.g., international sales, licensing, and foreign direct investments) and in international financial arrangements (e.g., international letters of credit, syndicated loans, project financing, and Eurobond offerings and securitizations), along with selective issues facing the multinational enterprise. Particularly beneficial as a foundation course for the student desiring to pursue the international law area or for the student desiring only a survey of the area.
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LAW 8318 - Seminar on Extraterritorial Jurisdiction
Credits: 3
The proliferation of legal regimes purporting to govern the same activities presents opportunities and conundrums for lawyers dealing with a wide variety of cutting-edge U.S. and/or international law issues that span civil and criminal divides (e.g., free speech on the Internet and intellectual property rights; the geographic reach of antitrust and securities laws; and laws designed to combat terrorism, child sex tourism, piracy, and international human rights violations like torture and genocide). Requires students to write a substantial research paper of publishable quality. The first part of the seminar explores recent cases and scholarship related to extraterritorial jurisdiction in order to raise the students’ awareness of the theoretical and doctrinal issues involved and to develop the students’ ability to evaluate and critique legal scholarship. In the second part of the seminar, students discuss their research proposals and works-in-progress in light of substantive and methodological insights gained from the first part of the seminar.
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LAW 8319 - International Economic Law and Development
Credits: 3
Foundation course that enhances the understanding of financial, monetary, trade, and investment law and regulations. Also, related economic development theories and policies in their current global setting, particularly as they directly impact 80 percent of the world population (i.e., the developing world). Against the constantly changing background of economic policymaking, examines economic and legal interaction among industrialized states, developing countries, international economic institutions (e.g., U.N. economic functions, IMF, and World Bank Group) and regional economic institutions (e.g., in Latin America and Africa), and private actors (e.g., multinational corporations, international commercial financial institutions, and nongovernment organizations). Provides an overview of the legal and institutional foundations of the evolving global international economic order. Particular attention is given to the issues of sustainable economic development, stable financial systems, and alleviation of poverty in developing and emerging countries. May cover issues such as the basic legal principles and doctrines governing international economic organizations, official development assistance, the U.N. Millennium Goals, the Washington Consensus versus the Monterrey Consensus, the WTO Doha Agenda for developing countries, South-South and North-South regional economic integration efforts, sovereign debt reduction and rescheduling, privatization development programs, development of appropriate economic legal and judicial infrastructures for development, and postconflict economic reconstruction. The course should be of particular importance for domestic and international students seeking an international legal practice with private firms, international and regional bodies, and domestic government and private bodies dealing with the international arena.
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