First-Year Courses (required for all students)
CIVIL PROCEDURE 5405
A general survey using federal court procedure as a model, including jurisdiction of courts, pleading, disposition without trial, joinder of claims and parties, effects of judgments, and appellate review.
CONSTITUTIONAL LAW 5401
A study of the federal judiciary's doctrine and practice of judicial review, judicial power, and jurisdiction of the courts, the power of Congress to regulate commerce, the power of the states to regulate commerce, and the protection of private rights, privileges, and immunities under the Constitution, which includes the substantive rights of freedom of enterprise, freedom of expression, freedom of religion, and freedom from discrimination.
A study of the enforceability of promises, the creation of contractual obligations, performance and breach, the impact of the contract on the legal relationships of nonparties, and the examination of contract doctrine in three settings: personal service, sales of goods, and construction contracts.
CRIMINAL LAW 5310
Inquiry into the sources and goals of the criminal law, limitations on the state's power to define criminal liability, general principles of liability and defenses, and the characteristics of particular crimes.
LEGAL PRACTICE I 5306
An introduction to the legal system covering case briefing, case synthesis, and statutory analysis, as well as principles and practice of legal writing, client interviewing, client counseling, negotiations, and legal bibliography and research.
LEGAL PRACTICE II 5307
Instruction in legal method, including case and statutory analysis, through objective and persuasive legal writing and oral argument. Instruction in the sources and use of materials for legal research, including computer-assisted research, and in legal citation. Written assignments include letters, memoranda, and briefs. Introduction to dispute resolution processes including mediation, arbitration, settlement conferences, mini-trials, and summary jury trial.
An introduction to the law of personal property and real property, including estates and other interests in land, real property marketing and conveyancing, and landlord and tenant problems.
Standards and principles governing legal liability for intentional and unintentional invasions of interests of person and property.
Advanced required courses (26 hours taken during second and third year; 15 hours must be taken during second year)
BUSINESS ENTITIES 6435
A study of business organizations (including partnership, limited partnership, and other unincorporated business forms) and business corporations; the factors affecting the selection of the form of a business enterprise; the nature of corporate entities; and the promotion, organization, activities, financing, management, and dissolution of business corporations.
COMMERCIAL LAW 6420
A study of the financing and distribution of goods from manufacturer to ultimate consumer, with special emphasis given to the financing of sales transactions (Article 9 of the Uniform Commercial Code) and to the processes for payment of sales-generated obligations (Articles 3, 4, and 5 of the Uniform Commercial Code).
CRIMINAL PROCEDURE 6339
Survey of procedures applicable in the criminal justice system from arrest through post-conviction remedies.
An examination of the problems of proof, including study of the admission and exclusion of information on the basis of relevancy, economy, policy and protection of the individual or the state, examination of witnesses, substitutes for evidence, and procedural considerations.
INCOME TAXATION 6434
A basic understanding of both the concepts related to the federal income taxation of individuals, and how those concepts are reflected in complex statutes and regulations.
PROFESSIONAL RESPONSIBILITY 6357
Provides a basic foundation for dealing with ethical and professional responsibility problems that practitioners encounter. Students examine the duties, roles, and responsibilities of practicing attorneys. Discussion focuses on applying ethics rules and avoiding grievances and professional malpractice claims.
WILLS AND TRUSTS 6415
A study of the transfer of property by descent, wills, testamentary substitutes, and trusts, including a study of construction problems.
Advanced elective courses (choose from the following to complete a minimum total of 90 credit hours for graduation)
ACCOUNTING FOR LAWYERS 6018
V2 - 3 hrs.
This course is intended for the law student who does not have an accounting background. Topics covered include basic accounting concepts and terminology; how to analyze and understand financial statements; and legal issues involving financial statements, including how to recognize possible manipulations or distortions.
AMERICAN INDIAN LAW 6320
Examines the legal relationship between American Indian nations and the United States, including implications for states and individual citizens.
ADMINISTRATIVE LAW 6079
Examines the role of the administrative process in our society, formal and informal, and emphasizes the powers and procedures common to all administrative agencies and the relationships among the legislative, judicial, and executive branches in the development of public policy.
ADVANCED ALTERNATIVE DISPUTE RESOLUTION CLINIC 7360
Focus is on communication skills, facilitation, and mediation in simulated exercises and in writing assignments with additional requirements; course meets the Texas 40-hour training for mediators.
ADVANCED BANKRUPTCY LAW 6087
V2 - 3 hrs.
Prerequisite: LAW 6001, Creditors' Rights and Bankruptcy. Advanced study of federal bankruptcy law, including jurisdiction, consumer plans, family farmer plans, and business reorganizations.
ADVANCED BUSINESS ENTITIES 6098
V2 - 3 hrs.
Prerequisite: LAW 6435, Business Entities. A seminar addressing contemporary issues in the law relating to business entities, including agency, corporations, partnerships, and limited liability partnerships and companies. Students will prepare papers and presentations on selected topics.
ADVANCED EVIDENCE SEMINAR 6216
Prerequisite: LAW 6416, Evidence. Prerequisite may be waived for forensic science students. This course will deal with a broad spectrum of expert opinion testimony. It will cover the concept of expert testimony in general, standards for admissibility, discovery, and the practical aspects of using and challenging experts. It will consider the varied types of expert evidence such as tests for alcoholic intoxication, speed detection devices, methodology for questioning the authenticity of documents, firearms identification, arson and explosives investigation, fingerprint identification, examination of trace evidence, pathology, serology and toxicology of body fluids, identification and analysis of illegal drugs, identification by DNA analysis, forensic odontology, forensic anthropology, behavioral science evidence, and lie detection. In each area the class will discuss foundation for admission, methods of challenging admissibility, techniques for effective cross-examination, and methods of presentation of complex evidence through photographs, charts, videos, and other demonstrative resources. Students will have the opportunity to conduct simulated examinations of witnesses, laying the foundation and following the procedure for offering different types of evidence, and will examine in depth a topic of their choice for a written assignment and for the topic of a class discussion. This class will satisfy the upper-level writing requirement.
ADVANCED IMMIGRATION LAW 6201
Prerequisite: LAW 6031. An advanced seminar course that is designed to simulate a clinical experience. This course expands on the basic immigration law course and specifically focuses on two broad areas of immigration practice: family-based immigration law and relief from removal.
ADVANCED INCOME TAXATION 6041
V3 - 4 hrs.
Prerequisite: LAW 6434, Income Taxation. A study of taxation principles applicable to formation, management, reorganization, and dissolution of business entities with particular emphasis upon the corporation-shareholder relationship in both closely held and publicly owned corporations.
ADVANCED LEGAL ANALYSIS 6225
Covers basic and advanced topics covered on the Multistate Bar Examination, as well as approaches for taking the multiple-choice questions on the bar exam.
ADVANCED LEGAL RESEARCH 6078
V2 - 3 hrs.
This course builds on the principles and techniques of legal research. Technical areas of legislative history, state and federal administrative law, publications of the federal government, and nonlegal research sources will be presented.
ADVANCED RESEARCH AND WRITING REQUIREMENT 7010
ADVANCED SKILLS COURSE REQUIREMENT 7009
AGRICULTURAL LAW 6254
Federal and Texas laws affecting the agricultural and food industry. Impact of federal farm programs; Packer and Stockyards Act; agriculture commodities; basic agriculture financing and warehousing; soil, water, environmental, and conservation laws and regulations. Regulation of health and safety in agriculture and food industry.
ANIMAL LAW 6067
Includes statutory and regulatory aspects of animal law in fields of criminal law, tort law, environmental law, international law, natural resources law, wills and trusts, museum law, gaming and racing contract law, and biological research law.
ANTITRUST LAW 6083
Surveys U.S. antitrust laws. Focuses on trade practices prohibited by the Sherman, Clayton, and FTC Acts, including monopolization, price-fixing, distribution restrictions, boycotts, and tying.
APPELLATE ADVOCACY 6030
Research and writing of briefs and participation in competitive rounds of oral arguments in appellate cases; designed to develop writing and advocacy skills and increase the student's understanding of the relationship between precedent and policy in the resolution of legal controversies.
BANKING LAW 6317
A survey of the history, structure, and regulatory scheme of the American banking system, with emphasis on regulation of bank activities, traditional and nontraditional bank holding companies, and bank failure.
V2 - 3 hrs.
This seminar uses an interdisciplinary approach to studying moral issues in the field of medical treatment and research. Students will examine the legal, ethical, and policy aspects of bioethics controversies. Topics include privacy and confidentiality, human experimentation, the right to refuse treatment, reproduction, organ transplantation, and genetic engineering. Students will write a paper rather than take a final. The paper may be used to satisfy the advanced writing requirement.
BOARD OF BARRISTERS 7105
BUSINESS AND BANKRUPTCY LAW JOURNAL 7006
Students working on the Business and Bankruptcy Law Journal will be permitted to receive course credit and satisfy the advanced writing requirement under the same rules as allowed for Law Review.
CAPITAL PUNISHMENT CLINIC 7408
Prerequisite: LAW 6206. Students will work with the West Texas Public Defense Office on capital cases. Students will work with attorneys, mitigation specialists, investigators, and other professionals in helping to represent those facing the death penalty. Students will use cutting-edge techniques and apply their legal education to a wide variety of activities, including investigation, client and witness interviews, legal research, legal writing, restorative justice, criminal procedure, and substantive criminal law. The classroom component will continue the student's study of capital punishment jurisprudence and focus on skills development, ethics, and cases.
CAPITAL PUNISHMENT SEMINAR 6206
The course studies the death penalty in the United States and Texas, with an overview of the constitutional law governing the death penalty; the history of capital punishment; and current issues surrounding the legal developments, social consequences and moral debate involving implementation of the death penalty. Topics will include an examination of a capital trial from the defense perspective, mitigation, restorative justice and limitations on executions, with an emphasis on the Texas capital murder statutory scheme in theory and application. A substantial writing requirement will be required on a topic of current significance and development within the capital arena.
CAPROCK REGIONAL PUBLIC DEFENDER CLINIC I 7409
Prerequisites: LAW 6339, Criminal Procedure; LAW 6357, Professional Responsibility; and LAW 6416, Evidence. The clinic will provide court appointed legal representation to criminal defendants and juvenile respondents for the courts of the participating rural counties of the South Plains region. Students will apply their legal education to all aspects of criminal representation including investigation, interviewing clients and witnesses, legal research, legal writing, negotiations, and all courtroom trial skills. The classroom component will continue the student's study of criminal law and procedure focusing on skills development, ethics, and case strategy in real on-going criminal matters.
CAPROCK REGIONAL PUBLIC DEFENDER CLINIC II 7410
Prerequisites: LAW 6339, 6357, 6416, and 7410. The clinic will provide court appointed legal representation to criminal defendants and juvenile respondents for the courts of the participating rural counties of the South Plains region. Students will apply their legal education to all aspects of criminal representation including investigation, interviewing clients and witnesses, legal research, legal writing, negotiations, and all courtroom trial skills. The classroom component will continue the student's study of criminal law and procedure focusing on skills development, ethics, and case strategy in real on-going criminal matters.
CIVIL PRACTICE CLINIC 7407
Students under supervision of faculty member will spend about 220 hours during the semester working on civil cases in which the student has primary responsibility.
CIVIL TRIAL: PRACTICE AND LITIGATION MATERIALS 6105
Focuses on practice and litigation materials that correspond with the parts of the civil trial process. Students will become familiar with secondary sources such as practice guides, form books, jury instructions, and CLE materials that are helpful during the various parts of the civil trial process. Students will use both print sources and electronic resources.
CLINIC SUPPORT COURSE 6219
Provides instruction in substantive and procedural law applicable to cases handled by students in the clinic fieldwork component companion to this course, identification and resolution of ethical issues commonly encountered in the area of supervised practice, development of professional skills to enable students to assume responsibility for actual casework in the area of interviewing and counseling, case analysis and planning, problem solving, fact investigation, negotiation, and mediation, document drafting, and advocacy. Course involves lectures, discussion, simulation exercises, mock hearings and case rounds.
COMMERCIAL LITIGATION 6218
Studies the theories of recovery and relevant causes of action in business and commercial disputes, including advance/alternative contract law, tortious interference, fraud, trade secrets, and antitrust law. Focuses on the mechanics and procedure of litigating a commercial lawsuit with particular emphasis on discovery, motion practices, and arbitration.
COMPARATIVE CONSTITUTIONAL LAW 6059
V2 - 3 hrs.
This course involves the study of constitutionalism and how the U.S. approach to constitutional law is similar to that of other countries with constitutions. By thinking about the legal arrangements in the United States and learning about those in other countries, students will enhance their knowledge and understanding of the world. This in turn may affect the actual practices of lawyers in courts, whether they are in domestic or international settings
COMPARATIVE LAW: THE ENGLISH LEGAL SYSTEM 6046
V2 - 3 hrs.
A survey of the development of the English legal system with special emphasis on European influences and on the period 1990 to the present day. Although historical development will be covered, the main focus will be on the struggles within a millennial legal system as it adjusts to modern pressures and trends. Comparisons to the United States system will be included throughout the course.
COMPLEX LITIGATION 6402
An advanced civil procedure course with emphasis on class actions and multi-party disputes in a unitary federal forum. The subject matter also includes permissive and compulsory party joinder, intervention, discovery, duplicative or related litigation, judicial control of pretrial litigation, the preclusive effects of judgments, and the consequences of failure to join. .
CONFLICT OF LAWS 6022
V2 - 3 hrs.
The law relating to transactions or occurrences when some or all of the operative facts arise in more than one state; jurisdiction of court's enforcement of foreign judgments and decrees; choice of conflicting law in situations involving torts, contracts, property, marriage, divorce, and procedural problems.
CONSTITUTIONAL ISSUES IN HEALTH LAW 6024
This course considers the role of the constitution in U.S. health law. It considers the Supreme Court decisions that have specifically
affected issues of health law financing, delivery and quality. It will also consider the First Amendment issues specific to pharmacists and health care providers.
CONSTITUTIONAL LAW SEMINAR 6233
A study of selected problems in constitutional law.
CONSUMER LAW 6226
A consideration of the law relating to merchant-consumer transactions, with special emphasis on the place and operation of consumer credit in our society, existing and proposed legislation affecting consumers, and judicial and extrajudicial self-help methods available to aggrieved merchants and consumers.
CONTEMPORARY LEGAL DEVELOPMENTS 6021
V1 - 4 hrs.
Topics, which will be announced, will emphasize current issues and problems in law. May be repeated for credit
COPYRIGHT LAW 6063
V2 - 3 hrs.
A detailed analysis of the Copyright Act of 1976 and amending statutes. Issues include copyrightability, fair use, educational exemption, public performance rights, ownership renewal and transfer, and infringement.
CORPORATE GOVERNANCE 6356
Prerequisite: LAW 6435. An advanced study of corporate governance. Examines the role of the corporation in society; the role of officers, directors, and shareholders within the corporation; the role of the securities market; abuse of the securities market through insider trading, short-swing profits, and churning; and the duties of directors in mergers, acquisitions, proxy fights, and tender offers.
CORPORATE TAXATION 6309
Prerequisite: LAW 6434. A study of the tax consequences of formation, operation, and liquidation of C corporations and S corporations.
CREDITORS' RIGHTS AND BANKRUPTCY 6001
V2 - 4 hrs.
An introduction to creditors' remedies and debtor's rights under state and federal law. The primary focus is the Federal Bankruptcy Code, but also includes federal law relating to debt collection, state law relating to creditors' prejudgment and post-judgment remedies, fraudulent transfers, and exempt property.
CRIMES IN INTELLECTUAL PROPERTY AND INFORMATION LAW 6208
A study of criminal law relating to the fields of intellectual property and information law. Includes the study of theft, conversion, and misappropriation; trade secrets and the Economic Espionage Act; the Computer Fraud and Abuse Act; federal mail and wire fraud; and identity theft.
CRIMINAL DEFENSE CLINIC PART I 7405
Prerequisite: LAW 6339, 6357, 6416.Students will serve, under faculty supervision as lead counsel and represent indigent criminal defendants in a variety of misdemeanor, felony, juvenile, and appellate matters in state and federal courts.
CRIMINAL DEFENSE CLINIC PART II 7406
Prerequisite: LAW 7405. Students will serve, under faculty supervision as lead counsel and represent indigent criminal defendants in a variety of misdemeanor, felony, juvenile, and appellate matters in state and federal courts. (Advanced Elective Course)
CRIMINAL PRACTICE SKILLS 6070
V2 - 3 hrs.
Prerequisite: LAW 6339. This seminar offers a hands-on approach to developing federal criminal law practice skills. Students will participate in interactive lecture and will complete various drafting assignments throughout the semester. The course objective is to develop a working foundation for the successful prosecution or defense of a federal criminal case.
CURRENT TOPICS IN CRIMINAL LAW AND PROCEDURE 6321
To analyze foundational principles of criminal law and procedure in the context of modern criminal justice issues.
CYBERSECURITY LAW AND POLICY 6082
Cybersecurity law is a rapidly developing field and involves multiple fields of law, including national security law, intelligence law, criminal law, constitutional law, and administrative law. Cybersecurity is the regulation of the internet, electronically controlled infrastructure, and electronic communications using technological, social, and legal controls implemented by government and private entities to secure data and networks from theft and attack by foreign enemies of the state, domestic terrorists, hackers, competitors, spies and other adversaries.
DISCRIMINATION IN EMPLOYMENT 6065
V2 - 3 hrs.
A study of the constitutional, statutory, and regulatory standards for eliminating and prohibiting discrimination on the basis of the individual's race, color, religion, sex, or national origin in hiring, discharging, classifying, or promoting employees, or changing their conditions of employment. It covers the procedures necessary for filing an action for discrimination; the Equal Employment Opportunity Commission and how it operates; the standards set out by the major cases; and EEOC regulations for determining discrimination and what obligations employers (public and private), labor unions, and employment agencies are under, including the requirement for affirmative action programs.
ELDER LAW 6061
V2 - 3 hrs.
Overview of the legal practice and policy relating to aging individuals and older society. Issues covered are: ethical issues in representing the elderly, age discrimination in employment, income maintenance and social security, Medicare, Medicaid, private health insurance benefits, long - term services, guardianship, elder abuse, neglect, and crime.
EMPLOYMENT LAW 6071
V2 - 3 hrs.
Course focuses on laws governing the employer-employee relationship with respect to personnel issues that arise in nonunion settings.
ENERGY LAW 6302
This course explores issues related to traditional energy sources, such as coal, petroleum, natural gas, and nuclear energy, as well as non-traditional renewable energy sources.
ENTERTAINMENT LAW 6217
A study of the practice considerations of legal counsel in the entertainment industry through examination of issues in motion pictures, television, music, theatre, and publishing. Relevant source materials will include case law, statutes and regulations, representative contractual documents, and industry custom.
ENVIRONMENTAL LAW 6327
The respective roles of the federal and state governments in handling such problems as air and water pollution, agricultural pollution, use of public lands, and land-use planning. Federal and state regulatory means to safeguard the environment will be considered in detail.
ESTATE AND GIFT TAXATION 6019
V2 - 3 hrs.
Prerequisite: LAW 6415 and LAW 6434. An estate planning course that examines the impact of federal transfer taxes (gift tax, estate tax, and generation-skipping transfer tax) on various types of dispositions of property during life and at death, the administrative and judicial process in resolving federal estate and gift tax controversies, and the social and economic implications of taxation of distributions of wealth.
ESTATE PLANNING 6227
Prerequisite: LAW 6415, Wills and Trusts. Techniques of planning and implementing dispositive arrangements, including both inter vivos and testamentary dispositions; factors influencing the choice of one technique over another, including the income and estate and gift tax consequences of a particular course of action.
ESTATE PLANNING AND COMMUNITY PROPERTY LAW JOURNAL 6005
Students will be permitted to receive course credit and satisfy the advanced writing requirement under the same rules as allowed for Law Review.
EUROPEAN UNION: INSTITUTIONS AND PRINCIPLES 6004
A survey of EU history and politics; the legal institutions, their structures, powers, and enforcement actions; basic legal principles; and administrative and constitutional pressures on the EU.
EXTERNSHIP PROGRAM 6275
Students may take an externship for credit in which they work under the supervision of a lawyer or a judge. The externship course includes a classroom component and students meet together with faculty members to discuss their work experiences in their externship placement.
FAMILY LAW 6326
Legal problems related to the establishment, dissolution, and reorganization of family relationships, including marriage, divorce, parental responsibility, alimony and child support, adoption, and injuries to family relations.
FAMILY LAW AND HOUSING CLINIC I 7401
Upon application, 8 students will be invited to work in the Family Law and Housing Clinic. Students will apply their legal education to all aspects of family law and housing law representation, including investigation, interviewing clients and witnesses, legal research, legal writing, negotiations, and all courtroom trial skills. Under close supervision, as qualified law students holding a third-year bar card, the students will represent clients throughout all of the legal process. The classroom component will continue the student's study of Family Law and Housing Law and will focus on skills development, ethics, and case strategy in real on-going criminal matters. This clinic requires a commitment of 220 hours per semester, which will return a unique, experiential opportunity for third-year students in completing their legal education and preparing them for the real world.
FAMILY LAW AND HOUSING CLINIC II 7402
Prerequisite: LAW 7401. A continuation of Family Law and Housing Clinic I.
FEDERAL COURTS 6033
V3 - 4 hrs.
A study of the jurisdiction of the federal courts and of the procedural rules related to jurisdictional matters, including the law applied by the federal courts, federal question and diversity jurisdiction, removal jurisdiction, jurisdictional amount, appellate jurisdiction, and conflicts between the state and national judicial systems.
FEDERAL CRIMINAL LAW 6316
A study of the special features of federal criminal law and its enforcement and the federal-state relationship in the area of criminal law.
FIRST AMENDMENT 6068
V2 - 3 hrs.
Study of the principal lines of historical, philosophical, and doctrinal first amendment development and the primary first amendment case law of the Supreme Court.
FOREIGN, COMPARATIVE, AND INTERNATIONAL LEGAL RESEARCH 6106
Familiarizes students with the basic sources in international law and the national law of foreign jurisdictions, and helps students develop the skills to efficiently research foreign and international legal questions. Students will learn how to find international treaties, decisions of international tribunals, various IGO documents, the legislation and court decisions of common law and civil law countries, and much more.
GAMING AND RACING LAW 6090
V2 - 3 hrs.
Legal aspects of gambling and racing activities, with special emphasis on Texas statutes and administrative rules and regulations for horse racing, dog racing, games of chance, and lottery activities.
GLOBAL BIOSECURITY LAW 6010
Examines international history in biodefense law, including major treaties in biosecurity and biosafety law, the Biological Weapons Convention, and the Cartegena Protocol; biosecurity regulations and legal frameworks in other countries; international law and public health as well as regulatory approaches of the World Health Organization; and biodiplomacy and the role of Interpol in biocrimes.
GUARDIANSHIP LAW 6099
V1 - 3 hrs.
This course is designed to teach the student how to begin, administer, and close a guardianship for an incapacitated person/minor. The student also will learn alternatives to guardianships and planning techniques to avoid guardianships as well as learn the differences in a guardianship proceeding and a mental health commitment. This course will provide a practical look at how to represent a client who may be applying to be a guardian or a client who is the subject of a guardianship proceeding.
HEALTH CARE LAW 6366
Provides an overview of aspects of health law including access, financing, quality of care, human reproduction, and death and dying issues. Analyzes the relationships between patient, family, provider, regulators, and other interested third parties. Impact of public policy and technology on these relationships.
HEALTH CARE MEDIATION CLINIC 7011
V3 - 4 hrs.
This course and clinics gives students an opportunity to develop their communication, facilitation, and mediation skills. Through reading, simulated exercises, field work, and live co-mediations, students will learn the law, ethics, and procedures involved in mediating disputes. The study and work will focus on problems and disputes that arise in health care settings, including those that arise per-admission, during hospitalization/residency. Immediately before discharge, and post-discharge. The issues may relate to conflicts between patients, their families, and providers. The actual matters handled will depend on referrals and approvals from participating hospitals and nursing homes. Students who have received credit for the other ADR Clinic will not be able to enroll in this clinic. The students' training will satisfy the 40 hour requirement for Texas mediators.
HEALTH CARE TRANSACTIONS AND FINANCING 6203
This course provides an overview of health care entities and their organizations, financing, operational issues, and regulatory environment. Instructional emphasis is on the role of the lawyer in representing and advising the health care client.
HUMAN RIGHTS 6212
This course introduces the origins of the idea of human rights and the legal and political human rights movement. It covers the basic international agreements and other instruments and the customary international law of human rights as well as their implementation by international and national courts and other bodies.
IMMIGRATION LAW 6031
V2 - 3 hrs.
A study of the constitution, federal statutes, regulations, case law, and administrative decisions relating to citizenship, aliens, and admission into and deportation from the United States.
INNOCENCE CLINIC I 7411
Prerequisites: LAW 6339, 6357, 6316. The clinic will work to provide pro bono representation and investigation services to individuals seeking to prove their innocence of crimes for which they have been convicted, and to redress the causes of wrongful convictions. Students will use cutting edge techniques while applying their legal education to a wide variety of activities including investigation, interviewing clients and witnesses, legal research, legal writing, restorative justice, criminal procedure and substantive criminal law. The classroom component will continue the student's study of post-conviction criminal jurisprudence focusing on skills development, ethics, and case strategy in real on-going cases.
INNOCENCE CLINIC II 7412
Prerequisites: LAW 6339, 6357, 6316. The clinic will work to provide pro bono representation and investigative services to individuals seeking to prove their innocence of crimes that they have been convicted, and to redress the causes of wrongful convictions. Students will use cutting edge techniques while applying their legal education to a wide variety of activities including investigation, interviewing clients and witnesses, legal research, legal writing, restorative justice, criminal procedure and substantive criminal law. The classroom component will continue the student's study of post-conviction criminal jurisprudence focusing on skills development, ethics, and case strategy in real on-going cases.
INSURANCE LAW 6009
V2 - 3 hrs.
The law applicable to the formation, construction, and enforcement of contracts for life, casualty, and property insurance; government regulation of the insurance industry.
INTELLIGENCE LAW 6328
Examines the development of intelligence law beginning with the creation of the CIA in 1947. Explores identification, examination and analysis of current legal questions that face governments, intelligence practitioners, citizens and persons in the United States. Review of Constitutional, statutory, and executive authorities that govern the intelligence community; intelligence structures of the United States and other countries; natural tension between law enforcement and intelligence activities and surveillance of persons in a constitutional democracy; and FISA and data mining activities. Examines changes instituted with the USA PATRIOT ACT of 2001 and the Intelligence Reform Act of 2004 in the context of post 9/11 changes in the federal structure for handling intelligence. Litigation against U.S. intelligence, surveillance, wiretaps and espionage complete the scope of the course.
INTERNATIONAL BUSINESS TRANSACTIONS 6306
International globalization and communications over the Internet have made it a certainty that almost every area of the practice of law in the 21st Century will at some point touch upon international commerce. This course introduces students to the legal aspects of doing business abroad, particularly in developing countries. The topics are relevant not only for students who hope to learn to deal with problems faced by large multinational corporations investing in foreign nationals, but also for students who will work in rural areas where local merchants may be importing crafts or specialty items for resale. Students will develop the tools necessary to assist their clients in writing international contracts, anticipating problems, and resolving conflicts that develop along the way. Some of the topics covered in the course include international contracting, international financing, choice of law and forum problems, forms of direct and indirect foreign investment, transfer of technology problems, transnational litigation, arbitration and other forms of dispute resolution, and a survey of U.S. and European antitrust laws and how these laws are impacted by international treaties and laws.
INTERNATIONAL HUMANITARIAN LAW 6229
Examines the laws governing armed conflict, including the concepts of jus ad bellum and jus in bello; the law of belligerent occupation; the protection of non-combatants, including civilians and persons rendered hors de combat; and the legitimate means and methods of warfare
INTERNATIONAL WATER LAW 6221
This seminar will consider the basic concepts of international law relating to the navigational and non-navigational uses of freshwater resources.
INTERVIEWING, COUNSELING, AND NEGOTIATION 6264
Study theory and function of client interviewing and counseling, demonstration of approaches and techniques, and student role playing with discussion and critiques.
INTRODUCTION TO EMERGING TECHNOLOGIES LAW AND POLICY 6319
Introduces law and non-law students to emerging technologies and how law and policy frame interactions with it both domestically and globally.
INTRODUCTION TO INTELLECTUAL PROPERTY 6039
This is a general survey of the legal protection of intellectual property, including patent, trade secret, copyright, and trademark.
INTRODUCTION TO LEGAL STUDIES 5221
An introduction to legal reasoning and writing, coupled with instruction in a topic of substantive law.
INTRODUCTION TO UNITED STATES LAW LL.M. 6329
An introduction to the American legal system, focusing primarily on the structure of the federal government; federalism-i.e., the relationship of the fifty states to the federal government; and the structure of the American judicial system. The course covers the role of the Constitu-tion, statutes, judicial decisions, and administrative rules in the devel-opment of American law, and some of the substantive legal principles employed In American courts in such areas as constitutional law, contract law, torts, and administrative law
JOURNAL OF BIOSECURITY, BIOSAFETY, AND BIODEFENSE LAW 7101
Students will edit submissions to the Journal of Biosecurity, Biosafety, and Biodefense.
LAND-USE PLANNING 6025
V2 - 3 hrs.
A study of both private and public means of controlling the use of land. Emphasis will be placed on the areas of planning and zoning, including the emerging problem of exclusionary land-use controls. Further topics that will be discussed include subdivision controls, restrictive deed covenants, eminent domain proceedings, and urban renewal.
LAW AND BIOTECHNOLOGY 6006
V2 - 3 hrs.
This interdisciplinary course is designed for nonscience and science majors to examine the law and the underlying science and policy of biotechnology. The course will examine biotechnology issues in law concerning genetically modified organisms and foods, stem cells, cloning, DNA, the Human Genome, intellectual property, patenting, and human health and environmental impacts. These issues will be considered within the context of governmental management as well as private sector interaction. The course will include a trial practice opportunity related to a biotechnology case file with a focus on skills concerning lawyers and expert witnesses.
LAW AND RELIGION 6237
This seminar addresses three aspects of law and religion: (1) belief systems of various world religions, (2) legal systems of world religions, and (3) court opinions construing the Establishment Clause and the Free Exercise Clause of the First Amendment. Areas of discussion include church-state issues throughout America's history; government regulatory and adjudicative powers over religious organizations, institutions, and persons; religious pluralism; religious expression in public and political forums; and the law of religious liberty.
LAW AND SCIENCE LEGAL RESEARCH 6040
Students will become familiar with both U.S. primary sources of law and international legal materials, and relevant secondary sources, focusing on topical practice materials, specialized electronic data-bases, and current awareness tools. Focuses on the research needs of students intending to pursue a law and science concentration.
LAW OFFICE MANAGEMENT 6243
An applicatory study of basic principles of being in business, location and organization of a law firm, office and law practice management functions and systems, technology and support services, and performing legal work efficiently and effectively.
LAW PRACTICE TECHNOLOGY 6222
This seminar will survey various technologies that practitioners may encounter during the course of legal practice, particularly in solo or small firm environments.
LAW REVIEW 7002
V1 - 2 hrs.
LAW, SCIENCE AND THE ENVIRONMENT 6048
V2 - 3 hrs.
Prerequisite: LAW 6327, Environmental Law (can be taken concurrently). This is an interdisciplinary course that will involve examining the role of science and scientists in formulating environmental law and policy as well as the legal practice context of mediation to litigation. The environmental attorney frequently works with scientific experts, and this course will provide students with an understanding of basic scientific concepts and allow them to explore how scientific knowledge can improve an attorney's effectiveness. The course will include reading and analyzing scientific papers on topics of toxicology, epidemiology, hurricanes, global climate change, hydrology, engineering and other environmental science fields, as well as cases involving environmental science.
LEADERSHIP FOR LAWYERS 6095
Addresses the art and science of leadership as it specifically applies to lawyers in their roles as legal advisors to leaders and as leaders in business and government.
LEGAL HISTORY SEMINAR 6241
This seminar is for students who are interested in a careful study of selected topics in American legal history. The seminar consists mostly of secondary course reading, class discussion based on reading assignments, and one short writing assignment. Discussion topics include such subjects as the Supreme Court, law of slavery, views of religion, and substantive due process (Lochner) civil liberties.
LEGAL RESEARCH FOR TRANSACTIONAL PRACTICE 6104
Focuses on the research needs of the business and transactional lawyer, including resources for corporate practice, taxation, securities, estate planning, and real estate practice. Students will become familiar with both primary sources of law and relevant secondary sources.
LEGAL RESEARCH AND WRITING FOR THE LL.M. STUDENT 6330
Introduction to legal analysis through objective and persuasive legal writing. Instruction in legal research strategy and in legal citation, Written assignments include memoranda and briefs.
LITIGATION WITH THE FEDERAL GOVERNMENT 6072
V2 - 3 hrs.
A study of the unique rules applicable to litigation with the federal government, including the roles of the Department of Justice and agency counsel; sovereign immunity, general and specific waivers of sovereign immunity, justiciability, and suits against federal officers, including representation of federal officials and their immunities from litigation and liability.
LOW INCOME TAX CLINIC I 7007
Prerequisites: LAW 6434, Income Taxation and 6357, Professional Responsibility. Students represent low-income taxpayers in resolving difficulties with the Internal Revenue Service.
LOW INCOME TAX CLINIC II 7008
Prerequisite: LAW 7007. A continuation of low income tax clinic.
MARITAL PROPERTY 6008
V2 - 3 hrs.
Property rights of husband and wife under the Texas community property system, including coverage of the law relating to homestead.
MASS MEDIA LAW 6051
Surveys the law of mass communications with references to print, radio, television, internet, and other forms of distribution. The subject matter includes defamation, invasion of privacy and the right of publicity, newsgathering, and other relevant topics.
MENTAL DISABILITY LAW LAW 6224
A study of various practical and theoretical aspects of law and psychiatry in the context of competency to stand trial, the insanity defense, rights of persons with mental illness or mental disability, civil commitment proceedings, discrimination issues, and related topics.
MERGERS AND ACQUISITIONS 6053
V2 - 3 hrs.
Prerequisite: Law 6435, Business Entities. This course examines the planning and execution of corporate mergers and acquisitions. While the doctrinal focus will be state corporate law, a number of other subjects pertinent to M&A transactions will also be touched upon, including securities, antitrust, tax, and accounting issues. Emphasis will be placed upon problems and exercises illustrating the nature and dynamics of transactional legal practice.
MILITARY CRIMINAL JUSTICE 6315
This course is an advanced critical study of the law pertaining to American military criminal justice, with the primary objective being the acquisition of an understanding of military criminal law as it is administered throughout the armed forces under the Uniform Code of Military Justice. A second objective of the course is to acquire an understanding of the historical development of our military justice system, and to understand the relationship of military justice to the laws of war and trials of persons by military commissions.
MINING LAW 6215
Explores all aspects of modern/current mining legislation and litigation and their impact on the mining industry in America. Topics to be covered include enabling legislation, safety, regulation, and other issues.
NAFTA AND FREE TRADE IN THE AMERICAS 6325
This course introduces students to the substantive legal, procedural, and institutional aspects of the North American Free Trade Agreement (NAFTA). Students will develop tools for transnational practice. Special attention will be given to methods of resolving disputes under NAFTA and to the controversies of environmental and labor law enforcement under the NAFTA Side Agreements. The course introduces students to concepts of free trade beyond the NAFTA by examining the prospects for future integrations and by comparing and contrasting the NAFTA with the World Trade Organization, the European Union, and the more recent Free Trade Agreement signed by the United States, which used the NAFTA as a template.
NANOTECHNOLOGY LAW AND POLICY 6307
This course will include an examination of the scope of nanotechnology as a science and as a commercialized application of science. In addition, the course will examine the legal, regulatory and policy aspects of this emerging technology. Few cases and few laws and ordinances specifically address nanotechnology, but every federal agency has developed a policy statement on its approach to regulation of nanotechnology in its jurisdictional area. Some agencies such as EPA and FDA are well into the aspect of regulation of nanotechnology using existing statutory and regulatory frameworks..
NATIONAL SECURITY LAW 6023
This course will address the allocation of foreign affairs powers between the state and national governments and the allocation of those powers among the three branches of the national government. Emphasizes the War Powers Act and the President's authority to project U.S. armed forces overseas without Congressional approval.
NEGOTIATION WORKSHOP LAW 6035
Development of negotiating skills used in settling litigation and negotiating transactions; use of negotiation skills, strategies, and techniques through simulation exercises.
NON-PROFIT ORGANIZATIONS 6312
Covers all the laws relating to non-profit entities. It includes legal requirements to obtain non-profit status and to obtain and maintain tax exempt status. It applies certain law, such as copyright and labor laws, to non-profit entities and considers specialized legal problems relating to particular non-profits, such as churches, schools, hospitals, political organizations, homeowner's associations, labor organizations, social clubs, trade and professional associations and cooperatives.
OIL AND GAS LAW I 6311
A study of the law of oil and gas with emphasis on the interests that may be created in oil and gas, the rights of the landowner, provisions in the oil and gas lease, the rights of assignees, and legislation dealing with production and conservation.
OIL AND GAS LAW II 6318
Prerequisite: LAW 6311. A study of the law of the transactions; related documentation; and the important jurisprudence, rules, regulations, and statues that govern many facets of oil and gas exploration and conservation. This course also covers legal issues and transactions relating to the exploration, production, and marketing of petroleum worldwide.
PARTNERSHIP TAXATION 6313
Prerequisite: LAW 6434. A study of the tax consequences of formation, operation, and liquidation of partnerships.
PATENT LAW 6050
Devoted to fundamentals of patent law; patentable subject matter, novelty, nonobviousness, and utility as well as content requirements for a patent application, infringement, defense, and remedies.
PRETRIAL LITIGATION 6274
This course concerns civil pretrial litigation according to Federal or Texas Rules of Civil Procedure. Assignments will include drafting of pretrial documents, taking depositions, and arguing motions.
PRODUCTS LIABILITY 6276
A comprehensive study of the civil action for harm resulting from defective and dangerous products, including the historical development of this theory of liability and its component parts, the problems concerning vertical and horizontal privity, defectiveness, proof, available defenses, damages, and remedies.
PUBLIC HEALTH LAW 6017
This course provides an overview of fundamental public health law principles by looking at such topics as immunization, infectious disease, quarantine, newborn screening, organ transplantation, clinical drug trials, medical surveillance, correctional health, and international health interventions. Students will also explore the ethical, policy, economic, and human rights dimensions of these issues.
PUBLIC INTERNATIONAL LAW 6342
An introductory course in international legal studies, with attention given to recognizing, analyzing, and solving international law problems in the areas of international military intervention, sociopolitical rights, economic development and well-being, and environmental protection. Special emphasis is focused on the sources of international law and the manner in which it is changing to meet the demands of the future.
RACE AND RACISM 6073
V2 - 3 hrs.
This course addresses the many and various ways in which race and the law intersect and interact. Topics range from affirmative action to interracial adoption.
REAL PROPERTY FINANCE AND TRANSACTIONS 6304
A study of residential and commercial real estate transactions. Topics of discussion will include: negotiating the purchase and sale contract, methods of title assurance; the secondary mortgage market; land acquisition and development loans; various mortgage instruments and alternatives such as adjustable rate mortgages, wrap around mortgages, leasehold mortgages, purchase money mortgages, sale and lease backs, and contracts for deed; tax considerations in real estate transactions; shopping centers; condominiums; and cooperatives.
REGIONAL EXTERNSHIP 6026
Offers students the opportunity to experience a public interest, government, or general counsel's office of law or law-related practice during either the fall or spring semester. Students work in an externship placement observing and participating in legal work as well as participating in professional bar activities. The course includes a classroom component.
REGULATION OF HUMAN SUBJECT RESEARCH 6013
V2 - 3 hrs.
This course will consider the legal regulation of ethical principles that govern human subject research both in the U.S. and overseas.
This course is composed of a combination of legal subjects and deals with the questions and answers concerning what one expects a court to do after a plaintiff prevails on the merits. Several possible remedies might arise from the same set of facts or a claim. Remedies almost always involve issues of discretion: discretion for the judge in fashioning an equitable remedy, discretion for the jury in assessing damages, and discretion of lawmakers in setting the boundaries for these decisions.
V1 - 2 hrs.
SECURITIES REGULATION LAW 6028
V2 - 3 hrs.
Prerequisite: LAW 6435, Business Entities. This course covers the basics of federal securities regulation. Focusing on the two principal securities statutes, the Securities Act of 1933 and the Securities Exchange Act of 1934, we will examine a range of topics including the public company disclosure regime (as amended by the Sarbanes-Oxley Act of 2002); the initial public offering (IPO) process; offerings exempt from registration; secondary distributions; securities fraud; and forms of liability.
SKILLS DEVELOPMENT 7004
V1 - 4 hrs.
SPACE LAW 6323
Space law is the body of law that applies to space related activities. It has roots in law beginning in the 1800s to more recent analogous law of Antarctica. Domestic law, international law governing international relations, cooperative science, exploration and commercial activities will be covered in this course.
SPORTS LAW 6255
A study of the law as it affects professional and amateur sports. It probes the relationships among the leagues, the individual clubs, the players' unions, and the athletes. Topics covered are players' contracts, arbitration, remedies, antitrust issues, labor exemptions, discipline of players and clubs, collective bargaining, liability for injuries, amateur athletics, and NCAA problems..
STATE AND LOCAL TAXATION 6049
V2 - 3 hrs.
Prerequisite: LAW 6434, Income Taxation. A study of fundamental state and local taxation issues, including federal constitutional restrictions on state taxation of interstate businesses, use tax collection responsibilities, and state tax procedure.
SUPREME COURT SEMINAR 6096
V2 - 3 hrs.
This seminar will explore constitutional law and appellate advocacy. Students will act both as appellate advocates, arguing cases currently pending in the Supreme Court, and as Supreme Court justices, adjudicating those cases. In their roles as Supreme Court justices, students conduct case conferences and draft bench memoranda and judicial opinions. The course is designed both to develop skills and to examine in depth current issues in constitutional law, Supreme Court decision-making in constitutional and other types of litigation, and the Supreme Court as an institution in the legal system and society.
TAX PRACTICE AND PROCEDURE 6324
This course is designed to teach students how to represent both those clients who have tax problems and those who are in competition with the Internal Revenue Service for a debtor's money. The course focuses on subtitle F of the Internal Revenue Code. Students will learn the rules for how the IRS acquires information and determines taxes, what the IRS must do to make legal assessment of taxes, and what the limits are to the IRS's lien and levy powers (as well as the difference been liens and levies). Students will learn how the IRS is structured and which IRS officers can best help clients.
TAXATION OF INTERNATIONAL TRANSACTIONS 6012
V2 - 3 hrs.
Prerequisite: LAW 6434. This course addresses the tax consequence of international transactions. It will provide the student with a basic introduction to corporate and individual international taxation. It includes a discussion of major concepts relating to the taxation of U.S. citizens, residents, and domestic corporations on their foreign source income and the taxation of nonresidents and foreign corporations on their .S. source income. The course includes a discussion of the effect of tax treaties on the taxation of international transactions and rules preventing double taxation of foreign source income.
TELECOMMUNICATIONS LAW AND POLICY 6014
Examines the law governing telecommunications a well as policy considerations underlying that law. Topics may include, among others, regulation of the internet, broadband access, telephone, cable, and satellite.
TEXAS ADMINISTRATIVE LAW JOURNAL 7003
V1 - 2 hrs.
Students working on the Texas Administrative Law Journal will be permitted to receive course credit and satisfy the advanced writing requirement under the same rules as allowed for Law Review.
TEXAS ADMINISTRATIVE PRACTICE 6209
A study of Texas administrative practice and procedure with an examination of the powers and procedures common to Texas state agencies, the rulemaking and adjudication processes employed by those agencies, and judicial review of state agency decision - making.
TEXAS BANK LAWYER 7005
V1 - 4 hrs.
Students working on the Texas Bank Lawyer may be awarded 1 hour of credit during the spring term for each year of service by the student on the editorial board. The two principal editors will be permitted to earn 1 additional credit per semester of service in such capacity up to a maximum of 4 hours of credit.
TEXAS CRIMINAL PROCEDURE 6310
Prerequisite: LAW 6339, Criminal Procedure. The law regulating the Texas criminal process from arrest through post-conviction review with an emphasis on its unique characteristics.
TEXAS ESTATE ADMINISTRATION 6253
Prerequisite: LAW 6415, Wills and Trusts. This course provides comprehensive coverage of what happens after a person dies to provide the decedent's successors in interest with proof that they are now the new owners of the decedent's property and pay creditor and others with claims against the decedent or the decedent's property.
TEXAS JUVENILE LAW 6207
The course provides a general introduction to all stages of the juvenile justice system in Texas. Students will study Title 3 of the Texas Family Code and relevant case law as the basis for Texas juvenile law. Topics will include juvenile arrest, intake, detention, discretionary transfer, adjudication, dispositional alternatives, modification, confessions, waivers and determinate sentencing. Coverage includes the differences between the adult and juvenile justice process and the philosophy of a separate juvenile system.
TEXAS LAND TITLES 6250
Contracts for sale of land; forms of deeds; descriptions; warranty and other covenants of title; escrows; recording statutes; practice in drafting; acquisition of title to land through adverse possession.
TEXAS LEGAL RESEARCH 6102
This course focuses on the resources and methodology used in performing legal research in Texas.
TEXAS PRACTICE 6223
A survey of Texas real property, oil and gas, Texas family law, and marital property, with a heavy emphasis on writing under timed conditions. Enrollment at instructor's discretion and limited to 20 students.
TEXAS PRETRIAL PROCEDURE 6037
V2 - 3 hrs.
A study of the Texas law in civil cases pertaining to subject matter jurisdiction within the state system, jurisdiction of persons and property, pleadings, venue, parties, effects of prior adjudications, attacks on final judgments, discovery, and disposition without trial.
TEXAS TRIAL AND APPELLATE PROCEDURE 6314
A study of the Texas law in civil cases pertaining to trial and appellate procedure concerning the jury, presentation of the case, motions for instructed verdict, the court's charge, the verdict, trial before the court, post-trial motions and procedures, final and appealable judgments, appellate jurisdiction, perfection of appeal, the courts of appeals, the Supreme Court of Texas, and original proceedings in appellate courts.
TRADEMARKS AND UNFAIR COMPETITION 6034
A study of basic principles or unfair competition, focusing on state and federal trademark law. Topics include protectability, the acquisition of rights, registration, infringement, dilution, and cybersquatting.
TRANSACTIONAL PRACTICE 6016
Prerequisites: Law 6435, Business Entities and Law 6434, Income Taxation. The course will use case studies, problems, and simulated negotiation and drafting exercises to teach students skills that transactional lawyers possess by focusing on business and tax issues that arise during the formation, operation, and disposition life cycle of businesses. The course will emphasize planning traps and creative planning strategies as well as proper techniques for drafting and negotiating business agreements. Students will learn how to help clients make business decisions. Students also will develop an awareness of the impact of tax law on business decisions. Enrollment is limited to 20 students.
TRIAL ADVOCACY 6047
Prerequisite: LAW 6416, Evidence. A practical course involving demonstrations and student practice in all aspects of the trial of civil and criminal cases which provide significant opportunities for jury persuasion, instructor analysis and commentary respecting student performance and evaluation of trial tactics.
WATER LAW 6027
V2 - 3 hrs.
A study of private law systems for allocating water among users, the public law systems of allocation, groundwater management, development of new water supplies, interstate disputes, and water pollution.
WIND ENERGY LAW AND POLICY 6205
Wind energy is one of the renewable energies that contribute to reducing the use of fossil fuels. More than 3 per cent of Texas' energy is supplied by wind energy, and it is the fastest growing energy sector in the U.S., with Texas the leading state in megawatts produced. This emerging technology has raised new and unique legal issues and a growing legal practice area. This course will include a contextual survey of the societal effects, benefits, and science and technology of wind energy; application of property law, water law, oil and gas law, environmental law, natural resource law, energy law, tribal law, and aviation law as they apply to wind energy; the federal role in developing and regulating wind energy; state, local, and private sector regulatory roles; and global approaches to wind energy law.
Address:Texas Tech Downtown Center Room 220