This is a two-hour course that focuses on advanced legal research and writing throughout the litigation and appeals process.  In addition to mastering new materials in these areas, you will also draw upon and perfect the research and writing skills that were covered in Legal Research & Writing I.  I reserve the right to alter this syllabus and the assignments and assignment due dates as circumstances warrant.  You will, however, receive reasonable notice of any such changes.

Texts And Other Readings:

The texts in this course are Amy E. Sloan, Basic Legal Research (2d ed. 2003) "Sloan 2" or (3d ed. 2006) "Sloan 3" and  Michael D. Murray and Christy DeSanctis, Adversarial Legal Writing and Oral Argument (2006). You will also need a copy of  The Bluebook:  A Uniform System of Citation (18th ed.) and of Texas Rules of Form (11th ed. 2006).

Internet Sites:

Because internet legal research is increasingly supplementing, if not totally supplanting, traditional paper reference sources, I have assigned a number of key on-line resources for you to surf.  The course syllabus on my faculty home page provides direct links to these sites.

Office Hours:

Feel free to drop by my office whenever the door is ajar during regular business hours.  You may also make a specific appointment or telephone me at the office or at home.

Attendance

Although school policy allows two absences in this course, I strongly advise you to make every effort to attend.  A third absence results in being dropped for excessive absence and receiving a "WF."  I will take roll. If you miss a class, you are responsible for any material covered and announcements made during that class.  Assignments are still due on the specified dates, notwithstanding your absence.

Assignments And Grades:

Your grade will be based on a summary judgment problem (30%) and on an appellate brief (70%).  Failure to meet the deadline for either the summary judgment problem or the appellate brief will result in a grade of "WF" for the course.  You will not be permitted to withdraw with a grade of "W" if you fail to meet the deadline.  I will not grant an extension of the deadline absent extraordinary circumstances, adequately documented, such as your hospitalization or the death of a close family member.  Computer problems and transportation delays are not considered sufficient reasons for an extension of time.  Accordingly, you are advised to have backup plans in case of a computer or traffic emergency.

An "F" grade on either the summary judgment problem or the appellate brief will result in an "F" for the entire course.

In addition to completing these graded written assignments, you are also required to participate in oral argument on your appellate brief and to complete a number of ungraded writing assignments and legal research exercises.  Because I consider class preparation and participation to be essential elements of the course, I will call on you at random.  Up to two letter grade increments (e.g., grade lowered from B to C+) may be deducted from your grade for deficient class participation.  Class participation includes satisfactory and timely completion of all ungraded exercises.

  Week 1

January 16/17

1.    Introduction; the lawyer's obligations and responsibilities.

            Reading:   Review Sloan "2" or "3," chs. 1, 3, 4, 6. 

                            Texas Lawyer's Creed

2.  Analyzing legal problems and finding the law.

Week 2

January 23/24

Assignment Due:    Research and Writing Exercise.

1.    Review of  citation form.

2.   Advanced legal research:  Model and uniform laws; court rules.

            Reading:    Sloan "2," pp. 45-47 or Sloan "3," pp. 48-50.

Week 3

January 30/January 31

            Reading:     Murray & DeSanctis, ch. 1.      

3.   The client interview.

1.   Computer-assisted legal research:  Lexis and Westlaw.

February 20/21

1.    Pretrial motions:    summary judgment.

            Reading:   Murray & DeSanctis, Chapter 4.

                             David Hittner & Lynne Liberato, Summary Judgments in Texas,
                             34 Houston L. Rev. 1303 (1998). 

                              Fed. R. Civ. P. 56. 

                              Tex. R. Civ. P. 166a.

2.    Drafting a response to a motion for summary judgment.

Week 7

February 27/February 28

1.    Drafting a response to a motion for summary judgment.

            Reading:   Murray & DeSanctis, ch.2, pp. 7-50.

2.    Advanced legal research:  legislative history.

            Reading:  Sloan "2" or "3," ch. 7.

            Surfing:    Thomas:  U.S. Congress on the Internet.
                            CIS Congressional Universe.
                            Texas Legislature Online.
                            Texas Legislative Research Library.

Week 8

March 5/6

Assignment Due:   Summary judgment response (at beginning of class).

3.   Drafting the Appellate Brief:  Overview of the structure of the Argument.

1.   Advanced legal research:    administrative law.

            Reading:  Sloan "2" or "3," ch. 8.

            Surfing:    Code of Federal Regulations.
                            Federal Register.
                            Texas Administrative Code.
                            Texas Register

2.    Drafting the appellate brief:  Statement of the Case; Statement of Jurisdiction; Issues Presented.

Week 12

April 2/3

2.   Editing the appellate brief.

Week 13

April 9/10

1.   Final appellate brief review.

2.   Advanced legal research:  international law.  
 
            Surfing:    American Society for International Law.
                            International Court of Justice

April 16:   APPELLATE BRIEF FOR SECTION (M) DUE IN REGISTRAR'S OFFICE NO LATER THAN 5:00 P.M.

April 17:    APPELLATE BRIEF FOR SECTION (N) DUE IN REGISTRAR'S OFFICE NO LATER THAN 5:00 P.M.  

Week 14

April 16/17

1.     Preparing for oral argument.

2.    Oral argument (continued).

            Reading:     Murray & DeSanctis, ch. 7.

April 18-28: Oral Arguments (approximate dates).

Week 15