ACCOUNTING FOR LAWYERS: Two semester hours credit. Normally offered in the fall.
Introduction to accounting basics, the debit and credit double entry bookkeeping system, deferral and accrual, and financial statement analysis. These topics are discussed in the legal contexts in which an attorney may use accounting information to advise clients or to litigate financial issues. Lawyers' responses to auditor's inquiries and liability for misleading financial statements also will be covered.
ADMINISTRATION OF ESTATES & GUARDIANSHIPS: Two semester hours credit. Normally offered in the fall.
Prerequisite: Wills, Trusts and Estates
A study of the Texas Probate Code as it relates to the probate of a decedent's will and the appointment of a personal representative. A step-by-step study of the procedure necessary to complete the administration of an estate, including filing and inventory, creditor's claims, annual accountings, determinations of heirship and closing the estate.
ADMINISTRATIVE LAW: Three semester hours credit. Normally offered twice a year.
Organization and procedure of federal and state administrative agencies; boards and bureaus; distinction between legislative, executive and judicial powers; delegation of powers; requirements of due process; constitutional limitations; and judicial control over administrative agencies are among the topics covered.
ADMIRALTY: Three semester hours credit. Normally offered once a year in the fall.
Origin and history; jurisdiction; relationship of federal and state law; practice and procedure; claims of seamen, longshoremen and harbor workers; liens and mortgages; cargo damage claims; charter parties; salvage; general average; collision and limitations of liability.
AGENCY & PARTNERSHIP:Three semester hours credit. Normally offered in fall and spring.
Relationship of principal agent scope of representation; liability of the principal in tort and contracts for acts of agents; tests of partnership; formalities of partnership agreement; liabilities of partners to outsiders; joint ventures; limited partnerships; partnership property; priorities among creditors; and dissolution.
ALTERNATIVE DISPUTE RESOLUTION: Two semester hours credit. Normally offered in the fall.
Negotiation and settlement, mediation, arbitration and administrative process, mini-trials and court annexed arbitration are the focus of this course. Non-judicial process will be considered, but not the grievances arising under collective bargaining agreements. Primary emphasis will be on the procedural aspects and negotiation technique relating to various types of dispute resolution.
AMATEUR SPORTS LAW:Two semester hours credit. Normally offered in the spring.
This course covers various amateur sports law issues and focuses on regulation of interscholastic, intercollegiate, and Olympic sports. Topics covered include constitutional law, tort law, contract law, Title IX gender discrimination laws, the legal characterization of college athletes, regulatory authority of the National Collegiate Athletic Association, antitrust law, international law affecting Olympic sports, trademark and unfair competition law, and regulation of private sports associations. Antitrust Law is a recommended, but not required prerequisite for this course.
ANTITRUST LAW: Three semester hours credit. Offered periodically.
The course will focus on governmental regulations pertaining to monopolies, restraint of trade, antitrust, enforcement, price-fixing, price discrimination, mergers, and other like areas of prohibited or regulated business practices.
BANKING LAW: Two semester hours credit. Offered periodically.
State and federal regulations on banks, with thrifts and other financial institutions to be introduced on a comparative basis. In addition to traditional matters (restrictions on entry, financial stability, collateral activities and holding companies), the course will also discuss the evolving financial services industry and the erosion of market compartmentalization.
BUSINESS BANKRUPTCY: Three semester hours credit. Normally offered in the spring.
The major business bankruptcies and reorganizations of the 1990s have demonstrated that almost every lawyer may be confronted with the consequences of a bankruptcy. A client's supplier, customer, borrower, lender, landlord, or tenant may be contemplating bankruptcy; or the client itself may need to consider whether bankruptcy provides the appropriate forum for solving its own business problems. This course is designed not only for those interested in bankruptcy practice, but also for those who anticipate that their practice will involve structuring commercial transactions or litigating business disputes. It concentrates on the practical consequences and policy issues implicated when business entities file for bankruptcy. It explores the shifting and competing interests among different parties affected by bankruptcy - questions like what creditors can do to get paid as much as possible, how to accommodate the competing interests among different classes of creditors, what effect bankruptcy will have on shareholders and other equity interests, and whether the government can spread the cost of the debtor's failure to comply with regulatory policy. Prior or concurrent enrollment in Secured Transactions and Corporations is helpful, but neither course is required. Students may take both this course and the Consumer Bankruptcy and Debt Collection course; there is very little overlap.
BUSINESS PLANNING: Two semester hours credit. Normally offered in the spring.
Consideration of alternative approaches to the formation, operation, sale, and dissolution of business entities, including the financial, taxation, accounting and securities regulation aspects thereof. Among the subjects examined are: formation of closely held and public corporations; capital structure, allocation of managerial control: employment arrangements with key personnel; restrictions on transferability of stock; dividends and other corporate distributions; transfers of control; corporate acquisitions, sales, mergers and liquidation's.
CIVIL RICO & BUSINESS FRAUD:Two semester hours credit. Offered periodically.
A litigation oriented course focusing on liability under the Racketeer Influenced and Corrupt Organizations Act, securities fraud, lender liability, the duty of good faith and fair dealing, and the imposition and avoidance of sanctions in litigation involving these theories.
CIVIL RIGHTS ACTIONS: Two or three semester hours credit. Normally offered in the spring.
Prerequisite: Constitutional Law.
An examination of the actions, defenses and remedies available to protect rights secured by the Constitution of the United States to individuals. The course will emphasize actions under 42 U.S.C. Section 1983 and related statutes. Topics of current interest will also be studied.
CIVIL RIGHTS OF DISABLED PERSONS:Two semester hours credit. Normally offered once a year in the spring
Consideration of the rights and remedies available to disabled persons and the duties imposed by law on employers, schools, housing authorities, businesses, public accommodations, transportation, communications and other public services. In addition to addressing the substantive law, a significant amount of the course will be devoted to procedural aspects of the laws protecting disabled persons, certain tactical aspects of conciliation and litigation, and the practical considerations in enforcing disability rights.
CLEAN AIR ACT: Two semester hours credit. Offered periodically.
This course covers the Federal Clean Air Act (FCAA) with significant emphasis on the Clean Air Act Amendments of 1990. The class will provide a working knowledge of the structure of the FCAA and an understanding of the diversity of the types and sources of air pollution governed by the FCAA. After providing a framework of the scope of the areas covered by the Act, the course will review in depth, each major CAA titles (as modified by the 1990 Amendments) and the significant rule makings, case law, guidance and policies implementing and interpreting such titles.
COMPARATIVE LAW: Two semester hours credit. Normally offered in the spring.
An introduction to contemporary legal systems in other nations, with emphasis on civil law, code-type jurisdictions (Europe and Latin America). Administration of justice and substantive law in those foreign jurisdictions, in both civil and criminal matters, will be surveyed, including sources of law, approaches, techniques and institutions utilized by them.
COMPARATIVE LEGAL SYSTEMS: Two semester hours credit. Offered periodically.
This course focuses on the relationship of differing legal traditions and legal systems with each other. Students examine the legal structures, the role of the courts and lawyers, the sources of law, and the judicial processes of civil law. common-law, and mixed legal systems in the light of historical and cultural influences affecting each system. The course brings together, in an international and comparative law context, elements of legal history, legal method, legal profession, and jurisprudence. The course differs from Comparative Law, which focuses more on substantive differences among European, Latin American, and other countries' laws.
COMPLEX LITIGATION: Three semester hours credit. Offered periodically.
Consideration of the special problems encountered in complex litigation. Topics include permitted, required, and forbidden party joint issues: the problem of parallel litigation, including consolidation of separate actions, transfers between federal courts, parallel federal and state lawsuits, and multidistrict litigation transfers: class actions, including general requirements for a class action, defendant classes, and class-wide and individual remedies; discovery issues; judicial control of litigation, including selecting lead counsel, attorney's fees, and sanctions; former adjudication issues, such as claim preclusion and issue preclusion; and alternatives to litigation, such as non-judicial processes or mini-trials and other judicial devices.
COMPUTERS & LAW / INTRODUCTION: One semester hour credit. Normally offered in the fall, spring and summer. Enrollment limited by computer availability.
An introduction to computers and their applications. The course is designed to teach students with little or no computer knowledge the skills needed for utilizing computers in law school and in the practice of law. Students will be introduced to the computer and its operating system, and taught the skills necessary to effectively use word processing, spread sheet and database programs.Each student will be taught realistic, law related applications from these programs. Four or five projects and a weekly one-hour lab are required throughout the semester. No final examination will be given.
COMPUTER LAW: Two semester hours credit. Normally offered in the fall.
Prerequisite: Contracts II, Torts II and Criminal Law are recommended.
This course examines the law regulating the computer industry. Topics covered include intellectual property issues (copyright, patent and trade secret), contract, sales and warranty issues, computer crimes, computer torts, privacy and selected topics from international trade, licensing and taxation.
CONFLICT OF LAWS:Three semester hours credit. Normally offered in the fall and spring.
A survey of traditional and contemporary approaches to the law relating to transactions having elements in more than one state or country. Topics include domicile and residence; bases of jurisdiction of courts, sister states, the federal system and foreign countries; the choice of law rules developed and applied with respect to torts, contracts, property, domestic relations, and corporations; and recognition and enforcement of sister state and foreign country judgments. A short survey of European approaches is also included.
CONSUMER BANKRUPTCY & DEBT COLLECTION: Three semester hours credit. Normally offered in the fall.
This course focuses on the legal and policy issues raised in personal bankruptcy and debt collection. A number of law school courses teach theories of action and procedure to obtain a judgment for money damages against a defendant. This course examines procedures to collect that money judgment. Mostly a matter of state law, these procedures include garnishment, execution on judgments, sequestration, judgment liens, turnover orders, judicial sales, and discovery in aid of collection. The course then examines consumer bankruptcy law and policy, both from the standpoint of the creditor seeking to collect a debt from an individual in bankruptcy and from the standpoint of the debtor seeking relief from debt. Chapter 7 liquidation bankruptcies and Chapter 13 individual reorganization bankruptcies are studied and compared. The course is designed for those who will represent creditors as a part of a business or commercial law practice, as well as for those who will represent individual debtors. The course also examines such practical questions as structuring divorce and property settlement decrees and tort judgments to withstand bankruptcy discharge. Thus, it will be instructive for students who intend to practice bankruptcy law as well as personal injury, family practice, marital law, estate planning, debt collection, and business transactions. Prior or concurrent enrollment in Secured Transactions is helpful but not required. Students may take both this course and the course in Business Bankruptcy, as the overlap is minimal.
CONSUMER TRANSACTIONS: Three semester hours credit. Normally offered in the fall.
Survey of statutory consumer protection and remedies afforded by both state and federal law, including Texas Deceptive Trade Practices Act, consumer credit, tenant's remedies against landlord, truth-in-lending, unfair methods of competition, restrictions on garnishment, credit reporting agencies, equal credit opportunity and debt collection practices.
COPYRIGHT LAW:Three semester hours credit. Normally offered in the fall.
The protection of literary and other intellectual property including art, music, commercial design, computer products, and other forms of expression, with primary emphasis upon the Copyright Act of 1976; study of copyright-able subject matter, the scope of protection, remedies, fair use and other defenses, the effect of developing technologies, relayed state and federal theories of protection, the preemptive effect of the federal act and international protection.
CORPORATE & WHITE COLLAR CRIME: Three semester hours credit. Normally offered in the fall.
An examination of the issues and major federal statutes commonly associated with corporate and white collar prosecutions, including such topics as mail fraud, conspiracy, money laundering, "RICO", criminal liability of corporations and corporate executives, and the jurisprudence of white collar crime. Some attention will be given to major parallel state provisions.
CORPORATE COUNSEL REVIEW: One semester hour credit. Normally offered in the fall, spring and summer.
Prerequisite: Completion of the first 30 hours of required courses. Prior experience in legal scholarship or Law Review recommended. It is the student's responsibility to officially register for Corporate Counsel Review through the Registrar's Office. This must be done during the semester of eligibility. No retroactive approval will be granted.
The Review is the official publication of the Corporate Counsel Section of the State Bar of Texas. Each semester the assistance of three to nine student editors is required in the solicitation, editing and composition of timely contributions that are of direst usefulness to corporate counsel. Participation is limited to those students who have completed at lease 30 hours of course work and have received approval of the faculty advisor. Additional information about membership is available from the Corporate Counsel Review office.
Candidates are encouraged to indicate their interest at the offices of the Corporate Counsel Review. Selection is based upon merit, interest, writing ability and editing skills. Students may enroll more than one time for one semester hour not to exceed three semester hours total. Due to anticipated workload requirements, it is recommended that candidates have previously completed their Law Review writing assignments. Staff meets regularly. Graded honors pass, pass or fail.
N.B.: There is an aggregate maximum of six (6) hours credit for students taking credit hours in two or more of these four different courses: Moot Court Competition, Law Review, Corporate Counsel Review and International Trade Law Journal
CORPORATE FINANCE LAW: Three semester hours credit. Offered periodically.
Legal aspects of financing business enterprises including the legal problems of the public issue of securities, private debt, revolving lines of credit and venture capital. Asset and stock acquisitions will be considered, along with corporate merger and reorganizations.
CORPORATE TAXATION:Three semester hours credit. Normally offered once a year in the spring.
Prerequisite: Federal Income Taxation.
Examination of federal income taxation law involved in the formation, capital structure, non-liquidating contributions of cash and property, redemption's and partial liquidation's, stock dividends and their ongoing consequences, sales and complete liquidation's of Subchapter C Corporations, and utilization of such corporations as tax avoidance vehicles.
CORPORATIONS: Three semester hours credit. Normally offered in fall, spring and summer.
The formation of corporations with some emphasis on the Texas Business Corporations Act. Topics include statutory methods of creating business corporations, corporations defectively formed, pre-incorporation transactions, creation and nature of shares of stock, rights and duties of stockholders, internal organization and management, corporate credit obligations, dividends and earnings, corporate creditors, state and federal regulations on issuance of corporate securities, dissolution of corporate entities and the means and methods of taking corporate action.
CRIMINAL PROCEDURE: Four semester hours credit. Normally offered fall, spring and summer.
Federal and Texas criminal procedure, including the law assigning and defining authority and regulating the methods of administration of the substantive law, arrest, stop and frisk, search, confessions, identifications, preliminary hearing, bail, indictment, plea bargaining, venue, discovery, trial and appeal.
CURRENTS:See International Trade Law Journal.
DAMAGES:Two semester hours credit. Offered periodically.
Elements and measurements of damage in torts, contract, eminent domain and restitution with emphasis on the procedural aspects of damage litigation, special damages, punitive damages, the doctrine of avoidable consequences and other relevant topics.
EMPLOYEE RIGHTS & RESPONSIBILITIES:Two semester hours credit. Offered periodically
An examination of employment-related issues from the employee's perspective. Topics will be selected for their current relevance and importance to the employment relationship.
EMPLOYMENT DISCRIMINATION:Two semester hours credit. Normally offered in the fall.
Course covers federal employment discrimination law, including Title VII of the 1964 Civil Rights Act, Reconstruction Civil Rights Acts, executive orders dealing with employment discrimination, the Equal Pay Act and the Age Discrimination Employment Act.
ENVIRONMENTAL LAW:Three semester hours credit. Normally offered fall and spring.
An introduction to the statutory and common law impacting pollution control and environmental protection. Emphasis is on federal legislation, such as the National Environmental Policy Act, the Clean Air Act, the Clean Water Act. The Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act.
ENVIRONMENTAL LAW - CRIMINAL SANCTIONS:Two semester hours credit. Offered periodically.
An introduction to environmental enforcement generally with focuses on prosecution and defense of environmental crimes under federal statutory provisions which criminalize violations of federal laws such as the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act, when such conduct meets some threshold criteria of knowledge. The course will touch on specialized areas which have been raised in the context of environmental crimes such as double jeopardy because of the persuasiveness of both civil penalties and criminal sanctions in environmental law suspension and debarment from governmental contracts. The United States Sentencing Guidelines are also dealt. with.
ESTATE & GIFT TAXATION:Three semester hours credit. Normally offered in the fall.
Prerequisite: Federal Income Taxation; Wills, Trusts & Estates.
An in-depth examination and analysis of the Internal Revenue Code, regulations, rulings, and case law governing intervivos and testamentary gratuitous transfers, and the interrelationship among the federal gift, estate, and generation-skipping transfer tax statutes.
ESTATE PLANNING:Three semester hours credit. Normally offered in the spring.
Prerequisite:Federal Income Taxation; Wills, Trusts & Estates, and Estate and GiftTaxation.
Deals with practical aspects of estate planning, with the following major objectives: first, necessity for counsel to possess thorough understanding of client's objectives relating
to family and property, size and composition of client's assets and liabilities, and for counsel to address practicality of drafting instruments to accomplish those objectives under state law; second: planning of testamentary documents for net estates expected not to exceed $2,000,000, including use of bypass trusts and marital deduction trusts; third: planning of testamentary documents for larger estates, including generation-skipping, and use of charitable gifts; fourth: consideration of reduction of size of probate estate through intervivos transactions designed to accomplish objectives of client; fifth: use of postmortem options; and sixth: review and consideration of selected types of transactions currently in use by the practicing bar.
EUROPEAN COMMUNITY LAW: Two semester hours credit. Normally offered in the spring.
This course analyzes the political and legislative processes of the European community, including the "Constitution" of Europe and the powers vested in the European Commission, the Counsel of Ministers, the Parliament, and the Court of Justice.
FAMILY LAW:Three semester hours credit. Normally offered in the fall, spring and summer.
Problems of the family, including marriage, termination of the marital status, the parent-child relationship, illegitimacy and adoption.
FEDERAL COURTS: Three semester hours credit. Normally offered in the fall and spring.
History and development of the federal judicial system; jurisdiction, venue, practice and procedure in the federal courts; original and removal jurisdiction and procedures; relations between state and federal judicial systems and procedures; federal appellate jurisdiction and procedures; original and appellate jurisdiction of the U.S. Supreme Court.
FIRST AMENDMENT LAW: Two semester hours credit. Normally offered in the fall and spring.
The course focuses on the law related to the First Amendment of the United States Constitution. Topics include constitutional protections relating to the freedom of speech, and the press; the free exercise of religion; the establishment clause; and the freedom of association. Special constitutional rules governing special categories of speech, such as advocacy of illegal conduct, fighting words, libel, obscenity and child pornography, speech by government employees on matters of public concern, and commercial speech are also covered.
HOSPITAL LAW: Two semester hours credit. Normally offered in the spring semester.
The course encompasses commercial, corporate and tort aspects of the work of in-house counsel for hospital and health care institutions, with emphasis on business issues of hospital law. Some emphasis is given to risk management, quality assurance and bioethical questions.
INSURANCE: Two semester hours credit. Normally offered once a year.
Property, liability, suretyship, life and accident, and marine insurance contracts; governmental control and regulation; risk, concealment, warranties, representations; waiver and estoppel; subrogation; and cancellation of insurance contracts. Insurance problems arising out of the operation of automobiles are given particular emphasis, such as no-fault insurance, uninsured and under insured motorists' coverage.
INTELLECTUAL PROPERTY SURVEY:Two semester hours credit. Normally offered once a year.
Requirement: Students who have completed or would be concurrently enrolled in Copyright Law, Patent Law, or Trademarks & Unfair Competition mayenroll in this course only with prior approval from the Professor or theAssistant Dean and Registrar.
This course presents an overview of the basic principles of intellectual property law and includes brief coverage of trade secret, trademark, patent, and copyright fundamentals. Some time will be devoted to possible justification for intellectual property generally as well as the differences that mark the various legal protections available for products of the mind. The course is intended primarily for those students who would not otherwise make the intensive study of intellectual property part of their academic or career plan.
INTERNATIONAL BUSINESS TRANSACTIONS:Three semester hours credit. Normally offered in the spring.
Survey of legal problems encountered in international trade and foreign direct investment; analysis of international sales contracts and licensing agreements. Overviewof international trade and financial institutions - G.A.T.T, II.M.F., World Bank - U.S. government programs to facilitate American foreign trade and investment; special legal problems in doing business with lesser developed countries and the socialist bloc countries.
INTERNATIONAL CIVIL LITIGATION:Three semester hours credit. Normally offered in the spring.
Deals with issues of dispute resolution when the parties involved are U.S. citizens and foreign subjects or foreign government agencies. The course considers such topics in the U.S. courts when a foreign party is involved (i.e., jurisdiction [personal and subject matter, service abroad, discovery abroad); constraints on U.S. adjudication (Foreign Sovereign Immunities Act and Act of State); enforcement of foreign judgments and international arbitration.
INTERNATIONAL CRIMINAL LAW & PROCEDURE: Two or three semester hours credit. Offered periodically.
This course focuses on aspects of international criminal law and procedure. Among topics which may be considered are basic international law concepts, such as individual responsibility and group or state responsibility; international crimes, such as war crimes, crimes against humanity, genocide, terrorism, human rights, piracy, drug offenses, and counterfeiting and money laundering; prosecutorial concerns, such as jurisdiction, extradition, evidentiary limitations, and multinational cooperative crime detection; and proposals for a permanent international criminal court, with the structure, procedural safeguards, and rules of evidence which are applicable or desirable.
INTERNATIONAL ENVIRONMENTAL LAW:Two semester hours credit. Offered periodically.
This course examines topics in environmental law from an international law perspective. Problems considered in the course include such topics as the global environmental perspective; problems in protecting the atmosphere, the lithosphere, and the biosphere; population control and environmental impact; and the future of international environmental law.
INTERNATIONAL LAW: Three semester hours credit. Normally offered in the fall.
Introduction to the nature and sources of international law, including such topics as the jurisdiction of States; the law governing the making, interpretation, application and termination of treaties and agreements; recognition of States and governments; territory of States; nationality of persons and corporations; State immunities from jurisdiction and control; extradition; international claims (including expropriation law); the use of force; the law of war; the law of the sea; the United Nations; international adjudication, including the International Court of Justice ("World Court"); and the evolving law of human rights. International economic law is briefly surveyed.
INTERNATIONAL TRADE LAW JOURNAL: One semester hour credit. Normally offered in the fall, spring and summer
Prerequisite: Completion of at least 20 hours of required courses. Members must be in good academic standing. Substantial writing credit is available to only those members who complete at least two semesters on CURRENTS: International Trade Law Journal. It is the student's responsibility to officially register for CURRENTS: International Trade Law Journal through the Registrar's Office. This must be done during the semester of eligibility. No retroactive approval will be granted.
CURRENTS: International Trade Law Journal is a student-edited publication. Each member performs advanced international legal research, writing and editorial work in conjunction with the publication of the journal. Students may join CURRENTS only through successful completion of a write-on competition offeredat the beginning of each semester. Selection is based upon merit, interest, writing ability and editing skills. Students may enroll for one hour of credit per semester for a maximum of three credit hours. Students must complete two (2) consecutive enrollment periods to receive any academic credit for CURRENTS. Prospective members who are under special academic supervision must fulfill those requirements before being eligible to enroll in CURRENTS.
Members meet regularly throughout the semester. Additional information about specific requirements of membership is available from the CURRENTS office in suite 400C or the administrative office in room 224.
N.B. : There is an aggregate maximum of six (6) hours credit for students taking credit hours in to or more of these four different courses: Moot Court Competition, Law Review, Corporate Counsel Review and International Trade Law Journal
INTERNET LEGAL RESEARCH: One semester hour credit. Offered periodically.
This course concentrates on Web browsers and Web search and indexing tools, and will emphasize the location and content of primary and secondary legal materials on the Internet. Graded honors pass, pass or fail.
JUDICIAL ADMINISTRATION:Two semester hours credit. Offered periodically.
Cases and readings to better understand the policy making and case processing of the judiciary. Included will be consideration of judicial philosophy, calendaring systems, screening procedures, the decision making process, legislation for the administration of the judiciary, the court structure, the judicial council, the judicial conference, mandatory continuing legal education, client security funds, and the lawyer's responsibility for the administration of the judiciary.
JURISPRUDENCE:Two semester hours credit. Normally offered in the fall.
This course considers the meaning of such basic concepts as law and justice, the nature of law, law as historical development and an institution, the moral basis of law, ethics, (morals) and judicial decision making. The course will set law within its historical, moral and philosophical context. Students will examine and scrutinize a collection of writings from various authors representing different legal schools (natural law, positivism, legal realism, etc. . .).
JUVENILE LAW:Two semester hours credit. Normally offered in the spring.
This course provides a general introduction to the treatment of juveniles in modern America and Texas. Coverage includes the legal and philosophical bases for a separate juvenile justice process, the leading U.S. cases establishing the "rights" of juveniles and efforts of the individual jurisdictions, particularly Title Three of the Texas Family Code, to provide a system deemed more fitting for handling persons not yet adults.
LABOR LAW:Three semester hours credit. Normally offered in the spring.
History and development of law on labor and management relations with emphasis on state and federal regulations as pertaining to union recognition and the establishment of the collective bargaining relation; collective bargaining; execution of labor management agreements, administration of such agreements; grievances and arbitration process; primary and secondary boycotts; strikes and picketing; restraining orders and injunctions; administrative and judicial review.
LAND USE MANAGEMENT & CONTROL:Three semester hours credit. Offered periodically.
A survey of controls on land use with emphasis on governmental controls, including zoning, subdivision controls, building codes, aesthetic and design controls and landmark preservation and, to the extent time permits, to environment controls and taxation as a control on land use.
LAW OFFICE MANAGEMENT:Two semester hours credit. Normally offered twice a year.
This course examines problems encountered in establishing and operating an efficient law office. Among the subjects considered are office location and layout, selection of office machines and equipment, the law library, filing and control systems, accounting methods, insurance program, agreements with law personnel, fee determination and billing, interviewing and counseling clients and drafting techniques.
LAW REVIEW:One semester hour credit. Normally offered in the fall, spring and summer.
Prerequisite: Completion of the first 30 hours of required courses, including Legal Research & Writing II. It is the student's responsibility to officially register for Law Review through the Registrar's Office. This must be done during the semester of eligibility. No retroactive approval will be granted.
Advanced legal research, writing and editorial work in connection with the publication of the South Texas Law Review. Graded honors pass, pass or fail.
Law Review candidacy: Students are admitted to Law Review candidacy by invitation only, and only in the fall and spring semesters. Part-time students are always encouraged to become Law Review candidates and should discuss their schedule concerns with faculty advisors.
An hours-eligible student may be invited to Law Review candidacy either by virtue of his or her grades or through a writing competition. Invitation by virtue of grades is limited to hours-eligible students with at least a 3.25 cumulative grade point average for completed course work.
An hours eligible student not invited to Law Review candidacy by virtue of grades, but who has at least a 2.667 cumulative grade point average for completed course work, may participate in a writing competition. A student participating in the writing competition will be considered for Law Review candidacybased on his or her performance in the writing competition. The number of students, if any, invited to Law Review candidacy through the writing competition will vary from semester to semester, according to the needs of the Law Review.
Where an hours-eligible student does not yet have grades for all completed course work:
(i) if the student has a cumulative grade point average of at least 3.25 based on all work for which final grades have been received, he or she will be conditionally invited to Law Review candidacy, or
(ii) if the student has a cumulative grade point average of at least 2.667 based on all work for which final grades have been received, he or she will be conditionally allowed to participate in the writing competition.
Where a student has been conditionally invited to Law Review candidacy or conditionally allowed to participate in the writing competition, if, when all grades are reported for all completed course work, the student's cumulative grade point average falls below the applicable minimum, the student will be either administratively withdrawn from Law Review candidacy, or disqualified from the writing competition, as the case may be.
An invitation to Law Review candidacy is open only for the semester for which it is offered. A student who does not accept an invitation to Law Review candidacy for a semester has no right to Law Review candidacy in a later semester. Students are encouraged to register for Law Review the first fall or spring semester in which they are invited to Law Review candidacy. Additional information about specific requirements of candidacy and membership is available from the Law Review administrative office in room 224.
Students initially registering for Law review must have at least four remaining enrollment periods. There is no requirement that the enrollment periods be consecutive; however, all Law Review members must be available for Law Review duties during summer session, whether they are enrolled in Law Review or not. Students must complete four (4) enrollment periods of satisfactory work to receive Law Review credit; however, credit will be awarded for only three (3) enrollment periods of Law Review. The first period is taken on a noncredit basis as a Law Review candidate. Permission to enroll in Law Review after the candidacy semester is conditional on satisfactory fulfillment of all Law review obligations during the candidacy semester. Students completing fewer than four (4) enrollment periods of Law Review will receive no credit.
N.B.:There is an aggregate maximum of six (6) hours credit for students taking credit hours in two or more of these four courses: Moot Court Competition, Law Review, Corporate Counsel Review, and International Trade Law Journal.
LEGAL MEDICINE: Three semester hours credit. Normally offered twice a year.
This course is designed to give the advanced student some insight into inter-professional problems in law and medicine, with special attention given to basic anatomy and terminology for attorneys, the Forensic Sciences, medical evidence, as well as medical innovations and the law. Some field observation is undertaken through the courtesy of the office of the Harris County Medical Examiner.
LEGISLATION: Two semester hours credit. Offered periodically.
Examination of the organization and operation of legislative bodies, including the role of the executive, public agencies, and private groups in the legislative process; drafting of statutes; enactment, amendment and repeal of statutes; limitations on legislative power and statutory interpretation.
MARITAL PROPERTY & HOMESTEAD: Three semester hours credit. Normally offered in the fall, spring and summer.
Texas community property system, property rights of husband and wife, rights of other parties, homestead.
NAFTA- Trade and Transactions: Three semester hours credit. Offered periodically.
This course focuses on the North American Free Trade Agreement and its place in international trade law regarding free trade areas. Using the NAFTA as the primary example, the course involves discussion of issues arising in the negotiation and drafting of international trade agreements, such as distribution agency agreements, licensing agreements, and joint venture agreements; learning about legal issues raised by such agreements; and planning for transactions in a market that has been created by the formation of a regional trading arrangement.
NATURAL RESOURCE MANAGEMENT LAW: Three semester hours credit. Offered periodically.
This course examines the ways by which the availability and quality of natural resources are preserved. Topics to be covered include the management of public lands, state and federal, land conservation and reclamation laws, the Endangered Species Act, wildlife and game management, wetlands regulation, flood control, water reclamation and basin and watershed allocation, and coastal zone and fisheries regulation. International problems, including rain forest preservation, whaling and fisheries regulation, and international rivers, may also be studied.
OIL, GAS & MINERAL LAW: Three semester hours credit. Normally offered in the fall, spring and summer.
Nature of ownership of oil, gas and other minerals; oil, gas and mineral leases; express and implied covenants; title and conveyancing problems arising from transfers by fee owners and lessors; transfers subsequent to lease; pooling and unitization; governmental regulation.
PARTNERSHIP & SUBCHAPTER S TAXATION:Three semester hours credit. Normally offered in the fall.
Prerequisite: Federal Income Taxation.
Examination of federal income taxation law involved in the formation, operations, sales and exchanges of partnership interests; operating distributions by a partnership; liquidation's; death of a partner; and partnership termination's; plus taxation of Subchapter S corporations.
PATENT LAW: Two semester hours credit. Normally offered once a year
Substantive patent laws; an analysis of the subject matter for which patent protection may be obtained; a discussion of how patents and patent law differ from the law connected with other areas of intellectual property interests; and an analysis of how the patent grant is obtained, how it can be lost and how it may be enforced.
PATENT LICENSING & TECHNOLOGY TRANSFER: Two semester hours credit. Offered periodically.
Prerequisite: Patent Law or Intellectual Property Survey.
This course builds upon the basic substantive law covered in the prerequisite foundation course, focusing upon gaining economic benefit by giving others the right to use the property rights conferred by a United States patent, and examining what a license is, what can and cannot be licensed, the rights and obligations of the licenser and of the licensee, the content and effect of the license agreements, and related competition law issues.
PATENT OFFICE PROCEDURE:Two semester hours credit. Normally offered in the spring.
This course covers the process for obtaining patent protection for an invention. It examines the formal requirements for filing an application and the rules governing disclosure. The Patent and Trademark Office process, including communications with the examiner, restriction requirements, duty of candor, and submission of related prior art, will be examined. The course also deals with rejection of patent applications, including affidavits, examiner interviews, appeals from patent office decisions, certificates of correction, and reexamination and reissue practice.
PAYMENT SYSTEMS: Three semester hours credit. Normally offered in the fall, spring and summer.
The course focuses on the advantages and risks associated with various methods of payment in commercial and consumer transactions. It surveys many of the state and federal statutes that impact common forms of payment (including checks, promissory notes, letters of credit, credit cards and debit cards and other electronic fund transfers), with emphasis on Articles 3, 4, 4A and 5 of the Uniform Commercial Code; the Federal Trade Commission Holder-In-Due-Course Regulations; the Truth in Lending Act and Regulation Z; the Electronic Fund Transfers Act and related Regulation E; the Expedited Funds Availability Act and related Regulations J and CC; and the Uniform Customs and Practice for Documentary Credits.
PRODUCTS LIABILITY: Two semester hours credit. Normally offered once a year.
A general survey of theories of liability and defense arising out of the design, manufacture, distribution and use of products which have caused personal injuries, death or economic loss, such as property damage. In addition to the common law on the subject, state and federal statutory provisions will be examined. Present and future trends are discussed in this expanding area of law, as well as potential alternatives to present theories of liability.
PROFESSIONAL SPORTS LAW: Two semester hours credit. Normally offered in the fall.
This course covers various legal issues affecting professional sports and focuses on antitrust, labor, contracts, regulation of private associations, and player/agent representation issues. Antitrust Law is recommended, but not a required prerequisite for this course.
REAL ESTATE DEVELOPMENT: Three semester hours credit. Offered periodically.
An in-depth study of the problems involved in commercial real estate transactions. Such topics as acquisition, development and operation of commercial real estate ventures will receive primary attention. Taxation problems and financing techniques will be continuing themes of this course. Emphasis will be on understanding the framework within which these transactions take place so that some insight can be gained into the clients' concerns and the lawyer's role.
REAL ESTATE FINANCE LAW: Two or three semester hours credit. Normally offered once a year.
Introductory course in all aspects of real estate finance law, including transfers and assumptions; promissory notes, mortgages, deeds of trust; foreclosures, deficiency judgments and redemptions and federal government regulations.
REGULATED INDUSTRIES: Two semester hours credit. Offered periodically.
A study of the nature and extent of government regulations as imposed on selected industries. The focus of the course will be the substantive standards set forth in the organic acts and administrative regulations of specific governmental agencies as well as an examination of the problems presented by means of regulation in the allocation of economic resources. Selected industries may include electric and gas utilities and other energy producing industries, securities exchanges, transportation and communications.
REMEDIES:Three semester hours credit. Offered periodically.
Nature and sources of equitable rights, principles of equity jurisdiction, enforcement of equity decrees, specific performance of contracts, injunction of torts, reformation of instruments, recession, restitution, monetary damages and other remedies.
SALE & LEASING OF GOODS: Two semester hours credit. Offered periodically.
A study of contracts and transactions involving the sale or lease of goods. The primary emphasis is on Article 2 of the Uniform Commercial Code with additional coverage of Article 2A to the extent of significant variation from Article 2. There is also some comparative study of the United Nations Convention on the International Sale of Goods. Topics include contract formation, interpretation, supplementation and modifications as well as warranties, risk of loss, performance and breach and remedies. There is also coverage of Article 7 of the Uniform Commercial Code and documents of title, especially as they are involved with sales of goods.
SECURED TRANSACTIONS: Three semester hours credit. Normally offered in the fall, spring and summer.
The course deals with the law governing credit transactions secured by personal property collateral. It focuses on Article 9 of the Uniform Commercial Code, with particular emphasis on creating a security interest, protecting it against competing claims and resolving priority disputes. The course devotes some attention to the creditor's rights and remedies upon the debtor's default. and it examines the effect of various provisions of the Bankruptcy Code on those rights and remedies when the debtor files for bankruptcy protection. The course also may examine the effect on secured transactions of Articles 2, 2A, and 8 of the Uniform Commercial Code; the Consumer Credit Protection Act; the Food Security Act; the law of fraudulent transfers; and the Federal Tax Lien Act.
SECURITIES REGULATION: Three semester hours credit. Normally offered once a year.
Federal and state regulation of the distribution of and trading in securities with emphasis o problems of coverage and administration under the Securities Act of 1933, the Securities Exchange Act of 1934 and the Investment Company Act of 1940.
STATE & LOCAL GOVERNMENT: Three semester hours credit. Offered periodically.
Survey of the basic relationship between federal, state and local government; state constitutional authority for local government; land use, zoning and planning; municipal budgeting and finance; rights and duties of public officials and office holders and government tort immunity and liability.
STATE CONSTITUTIONAL LAW: Three semester hours credit. Offered periodically.
Historical development of state constitutions; relationships between branches of state governments, between state and local governments, and between state and federal governments. Constitutional limitations on state budgets, on gubernatorial and legislative vetoes, on administrative agencies and on legislative procedure. Role of the courts as a check on other branches. Mandates regarding school financing, individual rights, adequate and independent state grounds, open courts provisions, substantive due process and the "New Federalism."
SUPERVISED RESEARCH:Two semester hours credit. Normally offered in the fall, spring and summer.
Prerequisite:Completion of 45 hours and a grade point average of at least 2.667. Waivers of these two requirements are not given.
A substantial research paper prepared under the supervision of a full-time faculty member. Each faculty member is restricted to accepting no more than three students for supervised research each semester. The student must meet with the faculty member selected to discuss the proposed research. If the faculty member consents, the student then must submit a request describing in substantial detail the subject matter with topic outline, proposed research methods, reasons for pursuing the topic, and the nature of the student's interest in the subject matter to the Vice Dean, who will consider the student's motivation, subject matter, and views of the faculty supervisor in passing upon the request. If a request is approved, the student will produce a substantial research paper of publishable quality which must demonstrate intensive research in relevant legal and other materials, reflect originality in recommending solutions and be highly persuasive. Students undertaking supervised research will meet regularly with the faculty member supervising the research in order to ensure contemporaneous discussion, review and evaluation of the research experience.
A substantial research paper means a paper of not less than 30 (30) typewritten, double-spaced, letter-size pages of text, plus such footnotes as are appropriate for a paper of publishable quality.
N.B.:This course is included in the three-course maximum for seminars which a student may apply toward graduation or include in their grade point average.
TAXATION - ADVANCED INCOME:Two semester hours credit. Normally offered in the spring.
Prerequisite: Federal Income Taxation.
A study of advanced concepts and problems in income taxation.
TAXATION - FEDERAL PROCEDURE: Two semester hours credit. Normally offered once every two years.
Prerequisite: Federal Income Taxation.
Organization of the I.R.S., requests for rulings and determination letters, claims for refunds, audits, deficiency assessments, administrative settlement of tax disputes, tax litigation, tax collection, interest and civil penalties.
TAXATION - OIL, GAS AND MINERAL RIGHTS: Two semester hours credit. Offered periodically.
Prerequisite: Federal Income Taxation.
An examination of federal income tax problems of the petroleum industry; the economic interest concept, the leasing transaction, farm-outs and sharing arrangements, drilling and development costs, transfers of oil and gas properties, depletion and intangibles, development and operations, financing and sharing arrangements and unitization. The federal income tax issues related to hard minerals will also be covered.
TEXAS LAND TITLES: Three semester hours credit. Normally offered in the spring.
Texas real property acquisition and conveyancing, including transferable interests in land, modes of transfer, content and effect of transfers, recordation and notice of transfers, mortgages and liens and introduction to land title examination.
TEXAS PRETRIAL PROCEDURE:Three semester hours credit. Normally offered in the fall, spring and summer.
Texas civil procedure in trial courts from the pre litigation phase to the beginning of the trial. Include subject matter jurisdiction in the Texas courts, provisional remedies, pre litigation devices, jurisdiction over the person, venue, pleadings, parties, res judicata and collateral estoppel and the summary judgment and other methods od disposition without trial, as governed by Texas law.
TEXAS TRIAL & APPELLATE PROCEDURE:Three semester hours credit. Normally offered in the fall, spring and summer.
Texas civil procedure in trial courts from the beginning of the trial through the motion for new trial with particular emphasis on pleading and practice in Texas and jury charge, jury and non-jury trial, verdict and judgment. Appellate procedure, method, nature and scope of appellate relief; appealable judgments; jurisdiction of appellate courts; procedure and parties; effect of transfer; supersedeas; records and brief; motion for rehearing review by the Court of Civil Appeals and the Texas Supreme Court.
TOXIC TORTS: Two semester hours credit. Offered periodically.
This course is an advanced torts class focusing on environmental and toxic harm, and the law of compensation to persons for physical harm and property damage caused by substances released into the environment (land, air or water). The course covers various causes of action, including trespass, nuisance, negligence, and strict liability fore abnormally dangerous activities. Problems of proof and causation, as well as defenses and remedies, both in law and equity, are discussed.
NOTE: Students may not take both this course and Toxic Torts Project Seminar.
TRADEMARKS & UNFAIR COMPETITION:Two semester hours credit. Normally offered in the summer.
Extension of the law of torts to competitive interference with business relations. The course focus is on problems of business conflicts concerning interference with business contracts and employee relationships, trademark and trade-name rights, good will and trade-secrets; product and package simulation, deceptive advertising and trade practices, product disparagement, trade libel and statutory unfair trade practices.
TRUSTS & FIDUCIARY RESPONSIBILITIES:Three semester hours credit. Offered periodically.
Creation and elements of intervivos and testamentary trusts; resulting and constructive trusts; charitable trusts; powers, rights and duties of settlors, trustees and beneficiaries; liability of trustees; taxation considerations; administration of trusts and termination procedures. Emphasis on Texas law.
WATER LAW: Two semester hours credit. Offered periodically.
A general survey of private and public rights in water, their character, extent, regulation and enjoyment.
WESTERN LEGAL TRADITION: Two or three hours credit. Offered periodically.
An examination of the sources contributing to the legal systems of the Western World; including Judaic, Roman, Teutonic and Scandinavian influences; the divergent developments of the common law civilians; the later rise and fall of the Socialist Systems of Eastern Europe
WILLS, TRUSTS & ESTATES:Three semester hours credit. Normally offered in the fall, spring and summer.
A study of the execution and revocation of will, intestate succession and will contests; creation and administration of private express, charitable, resulting, implied and constructive trusts; duties, powers and responsibilities of trustees; and the basic of estate administration.
WORKERS' COMPENSATION LAW: Two semester hours credit. Normally offered once a year.
Origin an substance of workers' compensation law of Texas; procedure before the Texas Workers' Compensation Commission; exemplary damage cases when employer's gross negligence results in employee's death; third-party actions
WORLD TRADING SYSTEMS: Two semester hours credit. Normally offered once a year in the fall.
An examination of the three levels of the world trading order-the multilateral, the regional and the unilateral. The multilateral section focuses on the law and administration of the World Trade Organization (WTO) and the General Agreement on Tariffs and Trade (GATT). The regional section examines attempts at regional economic integration such as North American Free Trade Agreement (NAFTA) and MERCOSUR (the common market between Brazil, Argentina, Uruguay and Paraguay). The unilateral section of the course examines U.S. trade policy as exemplified by U.S. involvement's at the multilateral and regional levels and Section 301 of the Trade Act of 1974.