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J.D. program required courses (listed in Section VIII B) are offered at least once each academic year. Courses that have been offered in the past two academic years or are anticipated to be offered in the 2008-2009 academic year are listed below. Other courses may be offered.
The law school Registrar’s Office publishes a schedule of courses before the beginning of each term. Students must consult these schedules for actual course offerings and for any prerequisites or corequisites for those courses. It is the responsibility of each student to verify that he or she has taken the prerequisites, or will be taking concurrently any required corequisites, at the time he or she registers for a class. Students with any questions concerning these issues should contact the assistant dean for Student Affairs.
Civil Procedure I and II (6371, 8271)
Five hours. (3 hours in fall, 2 hours in spring). Civil procedure, focusing on
judicial resolution of disputes and development of the modern civil action
including consideration of the jurisdiction of courts, venue, process, pleading,
joinder, discovery, pretrial practice, right to a jury trial, withdrawing cases
from a jury, motions after verdict, judgments and their effects and appellate
review. Also, an introduction to alternative dispute resolutions.
Constitutional
Law I (6222)
Two hours. An examination of methods of constitutional interpretation, the
role of judicial review, federal power, separation of powers, federalism and
justiciability.
Contracts I and II (8290, 8390)
Five hours (2 hours in fall, 3 hours in spring). History and development of
the common law of contract; principles controlling the formation, performance
and termination of contracts, including the basic doctrines of offer and acceptance,
consideration, conditions, material breach, damages and statute of frauds;
statutory variances from the common law with particular attention to Uniform
Commercial Code sections.
Criminal Law (8341)
Three hours. Origins and sources of the criminal law; general principles of
criminal law, including actus reus, mens rea and causation.
May cover the elements of some specific crimes, such as homicide and/or theft
offenses, and some conditions of exculpation, such as justification and insanity.
Legal
Research, Writing and Advocacy I and II (8375, 8376)
Six hours (3 hours in fall, 3 hours in spring). A course that meets in small
groups and integrates instruction in research, analysis and writing, as well
as advocacy skills such as brief writing, oral argument and negotiation. Uses
simulated interviewing and negotiation exercises, group discussions and writing
exercises to teach these skills. In the fall, emphasizes research skills and
legal analysis. Focuses writing instruction on organization and synthesis.
Requires students to write an objective legal memorandum containing a well-reasoned,
clearly-written analysis of several legal issues, substantiated by legal authority
in correct citation form. In the spring, involves more advanced research and
analysis and focuses on persuasive writing. Bases grades each semester in large
part on one research and writing project.
Property I and II (8282, 6381)
Five hours (2 hours in fall, 3 hours in spring). Selected topics in personal
property, adverse possession, present possessory and future estates in land,
concurrent estates, the law of landlord and tenant, easements, private covenants,
public land use regulation and real estate conveyancing.
Torts I and II (7391,
8292)
Five hours. (3 hours in fall, 2 hours in spring). Civil liability arising from
breach of common law and statutory duties as distinguished from duties created
by contract, including coverage of intentional wrongs, negligence and product
liability. Discusses the methods and process of the American legal system,
with attention paid to legislation, as well as to the common law.
Professional Responsibility (7350)
Three hours. An analysis of principles and rules governing the conduct of lawyers.
Includes the client-lawyer relationship, competence, confidentiality, loyalty,
the roles of lawyers as counselors and advocates, public service, advertising,
admission to practice and professional discipline.
Constitutional Law II (8311)
Three hours. A study of individual rights including such areas as equal protection
of the laws and due process of law, with particular emphasis on issues of racial
discrimination, gender discrimination and the right to privacy. Depending on
the professor, may also include freedom of speech and freedom of religion.
Edited
Writing Seminar
Three hours. Requires the student to participate in an intensive, scholarly
expository writing project. May take the form of a single paper, of at least
30 pages, or several shorter papers, as the professor may direct. Review
and criticism of the student’s writing by the professor. Varied subject
matter at the discretion of the professor. Enrollment limited to 20 students.
General
Writing Requirement
A student must complete a writing unit, in addition to the first-year Legal
Research, Writing and Advocacy course and the Edited Writing Seminar. This
requirement may be fulfilled by completing a course in which more than half
the grade for the course is based on written work other than an examination,
by completing law review writing requirements for credit or by completing a
two-hour or three-hour directed research paper.
Professional Skills Requirement
A student must complete at least one upper level course that includes professional
skills generally regarded as necessary for effective and responsible participation
in the legal profession. Courses that satisfy this requirement will be designated
(PS) on the upper-class course list during registration.
Except with special permission of the assistant dean for Student Affairs, J.D. students may enroll for elective courses only after they have completed all required first-year courses, or as otherwise noted in course listings, provided that law students who enrolled in the evening program and who have completed the first academic year but have not completed all first-year required courses may enroll in selective elective courses designated by the assistant dean for Student Affairs as indicated on the upper-class course list during registration. Other prerequisites for courses are listed; however, the instructor of a course may add or waive prerequisites for the course.
The faculty recommends that each student enroll in courses in each of the following areas: business organizations, administrative law, commercial law, procedural and evidence law, taxation and legal history or the philosophy of law or the study of legal systems.
A student may not apply more than six hours of upper-class elective courses that are taken on a credit/no credit basis toward the 87 hours required for graduation. This six-hour restriction does not include any hours obtained from extern hours or hours in which, with the consent of the instructor and the assistant dean for Student Affairs, the student was allowed to receive credit for a course in lieu of a grade due to extraordinary circumstances involving the general award of credits for the particular course and/or to the particular student.
Administrative Law (6304)
Three hours. A focus on legislative authority and administrative agencies with
special emphasis on administrative process and judicial review.
Advanced Bankruptcy
(8281)
Two hours. In-depth study of corporate reorganization under Chapter 11 of the
Bankruptcy Code.
Advanced Commercial Law: Law of Electronic Commerce (6202)
Two hours. An introduction to some of the law governing networked computer
systems such as the Internet, software, intellectual property rights in digital
media and the social, political and economic issues underlying those legal
doctrines.
Advanced
Corporate Taxation (7204)
Two hours. Taxation of corporate reorganizations and carryover of tax attributes.
Advanced
Environmental Law Seminar (8340)
Three hours. Seminar on selected problems in environmental law. Requires students
to draft and present a paper on an environmental law topic selected by the
student with the consent of the professor. Topics from virtually any area of
environmental law including pollution control statutes, common law toxic tort,
environmental regulation of land use, protection of endangered species, regulatory
policy and enforcement of environmental requirements.
Advanced Legal Writing and Editing
(6160)
One hour. Designed for students who wish to improve their editorial and writing
skills. Targets students who are already competent writers, but requires no
in-depth knowledge of grammar or rhetoric. Covers issue framing, readability
and writing efficiently.
Advanced Patent Law (6284)
Two hours. Substantive and procedural aspects of patent prosecution before
the U.S. Patent and Trademark Office. Practical exercises in prosecution
practice, such as claim drafting, preparation of amendments and other prosecution
proceedings. Additional prosecution subjects including dealing with inventors,
developing invention disclosures and preparing patent applications.
Alternative Dispute Resolution
(9211, 6311)
Two or three hours. An examination and analysis of materials and skills used
in dispute resolution other than litigation. Emphasizes the theory and practice
of negotiation, mediation, arbitration and mini-trials, with examples and problem
simulations drawn from various fields of law.
American Legal History (7309)
Three hours. The development of legal institutions and the formulation of rules
of law and their application in the United States from the 17th century to
1950, with only secondary reference to the federal Constitutional law.
Antitrust Law
(7388)
Three hours. A survey of the federal antitrust laws as they relate to mergers,
monopolization and price discriminations and horizontal and vertical restraints
of trade, including price fixing, refusals to deal, territorial and product
divisions, tie-ins, exclusive dealing, resale price maintenance and customer
restrictions. Also, enforcement and the private treble damage remedy, including
the concepts of antitrust standing and antitrust injury.
Art and Antiquities Law (8272)
Two hours. A seminar course that focuses on the definition and nature of a “work
of art” and the legal rights and interests among artists, collectors, dealers,
museums and the public. Considers these issues primarily as they relate to the
visual arts. Varied course content, but usually includes the international movement
and protection of art, theft and forgery, cultural property and Native American
art, artists’ moral and economic rights in works of art and valuation
issues.
Aviation Law (6206)
Two hours. An introductory course to aviation law covering regulation of domestic
and international aviation; deregulation of domestic aviation; the legal regime
of the airspace, aircraft and users of the airspace; the liability of insurance
for the airman, manufacturer, services, airline and United States of America;
aviation litigation fundamentals and focused issues; criminal law specific
to aviation; legal issues governing aviation transactions; aviation labor;
and the law of space.
Banking Law and Regulation: Domestic and International (6221, 6318)
This course was previously titled Financial Institutions – Banking
Law: Domestic and International.
Two or three hours; often conducted as a writing seminar. An introduction to
the federal laws governing commercial banking activities, with primary emphasis
on the regulation (and “deregulation”) of national banks and related
policy considerations. Varied lecture topics from year to year, but generally
includes key domestic, regional and international issues with respect to banking,
the banking industry and the financial services industry generally. Uses interdisciplinary
subject matter in economics, finance and business. May use comparison with regulation
of other financial institutions. When taught as a regular course, assessment
may be by examination and/or paper or series of papers satisfying the writing
unit requirement. When taught as a third-year writing seminar, course structure
and assessment will be consistent with those described for the writing seminar.
Business Enterprise (6420)
Four hours. The basic business law course. Emphasis of the first portion of
the course on the closely held business. Considers: Agency: general
principles of the law of agency. Partnerships (general and limited):
formation, control, liabilities, property, dissolution and disposition of
business; internal and external relations of partners. Limited Liability Companies and Corporations: formation,
control, allocation concerns; duties, liabilities and rights of management
and shareholders or members; dispute resolution devices; and fundamentals
of capitalization and financing (including basic securities financing and
securities law concerns, particularly respecting the private exempt offering).
Primary emphasis of the second portion of the course on the widely owned
business. Explores general corporate governance and capitalization problems
(including preferred stock and debt securities structuring), along with corporate
distributions and repurchases and fundamental corporate changes. Emphasizes
analysis of mergers and acquisitions. Depending on available time, also emphasizes
the impact of federal securities laws on the corporate governance structure,
including discussion of ongoing public disclosure requirements, proxy regulations
and insider trading restrictions and liabilities.
The course is transaction-oriented, whereby planning and problem solving are stressed, and interdisciplinary use of basic taxation, accounting and finance notions is made. Special attention may be given to modern statutory trends, ethical issues and selective globalization concerns.
Children and the Law (9205)
Two hours. A focus on three interrelated questions involving the legal relationships
among the child, parent and state. First, who decides on behalf of the child?
Second, how does the law allocate decisional power and responsibility for children
in the society? Finally, what voice should the law give to children in situations
in which their rights and/or interests are affected? Explores in the context
of the following topics: parental rights to raise their children; constitutional
rights of children (such as privacy and free speech); child abuse and neglect
(civil and criminal); termination of parental rights, foster care and adoption;
and medical decision making. Emphasis will be on examining the practical considerations
of providing legal representation to children, particularly in cases involving
child abuse and neglect.
Civil Clinic (7559)
Five hours. Helps refine lawyering skills and analytic methods for developing
those skills. Allows clinic students to represent indigent clients in actual
cases. Includes topics such as interviewing, counseling, fact investigation
and discovery, case planning, negotiation, drafting of pleadings, motions
and memoranda and pretrial and trial advocacy. Places special emphasis on
professional responsibility issues and strategic planning methods. Throughout
the course, uses a combination of teaching methods, including one-on-one
case supervision, classroom instruction, simulations and videotaped exercises.
Civil Rights Litigation (7308)
Three hours. A survey of federal legislation protecting the individual against
governmental and private interference with constitutional and statutory rights,
which may include those pertaining to employment, personal security, housing
and voting, among others.
Civil Rights Seminars (7378)
Three hours. Seminars in selected problems in the protection of individual
liberties from governmental interference. Varied subject matter at the discretion
of the professor. Could consider First Amendment freedoms, racial discrimination,
sex discrimination, prisoners’ rights and privacy.
Clinic Deputy (7157, 7257,
7357)
One, two or three hours. Assisting in preparing and supervising clinic students
in client representation, including fact investigations and analysis, legal
research and writing, litigation training and court appearances. Requires selection
of deputies by the clinic instructors. Allows students to enroll only after
they are selected. Pass/fail or graded, at the option of the professor.
Colloquium on Law and Citizenship (8317)
Three hours. An edited-writing seminar that analyzes
the formal and substantive meaning of citizenship. Allows students to analyze
cases and law review articles and participate in faculty presentations of papers
that explore various constitutional, theoretical and philosophical questions,
including: Who should be a citizen of the U.S.? What rights and privileges
should be attached to citizenship? What constitutional tensions arise when
law conditions rights and privileges on citizenship rather than personhood
or presence within the territory of the U.S.? A unique seminar in that approximately
half of the semester involves presentations from a law professor who is either
from SMU or another law school and who will discuss his or her paper that
examines the meaning of citizenship. Requires students to participate in
discussions about these papers and to submit a substantially researched paper
on a topic approved by the professor
Commercial Real Estate Transactions Seminar (7327)
Three hours. A course that builds on the introductory real estate course by
introducing students to the main issues presented by a transactional commercial
real estate practice, including acquisition, financing, construction, leasing
and management, with an emphasis on financing. Examines alternative methods
of structuring capital investment in real estate, including issues related
to the taxable nature and regulatory context of the investor. Includes workouts
and real estate bankruptcies to complete the examination of the real estate
cycle. The basic income tax course is strongly recommended as a prerequisite;
partnership tax is helpful, but not required. Students will be expected to
work not only with the purely legal issues but also to develop a familiarity
with the basic concepts of real estate valuation, and they should therefore
be prepared to work with numbers and perform simple calculations (although
no advanced mathematics will be required).
Commercial
Remedies (9305)
Three hours. A functional analysis of standards, rules and devices applicable
generally to the trial of various types of commercial claims, including the standards
of value, certainty and avoidable consequences and the concepts of interest,
expenses of litigation and exemplary damages. Gives detailed consideration to
all types of commercial remedies, both at law and in equity, that result in a
money judgment.
Comparative Law I (7321)
Three hours. The purposes and methods of comparative law. An introduction to
legal systems other than the common law, including sources of law, structure
of legal rules, substantive law, procedure and courts and legal professions.
Requires no knowledge of a foreign language. Requires students from civil
law jurisdictions to have instructor’s permission to take the course.
Comparative
Law II – [Specific Subject-Matter Designation] (7222, 7322)
Two or three hours. Often a GW (general writing) course. A limited enrollment
seminar course designed to accommodate specific seminar interests of faculty
and visiting faculty in comparative law-related subject matter. Varied specific
seminar course topics from course to course. Might include the examination
of selected aspects of law and judicial processes or specific legal areas of
selected foreign countries, regions and economic markets; laws impacting foreign
investment and dispute resolution; treaty law making processes; or comparative
corporate governance, business organization, commercial law or accounting trends.
Allows a student to repeat the course for credit, since the subject matter
varies from year to year. Lists each seminar course, for transcript purposes,
as:”CL-2
[specific seminar name].” Requires no knowledge of a foreign language.
Conflict
of Laws (6330)
Three hours. An analysis of transactions that have elements in more than one
state. Includes three parts: the choice of the law applicable to the issues
in the case, the enforcement of judgments rendered outside the forum state
and jurisdiction over the out-of-state party. Focuses on relationships among
American states, but also includes choices between state and national law (the Erie doctrine).
Constitutional
Criminal Procedure Survey (6430)
Four hours. A survey of criminal procedure, including topics such as investigation,
right to counsel, bail, discovery, trial procedure, sentencing, double jeopardy
and post-conviction challenges. Intended for the nonspecialist. Students taking
this course may not take Constitutional Criminal Procedure: Investigation or
Constitutional Criminal Procedure: Adjudication.
Construction Law (6214, 6312)
Two or three hours. The legal aspects of the construction process. Devotes
particular emphasis to discussion of the provisions of standard form contracts
and to the liability issues that arise out of the relationships between design
professionals, contractors and owners. Within this framework, covers: bidding,
types of contracts, pricing variations, the rights and obligations of parties
involved in the process, construction documents, bonds, insurance, changes,
scheduling, delays, unforeseen circumstances, risk allocation of defective
work, payments and remedies for breach.
Consumer
Law (6329)
Three hours. A study of state and federal regulation of credit and noncredit
consumer transactions. Pays special attention to state and federal legislation
regarding unfair and deceptive trade practices embodied in the Federal Trade
Commission Act and the Texas Deceptive Trade Practices Act. Includes other
areas of study such as the federal Truth-in-Lending, Fair Credit Reporting,
Equal Credit Opportunity, Fair Debt Collection Acts and state and federal warranty
law, as well as contractual and procedural devices designed to facilitate collection.
Also includes study of traditional private and public remedies and the means
of achieving them as well as special problems and issues arising in connection
with resolving consumer disputes in the world of e-commerce.
Copyright (7311)
Three hours. A detailed study of the 1976 Copyright Act as well as other means
of obtaining legal protection for literary, musical and artistic works, including
unfair competition, tort and implied contract.
Corporate Goverance and Compliance
(8206)
Two hours. Prior to Enron and other related corporate implosions, the issue
of corporate compliance was primarily the concern of companies operating in
heavily regulated industries. Since then, Sarbanes/Oxley, the Department of
Justice Sentencing Guidelines, newly implemented stock exchange listing standards,
emerging and expanding concepts of director liability—as well as a plethora of lesser
factors—have made corporate compliance somewhat of a mainstream issue for
all public companies and an increasing number of private companies and nonprofits.
A course that charts the history, evolution and expansion of corporate compliance
programs from the early 1950s to the present. In addition to detailing the typical “how-to” methodologies
involved in structuring and implementing a modern compliance program, a focus
on how compliance programs, if improperly implemented, may actually exacerbate
a company’s potential liability in unexpected areas. Uses a course textbook
developed by the instructor.
Corporate Finance and Acquisitions (7235)
Two hours. Provides, in the first part of this course, a basis for resolving
the typical valuation questions that arise in the corporate acquisition context.
Presents and critically assesses the basic concepts of financial theory, including
discounting, diversification, portfolio theory, the capital asset pricing model
and the Black-Scholes option pricing model. Examines, in the second part of
the course, certain issues that arise in the corporate acquisition context
that involve valuation questions, including the scope of application of the de facto merger
and successor liability doctrines, appraisal rights and the fairness of freeze-out
transactions. Does not consider issues arising under federal securities law.
Background in economics or finance strongly recommended.
Corporate Planning (6232,
6332)
Two or three hours. Planning and problem course in corporate, tax, securities,
accounting and related fields. Allows students to draft instruments and supporting
memoranda to solve a variety of questions in corporate organization, financing,
operation, acquisition and reorganization—a fairly typical sequence of
high-tech company growth and development. Allows students to present solutions
and simulated negotiations for class critique and in most instances for comparison
with actual solutions to similar problems.
Corporate Taxation (7336)
Three hours. The formation of corporations, corporate capital structure, earnings
and profits, dividends, distributions, redemptions, partial liquidations and
complete liquidations and Subchapter S corporations.
Counseling the Small Business Owner (6102)
Two Hours. A “how to” course. A skills course that will focus on
forming and representing small businesses and non-profit organizations. Covers
advice regarding selection of a client, understanding the client’s goals,
what choice of entity to recommend to the client, entity creation by drafting
various documents such as certificates of formation for profit and nonprofit
corporations and limited liability companies, bylaws, non-competition agreements,
non-disclosure agreements, employment agreements and other documents that relate
to a small business. Requires students, throughout the course, to draft various
documents.
Creditors’ Rights (6333)
Three hours. An introduction to federal and state law governing the debtor-creditor
relationship: enforcement of judgments; attachment, garnishment and sequestration;
fraudulent conveyances; and bankruptcy as it affects secured and unsecured creditors
under the Bankruptcy Code.
Criminal Clinic (7641)
Six hours. A practice-based period of study involving representation of indigent
clients in Dallas County criminal courts. Integrates classroom instruction
and skills training with actual case work.
Criminal Evidence Seminar (7316)
Three hours. On March 8, 2004, the U.S. Supreme Court decided Crawford
v. Washington (No. 02-9410). In it, the court accepted an invitation to completely rethink
its approach to the interface between the Confrontation Clause and hearsay. Up
to that point, the court’s efforts at reconciling the Constitutional right
to confront one’s accuser with the evidentiary rules was muddled and tended
to subordinate the right of confrontation to the common law hearsay exceptions.
Crawford changed that in a fundamental way. However, it is difficult to envision
how Crawford and the newly conceived Confrontation Clause will impact the prosecution
of criminal cases in the U.S. An exploration of that impact. Examines the impact
of Crawford on the hearsay rules as it applies to evidence admitted against criminal
defendants. Allows students to study the decision in detail, choose one type
of hearsay evidence, such as the admission of pre-trial statements of child assault
victims to their counselors, and write a 40-page to 60-page paper of publishable
quality and format on that topic.
Criminal Prosecution Clinic (7441)
Four hours. A practice-based period of study involving the prosecution
of misdemeanor offenses with the Dallas County District Attorney’s office.
Integrates classroom instruction and skills training with actual case work.
Criminal
Tax Fraud (7238)
Two hours. A study in detail of the criminal tax statutes of the Internal Revenue
Code, along with the administrative procedure and court procedure concerning
representation of a client who is being investigated by the Internal Revenue
Service for criminal tax violations.
Death Penalty Project (9310)
Three hours. A practice-oriented course designed to teach the skills of interviewing,
investigating and researching legal issues in the pretrial, trial and post-trial
stages of death penalty cases. Addresses evidentiary questions, procedural
questions and the development of mitigation facts and circumstances. Limited
to 12 students per term. Uses a simultaneous classroom curriculum to introduce
students to the law and procedure necessary to provide effective assistance
of counsel in death penalty defenses. Allows students to work with lawyers
appointed to death penalty cases while under the supervision of a faculty
member. Bases grades on evaluation of case and classroom performance.
Directed Research (6136, 6236, 6336)
Maximum of three hours. Research on legal problems in any field of law with
the consent of the instructor. Requires a comprehensive, analytical and critical
paper prepared to the instructor’s satisfaction. Open to students who have
completed more than one-third of the hours required for graduation. Requires,
before enrollment for Directed Research, that the student obtain, on a form supplied
by the Registrar’s Office, written approval of the instructor for the research
project. Allows students to receive credit for no more than a total of three
hours of directed research during law school.
Directed Studies (6148, 6248, 6348)
Maximum of two hours. Studies undertaken by a student or group of students
under faculty supervision with prior approval of the curriculum committee.
Provides that the committee may prescribe that the product of the studies
undertaken be communicated by a public discussion, submission of periodic
and final reports or presentation of a collection of papers.
Disability Law (8260)
Two hours. An exploration of the expansion of rights for individual with disabilities,
including the Vocational Rehabilitation Act of 1973 and the Americans with
Disabilities Act. Studies both employment law and protection for individuals
with disabilities in government services and public accommodations.
Economic Analysis of Law (6423)
Four hours. An introduction to the economic analysis of legal rules and institutions.
First examines the efficiency paradigm in some detail and then analyzes basic
common law and criminal law doctrines from an economic perspective. Seeks to
develop a facility in the application of economic reasoning to legal questions
and to impart a sense of the limitations of the economic approach. Does not
presuppose extensive familiarity with economics, but some background is essential,
such as an introductory course in microeconomics and preferably also some
exposure to intermediate-level microeconomics or price theory.
Employee Benefits Law & ERISA
Litigation (9201)
This course was formerly titled Employee Benefits.
Two hours. A study of the evolution, theory and structure of employment-related
benefit law. Emphasizes social, economic and political considerations and their
influence on federal labor and tax law in the area of employee benefits, with
particular emphasis on the labor provisions of the Employee Retirement Income
Security Act of 1974. Also considers the balancing of authority among several
federal agencies in the regulation of employee retirement and medical benefit
plans and the interpretation and application of federal statutory law.
Employment
Discrimination (7344)
Three hours. Examination of the federal law regulating discrimination in employment.
Places primary emphasis on Title VII of the Civil Rights Act of 1964 (discrimination
on the basis of race, sex, religion and national origin), the Age Discrimination
in Employment Act, the Equal Pay Act, the Americans with Disabilities Act and
federal requirements of affirmative action imposed upon government contractors,
but other civil rights statutes and the National Labor Relations Act will be
treated as they bear upon the subject.
Employment & Labor Arbitration (8316)
Three hours. The study of case law, statutes and guidelines concerning arbitration
arising under employment agreements, employer promulgated policies and labor
agreements. Covers topics such as fundamental concepts of arbitration under both
collective bargaining agreements and individual employment agreements, arbitrability,
requisites of enforceable arbitration agreements, subjects of arbitration, the
arbitration process itself, the relationship of arbitration to other forums such
as the courts and administrative bodies and actions to enforce and set aside
arbitration awards. Also includes practical exercise in drafting and arbitration
advocacy.
Employment Law (6340)
Three hours. Legal regulation of work and the workplace in a nonunion environment.
Covers the expansion of employee rights against unjust dismissal, invasion
of privacy and defamation and explores government regulation of the workplace
in the areas of health and safety, wages, hours and benefits. Also briefly
surveys employment discrimination law.
Entertainment Law (7201)
Two hours. An overview of the entertainment business and its fundamental legal
and financial issues. Deals with the role of attorneys and agents, personal
and intellectual property rights, motion picture production and distribution,
television rights and procedures, literary publishing and music publishing
and sound recordings. Places particular emphasis on technological developments
and contract negotiation.
Environmental
Law (6344)
Three hours. A survey that presents an introduction to basic elements of federal
environmental law. Includes analysis of environmental regulatory policy, statutory
control of air, water and hazardous waste pollution and allocation of the costs
of cleaning environmental contamination.
Estate, Gift and Income Taxation of Trusts
and Estates (8252, 7352)
Two or three hours. Consideration of the kinds of transfers that attract the
estate and gift tax, the generation skipping tax and income taxation of estates
and trusts.
Estate Planning and Practice (6343)
Three hours. Functional examination of the integration of the federal estate
and gift taxes, marital deduction planning and drafting, drafting the By-Pass
Trust, desirability of making lifetime inter-spousal transfers, gifts to minors
and other dependents (including the grantor trust rules), techniques of income
deflection and estate shrinkage for tax reasons, transferring ownership of
life insurance with emphasis on irrevocable life insurance trusts and introduction
to the generation skipping tax.
Ethical Dilemmas in Legal Practice (8273)
Poses, following lectures for the first four classes that will lay the groundwork,
fact situations presenting current ethical issues and real-life problems counsel
might face in actual practice. Requires that each fact situation will be the
subject of one or more student papers that will be presented and discussed
during a weekly class session. Includes a judge or other prominent practitioner
who attends and participates in each session.
Evidence (8455)
Four hours. Principles governing the admission and exclusion of evidence, including
functions of judge and jury, examination and competency of witnesses, demonstrative
evidence, the hearsay rule and its exceptions, burdens of proof and presumptions,
privileges and judicial notice.
Extern Programs
Hours arranged. Includes various programs by the faculty. Permits a student
to work without compensation each week for a designated number of hours at
specified legal offices for law school credit. Requires each student to work
under the supervision of a faculty member and to fulfill the requirements
established for the program. Allows students to receive law school credit
for only one extern program, including the Securities and Exchange Commission
Student Observer Program. Contact the Registrar’s Office for a list of such programs and more information.
Family
Law (6347)
Three hours. The legal problems of the family including marriage, annulment,
divorce, legitimacy, custody, support of family members, adoption and related
matters. Does not include Texas matrimonial property law. If the student plans
to take instruction in both courses, this course should be taken first.
Federal
Courts (6349)
Three hours. Congressional control of the distribution of judicial power among
federal and state courts. Practice and procedure in the federal district courts,
including choice of law, federal question and diversity jurisdiction and state-federal
conflicts.
Federal Tax Procedure I (7207)
Two hours. Preparation and trial of tax cases in the federal courts, representation
of a taxpayer before the Internal Revenue Service, administrative powers and
procedures of the Internal Revenue Service, criminal violations of the Internal
Revenue Code and accumulations of supporting evidence for a tax plan.
Federal
Taxpayers Clinic (7443)
Four hours. Clinical instruction in federal tax practice emphasizing the representation
of taxpayers before the Internal Revenue Service and the Tax Court. Integrates
classroom instruction in interviewing techniques and counseling with interviewing
prospective clients and with the ultimate representation of taxpayers before
the Internal Revenue Service and before the Tax Court.
Financial Institutions – Banking
Law: Domestic and International (6221, 6318)
See Banking Law & Regulation: Domestic and International.
Financial Institutions – Commercial
Lending (6218, 6348)
See Commercial Lending.
Food and Drug Law (6246)
Three hours. An examination of how the Food and Drug Administration (FDA) regulates
food, drugs, medical devices and biotechnology. The FDA is the oldest consumer
protection agency in the United States, and it regulates a significant portion
of the U.S. economy. A course that addresses the history and scope of the FDA’s
authority and how the agency has evolved to deal with modern developments in
the biosciences, as well as emerging public health and safety issues, such as
bioterrorism and advances in genetic research. Allows students to learn theories
and study examples of risk regulation, statutory interpretation, inter-agency
cooperation, public participation and agency policymaking. Also focuses on the
FDA’s relationships with Congress, the executive branch and the industries
it regulates.
Foreign Investment: Rules of International Law (6388)
Three hours. The past decade has not just brought a significant increase of
foreign investment worldwide, but has also led to a growth of the applicable
legal rules. More than a thousand new treaties have been concluded, and numerous
international investment cases have been submitted to international arbitral
tribunals. An exploration of the nature, the content and the reach of the
current international regime of rules governing foreign investment. For instance,
discusses rules on expropriation, fair and equitable treatment and denial
of justice, but also the concept of a “foreign investment” and a “foreign investor.” Also
pays special attention to the interplay between relevant treaties and the process
of dispute settlement, in particular in regard to the jurisdiction of the International
Centre for Settlement of Investment Disputes (ICSID). Currently, more than 180
states are members of ICSID, and almost 100 cases are pending before ICSID, most
of them dealing with major investment projects.
Franchising and Distribution Law
(6275)
Two hours. There is a growing recognition and respect for franchising and product
distribution domestically and around the world. Franchising had its start in
the U.S. around the time of the Civil War, but, in the last 10 years, franchising’s
growth has been explosive. It no longer concerns only restaurants and lodging
but has expanded to areas such as telecom and automotive. An overview of the
law of franchising and product distribution, both domestically and internationally.
Freedom
of Speech, Press and Religion (7333)
Three hours. An examination of constitutional issues and interpretation under
the First Amendment, focusing on freedom of speech and press, as well as establishment
and free exercise of religion.
Globalization of the Law: Business and Finance
(8210, 8309)
Three hours. Often conducted as a writing seminar. A limited enrollment seminar
that can be both a perspective and a capstone-type course. An exploration of
the impact of globalization on the theory and practice of law within the context
of its impact on international, regional and domestic business and financial
market environments. Places particular emphasis on the development of international
standards and codes, a new evolving international business and financial architecture
and enhanced regulatory and public-private cooperation on the domestic, regional
and international levels. Provides initial background lectures for the first
eight to 10 seminar sessions on the general economic and legal dimensions of
globalization and the impact of global economic forces on the national legal
systems in such areas as to trade and investment, financial market regulation,
intellectual property law, commercial law, international dispute resolution
and (if time permits) other business-financial related areas. Then, for the
remainder of the course, allows students to embark on an intense research and
writing experience on a one-on-one basis with the professor. Reconvenes students
and the professor at the end of the course to discuss the course and student
research findings. Designed for the primary course objective to be the production
of a high-quality research paper similar to a good law review student comment.
Asks students to identify a specific situation in which the idea of globalization
helps explain recent legal developments, to distinguish them from situations
in which globalization has had little or no impact on the law and to develop
strategies for anticipating where globalization is most likely to have an impact
on the future development of the law.
How Lawyers See the World: Theories of Legal Interpretation, Justification
and Institutionalization (8248)
Three hours. A course that is concerned with general theoretical questions
about the nature of law and legal systems, about the relationship of law to
justice and morality and about the connections between law and the humanities.
Considers as an animating theme whether law is an autonomous discipline and
considers, as part of the objective of the course, this question from a variety
of angles. Uses, as tools, philosophical and literary texts, as well as a number
of representative cases.
Immigration Law (8258, 6353)
Two or three hours. An analysis of the Immigration and Nationality Act and
relevant regulations with respect to the immigration of aliens, the substantive
and procedural aspects of deportation and exclusion proceedings. A review
of nationality law with respect to citizenship and expatriation. May consider
special problems of refugees in the United States.
Income Taxation (6460)
Four hours. Introduction to the federal income tax system; analysis of Internal
Revenue Code, Treasury regulations, rulings and case law; and consideration
of income, deductions, credits, assignment of income and accounting periods
and methods.
In-house Counsel (8275)
Two hours. The role and duties of in-house counsel to the corporation. Allows
students to examine the practical issues associated with internal investigations,
crisis management, shareholder advocacy, conflicts of interest, whistle-blower
complaints and corporate compliance programs. Also examines the role and duties
of the corporate board and the regulatory structure under SEC rules and the
Sarbanes Oxley Act.
Insurance (6254, 6354)
Two or three hours. An exploration of the principles governing the nature of
insurance law; the principle of indemnity, including insurable interest, measure
of recovery and multiple claims for indemnity (subrogation and other insurance);
people and interests protected; risks transferred, including nature of loss
and its causes, warranties, representations and concealment; limits and duration
of coverage; rights at variance with policy provisions; claims processes; and
insurance institutions.
Intellectual Property (6356)
Three hours. An overview of intellectual property law for both students with
a general interest in the area and students who are pursuing specialized fields
with IP. Outlines, beginning with an analysis of the competing theories underlying
IP law, the basic principles of patent, copyright, trademark and trade secret
protection, as well as current issues in software protection, biotechnology
and competition policy.
Intellectual Property and Business Organizations (6258)
Three hours. An examination of the role of intellectual property as a business
asset by studying the critical events in a hypothetical business as it progresses
from start-up to a terminating event such as bankruptcy, merger or acquisition.
Covers topics including: identifying intellectual property at the start-up phase,
protecting intellectual property interests in the employment relationship, trade
secrets, licensing, antitrust issues, intellectual property at the termination
of a business and managing an intellectual property portfolio. Requires Business
Enterprise and Intellectual Property or instructor’s permission as prerequisite
or corequisite. Recommends Intellectual Property or two other intellectual property
courses. May waive these requirements with permission of the instructor in unusual
circumstances when a student brings extensive business experience involving practice
with intellectual property issues. Uses exam and possibly problem sets for evaluation.
International Banking and Finance (7213, 7313)
Two or three hours. Draws selected topics (which may vary from year to year)
from the following areas: the international monetary system and role of international
financial organizations as related to private transactions, specialized problems
of financing international business and selective international financial transactions
(such as exchange market operations, country lending, Eurodollar and Eurobond
financing, international loan syndications, project financing and international
trade financing). Uses guest expert lecturers. Often contains interdisciplinary
and cross-cultural subject matter. May require written exam and/or paper.
International
Business Transactions (7215, 8215)
Two hours. A basic course for U.S. and international students on fundamental
legal problems encountered in international business. Particularly beneficial
as a foundation course for the second-year student desiring to pursue the international
law area or for the third-year student desiring only a survey of the area.
International
Commercial Arbitration (6227, 6327)
Two or three hours. A reasonably in-depth coverage of the basic concepts and
issues of international commercial arbitration. Allows the student to review
the arbitration rules of the primary institutions and the arbitration laws
of the primary arbitration sites and to draft basic arbitration clauses. Does
not deal with the topic of international litigation.
International and Comparative
Health Law (8345)
Three hours. A comparison of how different countries regulate costs, quality
and access in their health care systems. Countries with vastly different legal
and health care systems must respond to essentially the same concerns: Who
has access to health care services? Who pays for health care and how? How do
we regulate medical negligence? How do these systems respond to public health
crises, such as HIV/AIDS and infectious diseases? Provides an overview of different
health care and legal systems during the first part of the course. Then, allows
students to prepare and present research comparing and contrasting two countries’ responses
to a particular issue.
International Crimes (7356)
Three hours. The origins, development and growth of international crimes. Examines
the juridical bases and processes by which objectionable or offensive conduct
is transformed into an international crime. In this vein, identifies the attributes
and characteristics of international crimes and explores the practical as well
as doctrinal problems relating to the regulation, prevention, control and suppression
of this genre of crimes.
International Economic Law and Development
(8319)
Two or three hours. Qualifies as a general writing course. A foundation course
that enhances the understanding of international financial, monetary, trade
and investment law and regulation and related economic development theories/policies
in their current global setting, particularly as they directly impact 80 percent
of the world population—that is, that of the developing world. Against
the constantly changing background of economic policymaking, an examination
of economic and legal interaction among industrialized state, developing countries,
international (such as U.N. economic functions, IMF and World Bank Group) and
regional economic institutions (such as in Latin America and Africa) and private
actors (such as multinational corporations, international commercial financial
institutions and non-government organizations). Designed with the primary aim
of providing an overview of the legal and institutional foundations of the
new evolving global international economic order. Pays particular attention
to the issues of sustainable economic development, stable financial systems
and alleviation of poverty in developing/emerging countries. May cover issues
such as the basic legal principles/doctrines governing international economic
organizations, official development assistance, the U.N. Millennium Goals,
the Washington Consensus v. the Monterrey Consensus, the WTO Doha Agenda for
developing countries, South-South and North-South regional economic integration
efforts, sovereign debt reduction and rescheduling, privatization development
programs and development of appropriate economic legal and judicial infrastructures
for development and post-conflict economic reconstruction. Designed to be of
particular importance for domestic and international students seeking an international
legal practice with private firms, international and regional bodies, domestic
government and private bodies dealing with the international arena.
International Environmental Law (6276)
Two hours. An introduction to elements of international law that may regulate
conduct affecting the global environment. Focuses on a number of issues including
emerging principles of international customary law, transboundary pollution,
international trade in hazardous wastes and the relationship between international
trade and the environment.
International and Foreign Legal Research (8312)
Three hours. Research methods to find and evaluate international and foreign
legal materials using both electronic and print resources. Designed with the
principle purpose of providing the basic knowledge and skills needed to conduct
competent international and foreign legal research. Also, with the secondary,
but important, goal of expanding on and reinforcing the basic legal research
skills that students had earlier gained from the first-year legal research
and writing course. Allows students to become skilled in researching various
international and foreign legal sources through practical application in
assignments and in-class exercises. In short, a course on international and
foreign legal research sources and techniques. Requires students to bring
their own laptop computer.
International
Franchising Law (7231)
Two hours. A discussion of the topics to consider in internationalizing a franchise,
both economically and legally. An in-depth look, during each class period,
at either a step in the internationalization process or a major area of consideration
before “going global.” Pays special attention to the European Union
as well as major emerging markets such as Eastern Europe, Middle East, China,
South America, India and Asia. Includes topics such as structuring the franchise,
tax, trade, intellectual property, mergers and acquisitions and dispute resolution.
An excellent course for anyone considering franchise law or international business
as international franchising is the next big wave in the global economy and a
trend that will continue well past the foreseeable future.
International Intellectual
Property (6226)
Two hours. When intangible property crosses imagined borders, it becomes subject
to competing cultural concerns, economic interests and protective regimes.
A focus on the international regulation of intellectual property and the resolution
of disputes through institutions such as the World Intellectual Property Organization
and the World Trade Organization, multinational and regional treaty agreements
and national responses. Includes policy issues such as the perspectives of
developing and industrialized countries, problems generated by emerging biotechnologies
and the growth of cyberspace and future trends in harmonization of IP protection.
International
Law (Public) (6355)
Three hours. The basic course in public international law, including (with
varying emphasis depending on teacher preference) topics such as: nature, history
and sources of international law; customary international law; law of treaties;
the relationship between municipal law (especially of the United States) and
international law; recognition and subjects of international law; law of the
sea; air and space law; environmental law; human rights; jurisdiction; state
responsibility; state succession; dispute settlement; and regulation of state
use of force.
The International
Law Review Association of SMU (6130, 8230, 8330)
Maximum credit, five hours. Law review experience involving preparation of
comments on topics of current interest, notes on cases of significance and
editorial work incident to publication of The International Lawyer, Law and Business
Review of the Americas and Yearbook of International Financial and Economic
Law. Requires that students must be selected for participation before
they may enroll. Available only to J.D. students.
International Litigation and Arbitration
(7214, 7314)
Two or three hours. An examination of practical aspects of private litigation
involving a foreign element. Includes comparative concepts of jurisdiction,
service, taking evidence abroad, divorce and enforcement of foreign nation
judgments, as well as choice of law in contracts, torts and decedent estates.
Also explores arbitration as an alternative means of resolving transnational
commercial disputes. Pays particular attention to relevant new treaties.
International Organizations
Law (7355)
Three hours. The structure, status and function of international organizations,
especially the United Nations system and its related organizations, functional
arrangements, peace and security, trade, economic and monetary matters and
human rights.
International Protection of Human Rights (6224, 6324)
Two or three hours. Selected topics, including the protection of individuals
and groups against violations by governments and private institutions of their
internationally guaranteed rights and the promotion of these rights. May require
the presentation and discussion of student papers.
International Tax I (7216,
7302)
Two or three hours. A basic course for U.S. and international students focusing
on foreign citizens, residents and business entities conducting business or
investment in the United States—so-called inbound transactions.
International Tax II
(7255)
Two hours. A basic course for U.S. and international students focusing on U.S.
citizens, residents and business entities conducting business or investment
outside the United States—so-called outbound transactions.
International
Transactions: Western Hemisphere (6203, 6303)
Two or three hours. Basic legal dimensions of the key Western Hemispheric economic
integrations efforts, including the North American Free Trade Agreement, CAFTA,
LAIA, Andean Community and MERCOSUR and their effects upon trade, investment,
licensing, migration and law reform in the Americas. Considers the status and
possible impact of the FTAA. May use guest expert lecturers. May require written
exam and/or paper. Sometimes offered as a writing seminar.
Jurisprudence (7329)
Three hours. A survey of major theories of legal philosophy.
Juvenile Justice
(7258)
Two hours. A study of juvenile delinquency as a social concept; law of delinquency;
procedure in juvenile court; and the unique aspects of a lawyer’s role
in a delinquency case.
Labor Law (6360)
Three hours. Law regulating the employment relationship studied in connection
with various forms of group conflict and organizational activity. Covers rights
and duties of individuals and institutions in the labor-relations context;
concerted activity, including strikes, picketing and boycotts; negotiation
and enforcement of collective agreements; employee-union relations; and problems
of jurisdiction and accommodation among courts, boards and arbitrators. Emphasizes
the substantive and procedural law of the Labor-Management Relations (Taft-Hartley)
Act.
Land
Use (6363)
Three hours. Planning, zoning, subdivision, takings, zoning and discrimination
and administrative process in public land use planning.
Law and Archaeology (6262)
Two hours. The legal aspects of scientific study of the prehistoric human past
in its varied and dynamic manifestations. Includes topics such as archaeological
excavations on land and underwater; the collection of artifacts and information;
the scientific study of ancient human remains and cultural objects; the curation,
preservation and handling of sites, structures and objects; the preservation
and development of lands and surrounding landscapes; and the perspectives of—and
interactions with—living indigenous culture groups, landowners and other
stakeholders in the material remains of the past with an eye to both legal and
ethical implications.
Law and Medicine – Bioethics (7330)
Three hours. The interplay between bioethics and law in the context of topics
such as human reproduction, death and dying and human experimentation.
Law and
Medicine – Health Care (7420)
Four hours. An examination of the application of law and legal process to the
resolution of problems and the development of policies relating to health and
health care services. Intended to develop an understanding of the social, business,
policy and ethical implications of legal rules and procedures, as well as an
understanding of how the law shapes the financing, organization and delivery
of health care in America. Usually includes tax, antitrust, insurance and tort
law; medical and hospital licensure and accreditation; Medicare and Medicaid;
and state and federal health care regulation.
Law and Medicine – Medical
Malpractice (7233)
Two hours. An examination of the legal and economic aspects of medical malpractice,
including elements of the prima facie case, defenses and problems of proof.
From time to time, also focuses on the potential liability of the individual
practitioner and of health care institutions, tort reform legislation, the
structure of insurance markets, negligent nondisclosure risks and treatment
alternatives, forensic medicine and the use of medical and scientific evidence
in the courtroom and legal and ethical aspects of the professional-patient
relationship.
Law, Literature, and
Medicine (6205)
Two hours. An opportunity for law students and medical students to read and
discuss novels, poems, plays and short stories concerning their two professions,
including ethical dilemmas that are encountered in legal and medical practice
and a variety of client and patient experiences. Also includes readings that
focus on the professional and academic aspects of the humanities in law and
medicine. Requires joint assignments and projects throughout the term and a
research paper or comparable final project.
Lawyering
and Ethics for the Business Attorney (8170)
One hour. The role of the corporate lawyer in the counseling and litigation
settings. Includes subjects such as the role of the lawyer in the close corporation,
client fraud dilemmas, conflicts of interest, internal corporate investigations,
litigating and the SEC, the role of inside counsel, business relationships
with clients and related party transactions.
Law of Electronic Commerce and the Internet
(7368)
Three hours. A writing seminar that looks at the impact of new technologies
on commercial transactions. Covers topics such as Web site development and
hosting agreements, online payment systems including wholesale wire transfers
and Internet payment systems, information and software licensing and online
contracting issues such as electronic data interchange, digital signatures
and electronic records in lieu of writings. Requires each student to write
one paper during the term and give a presentation in class based on that paper.
Provides hands-on training in any necessary software or equipment.
Local Government Law (6277)
Two hours. Legal issues governing the formation and operations of cities and
other local government units. Examines police powers, financing, employment
and governmental liability. Analyzes constitutional, legislative and judicial
sources of power and control. Provides a foundation for legal and civic services.
Mass
Tort Litigation (8217, 6317)
Two or three hours. A study of the unique procedural and substantive issues
encountered by the courts in resolving multiple claims for tort damages arising
from the same, or parallel, injury-producing conduct. Traces the efforts of
the courts to resolve mass tort cases more efficiently through innovative use
of procedural devices such as consolidation, multi-district transfer and the
class action. Also examines the difficulties of applying traditional principles
of tort, evidence and ethics law in the mass tort context.
Mental Health Law and Policy (6302)
Three hours. An examination of the history and current state of mental health
law, the empirical research on the impact of mental health law on the lives
of people with mental disabilities and proposals for improving the law. Requires
paper.
Mock Trial (6183)
One hour. Participation as a member of a mock trial team representing the School
of Law in one of several inter-school competitions in which the School of Law
participates each year. Allows one hour of credit for each competition up to
a maximum of two hours. However, requires that students must be selected
for participation on a competition team by the faculty coach before they can
enroll for credit.
Moot Court (Advanced) (6176)
One hour. Participation as a member of an appellate advocacy team representing
the School of Law in one of several inter-school competitions in which the School
of Law participates each year. Allows one hour of credit for each competition
up to a maximum of two hours. However, requires that students must be selected
for participation on a competition team by the faculty coach before they can
enroll for credit.
Moot Court Board (6177)
One hour. Satisfactory work as a member of the Moot Court Board. Maximum of one
hour credit. Requires that students must be selected. Also provides that
students who are selected to draft the Jackson Walker moot court problem
and briefs may be eligible for an additional one hour credit, which will count
toward the general
Negotiations (7285)
Two hours. Introduces students to legal negotiation theory and practice and
prepares them as lawyers to engage in the negotiation process. While the
course will cover all major areas of negotiation theory (including interest-based,
cooperative-competitive and aggressive-competitive), a major goal is to expose
the students through practical skills exercises to the various contrasting
approaches to negotiation and allow the student to determine the style and
approach that best fits the student’s
personality in the context of legal conflicts likely to be encountered after
law school. Designed to provide students with the fundamental skills, knowledge
and actual experience in real negotiations to lay the foundation for future lawyers
to develop and hone their negotiation skills through continuing practice and
experience after conclusion of the course.
New Media and the Digital World (7232)
Two hours. An overview covering the laws that apply to new media applications
and technologies. Reviews traditional media concepts, but with a primary focus
upon intellectual property, communications and regulatory law and other aspects
of conducting business in the new media world. Intended to create an understanding
of the wide range of issues these new technologies cover, rather than a concentration
in one particular area. Serves as a complement to students concentrating in
intellectual property, media communications and U.S. Constitutional law.
Oil and Gas (6378)
Three hours. Ownership in oil and gas, correlative rights and duties in a common
reservoir, instruments conveying mineral interests, partition, pooling and
unionization. Special emphasis on the rights and duties of the oil and gas
lessee and lessor in leasing transactions.
Oil and Gas Contracts: Domestic and International (7269,
7369)
Two or three hours. A survey of basic oil and gas contracts used in exploration
and production operations both in the United States and internationally. Includes
support agreements, farm-out agreements, operating agreements, gas contracts,
gas balancing agreements, division orders, concessions, production sharing,
participation agreements and technical agreements. Focuses on both fundamental
principles and current issues. Explores drafting solutions and alternatives.
Oil and Gas Environmental
Law (7264)
Two hours. A study of environmental law as it applies to the oil and gas extraction,
processing, refining and transportation segments of the energy industry, with
emphasis on common law and solid waste issues.
Partnership Taxation (7392)
Three hours. The formation of partnerships, taxation of partnership income,
special allocations, elective basis adjustments, distributions, liquidations,
retirements, transfers of partnership interests and family partnerships.
Patent Law (6280)
Two hours. An introduction to patent and trade secret law for the protection
of inventions, technical know-how and other proprietary intellectual property.
Includes procedures and approaches to protecting high technology, such as computer
software, integrated circuitry and genetic engineering. Also includes the law
and procedure of developing the rights, as well as licensing and litigation
aspects. Briefly covers trademark law. Does not require a technical background
as a prerequisite for the course.
Patent Licensing and Enforcement (7262)
Two hours. A study of issues regarding the licensing and enforcement of patents.
Analyzes in depth, in the first half of the course, the structure of a patent
licensing agreement. Explores, in the second half, enforcement of patent rights
in federal court.
Payment Systems/Negotiable Instruments (9301)
Three hours. An overview of the law of negotiable instruments, the bank collection
system for checks and modern forms of payment such as wire transfers. Places
special emphasis on UCC Articles 3, 4 and 4A, as well as on selected federal
regulations.
Perspectives of American Business Law (7277)
Two hours. A survey of American business laws for international LL.M. students.
Draws selected topics, from year to year, from the laws of agency, partnership,
corporation, securities, antitrust, bankruptcy and business taxation. Teaches
from the perspective of assisting non-U.S.-trained lawyers to draw comparative
and practical lessons and otherwise to enrich these students upon their return
home. Limits enrollment to international LL.M. students.
Perspectives of the American
Legal System (7293)
Two hours. Required for and designed to provide international graduate students
with an introduction to the U.S. legal system. Places primary emphasis on examining
the nature of the U.S. judicial system, the common law system of case law development
and trial and appellate processes. Explores the interrelationship of law and
U.S. society. Further attempts to develop basic U.S. legal writing, research
and exam-taking skills. Taught in the fall term. Limits enrollment to international
LL.M. students.
Perspectives on Counterterrorism (7334)
Three hours. Acts of terrorism, committed against the state by non-state actors,
are not new. From a lawyer’s point of view, what is new about the state’s
repertoire of responses to them? What are the constants and what are the variables
that influence a state’s recognition, definition and reaction to real or
perceived threats to the state’s core responsibility for domestic security?
By what standards should state action be assessed? And what role should law and
lawyers play during such extraordinary times? A course that takes an insistently
interdisciplinary and occasionally comparative approach to these and other legal
issues in America’s “war on terror.” Draws readings from familiar
legal sources, but also from works of history, the social sciences and literature.
Requires that students taking this course may not take National Security and
Criminal Law Enforcement.
Private Equity and Hedge Fund Law and Related Finance
(8208)
Two hours. An ever growing portion of investment capital is being controlled
by private funds, such as hedge funds, equity funds, real estate funds and
hybrid funds. A survey course that uses a mixture of cases, lectures and guest
speakers to study each component of the private fund world and how law, both
from an investment and legal perspective, affects the private fund community.
Discusses accounting, finance, legal and tax issues at a very high level in
order to provide a broad general overview.
Products Liability (6279, 6379)
Two or three hours. Study of the development of the concept of recovery for
injuries caused by products, survey of civil actions for harm resulting from
defective and dangerous products, study of problems associated with hazard
identification and the process of evaluation of risk, government regulation
on dangerous and defective products and current and pending legislation dealing
with injuries and remedies in specific areas.
Psychiatric and Psychological Evidence (8382)
Three hours. A limited enrollment class that is team taught by Professor Daniel
Shuman and Dr. Randall Price, a forensic psychologist. Helps students gain
experience in presenting and challenging psychiatric and psychological expert
testimony in judicial proceedings. A limited enrollment class designed to
accommodate 10 law students and 10 graduate psychology students or psychiatry
residents. Pairs the law students and psychology students or psychiatry residents
in teams to prepare for and participate in a mini-trial during the last portion
of the class.
Real
Estate Transactions (7326)
Three hours. Transfer, finance and development of real property; the real estate
sales contract; the duties and remedies of sellers, purchasers and brokers;
conveyancing; title protection, including recording laws, the mechanics of
title search, clearing titles and title insurance; real estate finance, including
mortgages and federal programs; and condominiums, cooperatives and shopping
centers. Some emphasis on Texas law.
Regulation of Securities and Commodities Markets (6288)
Two hours. A study of the securities laws as they relate to the securities
industry itself. Focuses attention on the roles of broker-dealers, investment
advisers and stock exchanges within the scheme of self-regulation under federal
law and on activities of underwriters and specialists. Addresses problems
including broker-dealer duties and liabilities to customers, market manipulation,
price stabilization, margin regulations and competition in the industry.
Paper or examination.
Sale
of Goods Transactions (6289, 6389)
Two or three hours. An introductory survey of the law of sales under the Uniform
Commercial Code. Places particular emphasis on Article 2; contract formation;
parole evidence rule; statute of frauds; risk of loss; receipt and inspection;
acceptance, revocation; warranties; remedies of buyer and seller; remedy disclaimers
and limitations; documentary transactions; and consumer protection.
Secured Transactions
(7325)
Three hours. An introductory survey of the law governing security interests
in personal property, with particular emphasis on Article 9 of the Uniform
Commercial Code and the Bankruptcy Code.
Securities Litigation and Enforcement (7276, 7376)
Two or three hours. A comprehensive study of public and private actions under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the Investment
Advisors Act of 1940. Pays special attention to the implication of causes of
action: the elements of each cause; vicarious liability; the liability of attorneys,
accountants and directors; and the peculiarities of civil procedure as applied
to securities litigation and damages. Also studies non-damage actions, including
SEC enforcement proceedings, criminal actions, contempt proceedings and state
actions. Requires papers.
Securities Regulation (7375)
Three hours. A study of the securities laws (primarily federal but also state,
especially Texas) and of the activities and industry they govern. Places the
principal emphasis on the regulation of issuance, sale, resale and purchase of
securities and on the disclosure requirements generated by the registration,
reporting, proxy, tender and antifraud provisions. Includes other important subjects
such as civil liability (express and implied), government enforcement, exemptions
from registration (especially private placements), insider trading and the meaning
of “security.” Also discusses the functions of the Security Exchange
Commission (SEC) and of state securities administrators. Covers broker-dealer
and market regulation if time permits.
Selected Problems in Antitrust Law (7383)
Three hours. Seminar in antitrust law. Considers topics not covered or not
emphasized in the basic antitrust course. Varied content but could include
private antitrust enforcement, patent law and antitrust, antitrust exemptions
and immunities and extraterritoriality and foreign antitrust law.
Selected Topics in Commercial
Law (6304 )
Three hours. Requires each student to submit a seminar paper on a topic
that addresses how a particular area of domestic U.S. commercial law relates
to international transactions. Includes international sales, letters of credit,
carriage of goods, international wire transfers and cross-border insolvency.
Selected
Topics in Intellectual Property (7337)
Three hours. A course that is designed to allow students to develop their own
research projects in the field of intellectual property. Combines student discussion
of their research with discussion of current topics of litigation and legislation
in the field, including patent reform, international intellectual property
harmonization, digital rights management and competition issues in intellectual
property.
Sentencing
and the Death Penalty (7354)
Three hours. An examination of the role of sentencing in the criminal justice
system, contrasting sentencing models and ranges of authority. Includes study
of alternatives to incarceration in light of criminal justice philosophies,
scarce resources and political support. Explores the decision-making process,
the use of sentencing guidelines and habeas corpus. Also includes
examination of the death penalty from historical and contemporary perspectives,
justifications for it, evolution of constitutional standards for its imposition,
review of empirical data on deterrent effect and demographic distribution of
death sentences, modes of execution, access to review of sentences and state-federal
relations.
Small
Business Clinic
Two hours. Many small businesses have a wide range of legal issues. A course
that gives student attorneys the opportunity to assist small businesses and
non-profit organizations with various legal matters that these entities face,
advise clients in the start-up of their business and assist in preparing necessary
legal documents, form and give advice to non-profit organizations, learn how
to deal with clients involving transactional business law and have a hands-on
experience of representing clients in a wide variety of business issues. For
many students, this will be their first time to practice law and have an experience
dealing with clients.
SMU
Law Review Association (6100, 6200, 6300)
Maximum credit, five hours. Preparation of comments on topics of current interest,
notes on cases of significance and editorial work incidental to publication
of the SMU Law Review and the Journal of Air Law and Commerce.
Requires students to be selected for participation before they may enroll.
Available only to J.D. students.
SMU Science and Technology Law Review (9115, 9215, 9315)
Maximum credit, five hours. Law review experience involving preparation of
comments on topics of current interest, notes on cases of significance and
editorial work incidental to the publication of the SMU Science and Technology
Law Review. Requires students to be selected for participation before
they may enroll. Available only to J.D. students.
Sports Law (7273)
Two hours. A study of the legal and business structure of professional and
amateur sports, including an overview of the development of the professional
sports industry, an examination of the basic agreements controlling professional
sports, representation of professional athletes, the role of labor unions
in professional sports, sports league governance and decision making, sports
media issues and amateur athletic associations. Considers the various constituencies
within professional and amateur sports, the extent to which they have different
interests and the legal framework within which they seek to advance those
interests.
State and Local Taxation (6293)
Two hours. Selected problems in state and local taxation of individuals and
corporations with particular reference to property, sales and income taxes.
Problems of constitutional authority, intergovernmental conflict and cooperation,
economic impact and administrative review processes.
Structured Finance (8207)
Two hours. The design of financing solutions so as to resolve particular issuer
or investor problems that cannot be solved by conventional methods. Taught through
lecture, class discussion, guest speakers and group work on case studies. Focuses
on identifying situations that call for nonstandard corporate finance solutions,
the design and pricing of these financing instruments, the legal and regulatory
issues involved with such instruments and legal counsel’s responsibility
in understanding and addressing the ramifications of such issues. A survey course
designed to cover a broad array of structures and structured finance products.
Emphasizes the more commonly securitized assets and the more commonly used structures.
Does not require any significant quantitative analysis, but will instead focus
on the legal and regulatory aspects of the structured offerings. Addresses accounting
and tax issues from a legal perspective and requires no prior accounting experience.
Discusses many areas of law, but requires no specific prerequisites.
Tax Accounting
(7227, 6393)
Two or three hours. Timing of income and deductions for federal income tax
purposes, including accounting periods, the cash receipts and disbursements
and accrual methods, installment sales, interest income and deductions, time
value of money provisions, depreciation and recapture.
Tax Practice and Professional Responsibility
(7294)
Two hours. Federal tax research and writing, as well as the parameters of professional
responsibility in the context of the three main aspects of federal tax practice:
planning, reporting and representation in controversies.
Taxation and Fiscal Policy
(7284)
Two hours. The interaction between budgetary demands and revenue policy, equity
and fairness of taxation, effect of taxation on business activity and social,
political and economic implications of the tax structure.
Taxation of Deferred
Compensation (7290)
Two hours. Income, estate and gift tax law relating to various deferred compensation
plans, including profit-sharing, stock bonus and pension plans; qualified and
non-qualified stock options; deferred compensation contract; and restricted
property. Considers corporate, securities, labor and community property law
as appropriate.
Taxation
of Professional and Closely Held Corporations (7271)
Two hours. Organization, operation and termination of a professional or other
closely held corporation; income tax and estate planning considerations of
employee compensation programs including health and medical plans, qualified
retirement plans and other employee benefits; income and estate tax planning
for departure of a principal, including buy-sell agreements; and comparison
of Subchapter C and Subchapter S corporations and unincorporated forms of business.
Taxation of
Property Dispositions (7291)
Two hours. A survey of property transaction taxation including realization
events, amount realized, basis rules, nonrecognition exchanges, losses, characterization
rules, debt and security transactions and mortgaged property transactions.
Texas
Criminal Procedure (7239, 7339)
Two or three hours. A study of the Texas Code of Criminal Procedure and its
implementation in the Texas courts from the point of arrest through the appellate
stage of the proceedings.
Texas Matrimonial Property (6395)
Three hours. The Texas law of marital property, its characterization as separate
or community property, its management and liability and its division on dissolution
of marriage by annulment, divorce or death of a spouse with special attention
to the family home and other exempt property.
Texas Pretrial Procedure (7385)
Three hours. Texas civil procedure prior to trial, including establishing the
attorney-client relationship, the pre-litigation aspects of civil controversies,
jurisdiction, service of process, pleading, joinder of parties and claims,
venue, res
judicata and related principles, discovery, summary judgment practice
and settlement.
Texas Trial and Appellate Procedure (7386)
Three hours. Texas civil procedure from the commencement of trial through appeal,
including selection of the jury, presentation of the case, motions for instructed
verdict, preparation of the jury charge, motions for judgment notwithstanding
the verdict and for new trial, rendition of judgment, and perfection and prosecution
of civil appeals through the courts of appeals and supreme court.
Trademark and
Business Torts (6397)
Three hours. An examination of common law and statutory remedies for a variety
of trade practices denominated “unfair,” including misappropriation,
the right of publicity and trade secret protection; trademarks; copyrights; deceptive
advertising; and issues of federal preemption. Also examines the role of the
Federal Trade Commission with respect to unfair and deceptive practices, with
emphasis on its regulation of advertising.
Trial Advocacy (7496)
Four hours. Limited enrollment. An intensive course in trial tactics, techniques
and advocacy, emphasizing the practice of the separate components of a trial:
direct examination, objections, cross-examination, use of rehabilitative devices,
examination of expert witness, jury selection, opening statements and closing
argument. Gives each student, at the end of the term, the opportunity to act
as co-counsel in a full trial. Uses video tape recording for critiquing student
performance throughout the term.
Trial Techniques I (6120)
Two hours. An introductory trial techniques course that offers students a unique
opportunity to learn fundamental trial skills against the backdrop of studying
real trials. For example, through the study of video footage and trial transcripts,
students will examine trial techniques as they were executed in the O.J. Simpson
civil and criminal trials and the Timothy McVeigh trial. Students will get to
study one of the greatest opening statements ever given: the prosecution’s
opening in the McVeigh trial. Likewise, students will see unforgettable video
footage of the execution of specific trial techniques in the Simpson criminal
trial. Such footage includes F. Lee Bailey’s cross-examination of Mark
Fuhrman, Christopher Darden’s direct examination of a key witness and Johnnie
Cochran’s closing argument. Taught by Assistant U.S. Attorney Shane Read,
who is author of a new trial advocacy textbook, Winning
at Trial. Bases grades
on student performances throughout the semester (such as opening statement, direct
examination, cross-examination and closing argument) and class participation.
Preclusions: This course is an alternative to Trial Advocacy for students who
are interested in a trial skills class but who do not have time to devote the
four hours required for the full course. There is nevertheless substantial overlap,
such as opening statement, direct examination, cross-examination and closing
argument. However, in addition to the subjects covered in this class, Trial Advocacy
includes voir dire, impeachment, the introduction and use of exhibits and a final
full jury trial downtown. Students who have taken Trial Advocacy may not take
this class, and students who take this class may not take Trial Advocacy.
Water
Law (8211)
Two hours. A survey of water law examining concepts of ownership and rights
of use, statutory and common law rules for allocating and administering surface
and underground water rights, environmental protections of water resources,
shared public and private uses of water, competing claims of governmental entities
and transboundary conflicts.
White Collar Crime (7205, 7305)
Two or three hours. An advanced criminal law course that covers the substantive
law of federal white collar crime including conspiracy, mail fraud, Racketeer
Influenced and Corrupt Organization (RICO), public corruption, money laundering,
financial institution fraud, tax fraud and environmental crime. Also addresses
issues of corporate and executive criminal liability and parallel civil/criminal
proceedings.
Wills and Trusts (6495)
Four hours. Functional examination of state and interstate succession; execution
and revocation of wills; testamentary capacity, undue influence, mistake and
fraud; failure of devises and legacies; creation of express trusts; resulting
and constructive trusts; spendthrift trusts; charitable trusts; rights, duties
and powers of settlers, trustees and beneficiaries of trusts; liabilities of
trustees to third persons; termination of trusts; class gifts; powers of appointment;
rule against perpetuities; administration of estates and trusts; principal
dispositive instruments employed in the wealth transfer process; role of
taxation; and drafting of instruments.
Women in the Law (7361)
Three hours. The study of legal issues that particularly affect women and how
the law, in its choices regarding these issues, has helped to form women’s
position in American society.
Graduate-level courses that are offered in other graduate or professional schools of the University and are relevant to the student’s program may be taken with approval of the assistant dean for Student Affairs, who shall also determine the law school credit equivalents to be awarded for such study. No more than six hours may be awarded toward law school hours required for graduation. For information, see the Registrar’s Office.
For transfer from other law schools, see The J.D. Program (Students Eligible). After entry in this law school, summer courses in other law schools may be taken for transfer of credits with prior approval of the assistant dean for Student Affairs. Transfer credits may be earned in regular terms only in extraordinary circumstances of demonstrated special need. See The J.D. Program, Credit for Work Completed at Other Schools. For information, see the Registrar’s Office.
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