This guide is designed to help make your time in law school as intellectually and professionally satisfying as possible, and to help ensure that your academic program will prepare you to become a competent and ethical attorney. It contains information about SMU’s required courses, general advice about selecting courses, and specific Guides to Subject Area Expertise that describe the courses and other law school resources related to particular practice areas
Here’s what you can find in this guide:
The first year curriculum is designed to teach the fundamentals of legal analysis, to introduce you to legal subjects on which most of the law is built, and to give you a strong foundation in legal research, writing, and advocacy skills. During their first year at SMU, J.D. students complete the following courses:
Full Time Students
Fall Civil Procedure I (3 hours) Contracts I (2 hours) Criminal Law (3 hours) Legal Research, Writing & Advocacy (3 hours) Property I (2 hours) Torts I (3 hours)
Spring Civil Procedure II (2 hours) Constitutional Law I (2 hours) Contracts II (3 hours) Legal Research, Writing & Advocacy (3 hours) Property II (3 hours) Torts II (2 hours)
Evening Division Students
First Year Fall Civil Procedure I (3 hours) Contracts I (2 hours) Legal Research, Writing & Advocacy (3 hours) Torts I (3 hours)
First Year Spring Civil Procedure II (2 hours) Contracts II (3 hours) Legal Research, Writing & Advocacy (3 hours) Torts II (2 hours)
Second Year Fall Constitutional Law I (2 hours) Criminal Law (3 hours) Property I (2 hours) Electives (5-6 hours)
Second Year Spring Property II (3 hours) Electives (5-6 hours)
In order to earn the J.D. degree, a student must successfully complete 87 hours of credit, with a Grade Point Average of at least a C (2.0). In addition to the required courses described above, you must take the following courses:
Substance Constitutional Law II (3 hours) Professional Responsibility (3 hours)
Skills
Edited Writing – Edited Writing seminars are designed to be a “capstone” experience for third year students, although 2Ls are allowed to take edited writing classes if space is available. These classes require the student to participate in an intensive, scholarly expository writing project. It may take the form of a single paper, of at least 30 pages, or several shorter papers, as the professor may direct. The professor will review and criticize the student's writing. Subject matter will vary at the discretion of the professor. Enrollment in each seminar is limited to 20 students. Classes that fulfill this requirement will be labeled “EW” in the registration materials.
General Writing – Students may get General Writing credit from any class in which more than half of the grade is based on a paper rather than exam, from law review writing credit, and for 2 or 3 hour Directed Research papers. Courses that fulfill this requirement will be labeled “GW” in the registration materials.
Professional Skills – Each student must complete at least one upper level course which includes substantial instruction in professional skills generally regarded as necessary for effective and responsible participation in the legal profession. This includes skills such as trial and appellate advocacy, alternative methods of dispute resolution, counseling, interviewing, negotiating, problem solving, factual investigation, organization and management of legal work, and drafting. To be “substantial,” instruction in professional skills must engage each student in skills performances that are assessed by the instructor. Courses that satisfy this requirement will be labeled “PS” in the registration materials.
Public Service After the first year of law school, each student must complete at least thirty hours of law-related public service work. The work must be uncompensated, and must be adequately supervised The goal of SMU's public service requirement is to enhance the legal profession and the law school curriculum by exposing lawyers-to-be to the importance of and the need for a life-long commitment to public service through a mandatory public service requirement. (Accordingly, the law faculty has also committed to perform an equivalent amount of public service work.) There are a number of pre-approved placements, and students may also request approval of new placements. For further information, see the Public Service website at http://www.law.smu.edu/publicservice.
After the required courses in the first year, you have great freedom to choose upper level courses and activities that help you achieve your personal and professional goals. This is a wonderful opportunity to explore the curriculum both to determine your interests and to develop the necessary substantive knowledge and lawyering skills. The information that follows is intended to help you create a coherent academic program.
As you will see, it will be helpful to plan ahead. Some courses are prerequisites for specialized courses or clinics and you should take them early. Some courses are offered either every other semester or every other year, while others are offered every semester. Other courses may be offered during the summer. By thinking this through in advance, you can maximize your opportunities to custom-tailor your law school experience to prepare yourself to serve your clients and your community.
There are no precise rules for selecting upper level courses – and you will find that your professors, mentors, and classmates will disagree about what considerations are the most important. Here are some factors that you can use in combination to help you determine the broader outlines of your academic experience.
1. Choose basic courses that provide a broad education, help you determine your interests, and prepare you for advanced courses. A broad understanding of the law is essential to practice, and it is important to get a legal education that introduces you to the legal concepts that structure our legal system. Clients will have concerns that are not confined to a single legal subject, and competent lawyers must recognize issues that are outside their specialties. Beyond the required courses, there are a number of courses that are important building blocks to your overall understanding of the law.
The building block courses can be broadly divided into the following areas: (1) Business, Corporate and Commercial; (2) Family Rights and Relationships; (3) U.S. Legal Institutions and Government Regulation; (4) Legal Processes; (5) Comparative and International Law; and (6) Perspectives. In choosing electives, think about taking courses from each of these basic areas. The courses listed are just examples – be sure to investigate the full course listings for available options. You will also notice that there are courses that fit into more than one category.
Business, Corporate and Commercial Law: The first-year courses of Contracts and Property Law are foundational to the study of business and commercial law. At the upper level, this group starts off with Business Enterprise, the fundamental overview of the state and federal law of business organizations. Take this course as soon as you are able, preferably in your second year. In addition, you should consider taking courses in commercial law (Sales, Payment Systems, Secured Transactions), Real Property (Real Estate Transactions), Taxation (Income Taxation, Corporate Taxation), Antitrust Law, Intellectual Property, and Bankruptcy (Creditors’ Rights).
Family Rights and Relationships: Individuals and families are also important in the U.S. legal system. A number of basic law school courses provide information about their rights and responsibilities, including issues of wealth distribution. These courses include Wills & Trusts, Family Law, and Texas Matrimonial Property. Taxation issues affect individuals as well.
U.S. Legal Institutions and Government Regulation: As an attorney, you need to understand the fundamentals of how the legal system works. This entails understanding how the U.S. Constitution is structured and how the basic components of the government interact with each other and with other persons and entities. You begin your study of this subject in the required Constitutional Law courses. Other courses in this group include: Administrative Law, Legislation, Federal Courts, Immigration Law, Environmental Law, Employment Discrimination, Civil Rights Law, Health Law, and Constitutional Criminal Procedure.
Legal Processes: Attorneys should also be familiar with the means by which our legal system resolves disputes and enforces legal norms. You begin this process by taking the required first year courses in Civil Procedure. Electives in this area can provide a more sophisticated understanding of the processes and institutions of litigation (Texas procedure, Evidence, Federal Courts, International Litigation & Arbitration) and alternative systems for resolving disputes.
Comparative and International Law: Cross-border and treaty issues arise in many areas of practice, particularly in a border state like Texas. A well-trained attorney should have familiarity with the basic principles of international law (both public and private), the methodology of comparative law, the mechanism of effective dispute resolution in an international setting, the role of international and regional organization in the global economic environment and the ways in which international issues arise in various areas of legal practice, in economic development and in legal reform. Basic courses in this group include: International Law, Comparative Law I, International Litigation & Arbitration, International Economic Law, and International Organizations.
Perspectives: A well-trained attorney reads broadly and has an understanding of the broader social context within which law operates. Courses in this group attempt to provide this context. Such courses include: Legal History; Law and Psychiatry; Critical Race Theory; Jurisprudence; Comparative Law I; Economic Analysis of Law; Globalization and the Law; Law and Religion; Lawyer as Reader and Writer; Women and the Law.
2. Choose a concentration of courses in one or more areas of law. You may want to develop deeper knowledge in an area that particularly interests you and in which you would like to specialize in practice. Advanced courses teach advanced skills and deal with complex problems that aren’t taught in survey courses; this can make these classes particularly interesting and intellectually challenging. The next section of this guide describes academic components of some areas of expertise. Beware, however, of excessive specialization. Even specialists need to be familiar with a full range of legal issues, and the law will continue to change over time. It is impossible to foresee the changing patterns in the job market, and too much focus can limit your career flexibility.
3. Identify skills that you want to improve. Another way to choose courses is to identify the skills that you will need in legal practice. The substantive law changes constantly, but the skills that you learn will last your whole career. Skills can be developed in courses that simulate legal practice (Trial Advocacy), in clinical experiences with real clients (Civil Clinic, Child Advocacy Clinic, Criminal Clinic, Mediation Clinic, Tax Clinic, Small Business Clinic), in externships, and in public service or other volunteer experiences – combining learning and community service. Consider courses that provide a wide range of practice skills such as advocacy, client counseling, written and oral communication, drafting, negotiation, mediation, and legal research.
4. Choose courses required for graduation and that will help you pass the bar examination. Remember that, even after the first year, there are requirements for graduation; plan them into your remaining semesters. The question of how many bar preparation courses to take varies by student and depends in large part on your ability to learn large amounts of information quickly through bar review courses, on your comfort level with exams, and on a number of personal factors. For some students, bar preparation should be only a small factor in selecting courses. On the other hand, it can be less daunting to study for the bar exam if you have had some exposure to the material during law school. In addition, students who have received below-average grades on law school exams may find it beneficial to take the basic courses on bar subjects to give them a firmer grounding in those areas. This can be time well spent, as many bar exam topics are fundamental components of the general practice of law. Students whose Grade Point Averages are 2.5 or less must consult with the Assistant Dean for Student Affairs before registration, and he may require those students to take up to three courses tested on the Texas bar examination. Law school courses that cover bar exam-related material are listed at SMU Course Recommendations.
5. Develop an academic relationship with a faculty member through coursework. Consider using some of your courses to help you develop relationships with one or more faculty members who will get to know you and your work, will be able to advise you, and give you meaningful recommendations. You can get to know faculty by being an active participant in and outside of class, enrolling in smaller more specialized courses and seminars, visiting professors during office hours, or writing a directed research paper under a professor’s supervision.
If you design your curriculum with these principles in mind, in combination with your required courses, you should have a fairly rich and structured legal education. You should use your time in law school wisely to obtain as sophisticated an exposure to the subject of law as possible in order to develop the types of skills and information you will need for whatever you end up doing with your law degree.
SMU offers a wide variety of professional skills courses and makes it possible for students to take advantage of the opportunity to practice and reflect on the kinds of things that lawyers do. These opportunities include trial skills courses, moot court and mock trial teams, externships, advanced legal research, business and corporate planning, commercial finance/real estate planning, courses in which legal drafting is a significant component, estate planning & practice, and litigation simulation classes. A number of classes combine both substantive law and professional skills experiences.
The most extensive and rigorous skills training -- involving real clients -- takes place in the legal clinics. SMU was one of the first law schools in the nation to sponsor a community legal clinic. Today our clinics are recognized nationwide. In these clinics -- the Civil Clinic, the Criminal Justice Clinic (including both prosecution and defense clinics), the Federal Taxpayers Clinic (including the Small Business Clinic), and the W. W. Caruth, Jr. Child Advocacy Clinic -- you receive careful, individualized attention and the opportunity to collaborate actively with each other in the service of the clients’ needs. Your clinic experience is likely to be demanding, enriching, and at times exhausting, but it will surely be a highlight of your law school experience. Through clinical work, you help the Dallas community meet the legal needs of the underserved, you experience the excitement of making a difference in the lives of others, and you graduate with legal experience.
Students become eligible to enroll in a clinic after they have completed half of the credit hours required for graduation, including all first year courses. Planning ahead will also help to maximize your ability to participate in clinic by taking the prerequisite courses as soon as possible: depending on the clinic, you may need to have completed Evidence, Professional Responsibility, Income Taxation, or Business Enterprise before applying. For further details on clinical education at SMU, see http://www.law.smu.edu/Academics/Clinical-Program.aspx
The guides that follow are for students who have an interest in a particular area of practice. They identify courses and other resources in the following areas:
The information within each section should help you select courses and other activities that will help you develop expertise in the relevant practice area. It will also suggest a logical sequence of courses, so that you can build from foundational courses that provide an overview of the area to those that require a high degree of knowledge and sophistication. Each section lists any clinical courses that are especially appropriate for practice in those areas. Note that students generally should not take all of the courses listed, as that could result in a kind of over-specialization that deprives you of the broad foundation described above.
The guides also suggest related courses that can provide information and skills that can enhance your practice. In addition, the guides identify externships (field experiences for law school credit), and public service opportunities (that satisfy your public service requirement for graduation) to enhance your skills and understanding. In addition to the pre-approved public service placements, students can seek approval of new placements that meet the program’s requirements.
The guides also identify opportunities to get involved with others who share your interests. When there are student organizations for those interested in a particular area, those are listed as well. Students can also network with attorneys who practice in their fields of interest by becoming involved with the relevant sections of the Dallas Bar Association and Tarrant County Bar Association. See http://www.dallasbar.org/ for information about the DBA and its activities and http://tarrantbar.org/ for the same information about the TCBA.
Antitrust practice involves counseling businesses about potential antitrust issues arising from their business practices (often called antitrust avoidance) as well as the implementation of antitrust compliance programs. It can also involve representing business entities before the government enforcement agencies in the merger review process and in civil and criminal investigations. Finally, antitrust practice typically involves representing plaintiffs and defendants in private antitrust litigation where the plaintiff is seeking treble damages and often injunctive relief for alleged antitrust violations.
Foundation Courses – Introducing the Basic Concepts Antitrust Private Litigation: Problems in Antitrust Selected Problems in Antitrust Law (EW)
Related Courses Administrative Law Business Enterprise Economic Analysis of Law Federal Courts Health Law Intellectual Property Regulated Industries Sports Law Trademark & Business Torts
Externship Federal Trade Commission
Faculty Here are some of the full-time faculty members who teach or have an interest in this area:
Paul Rogers [crogers@smu.edu]
Bankruptcy lawyers represent creditors and debtors in proceedings that will determine the rights of both. The debtors may be businesses or individual consumers. Lawyers working on bankruptcy issues get to deal with commercial law, corporate law, consumer law, and also may have even more opportunities for court appearances than litigators. Bankruptcy lawyers must have a working knowledge of commercial law and bankruptcy procedures as well as skill in negotiating, drafting, and advocacy. Many consider it the best of both worlds: interesting corporate and commercial law deals combined with trial work.
Foundation Courses – Introducing the Basic Concepts Creditors’ Rights Payment Systems Secured Transactions Sales Business Enterprise
Advanced Courses Advanced Bankruptcy
Related Courses Commercial Lending Commercial Remedies Consumer Law Corporate Finance & Acquisitions Corporate Planning Evidence Income Taxation Intellectual Property in Business Organizations Legal Accounting Negotiations Real Estate Transactions Texas Matrimonial Property (for practice in Texas) Trial Advocacy or Trial Techniques I
Externships There are a number of externship placements with bankruptcy judges in Dallas, Fort Worth, and Houston.
Student Activitie The John C. Ford Inn of Court is composed of practitioners and law students who are interested in bankruptcy practice. In addition, there is often a moot court team that participates in an interschool competition devoted to bankruptcy law.
Here are some of the full-time faculty members who teach or have an interest in this area:
David Epstein [depstein@smu.edu] Xuan-Thao Nguyen [xnguyen@smu.edu](secured transactions) Peter Winship [pwinship@smu.edu](secured transactions)
The practice of a corporate attorney is largely advisory and transactional. From the sole proprietorship to the publicly-held enterprise, the attorney counsels the client on a myriad of issues. These issues include, for example, choice of business entity, shareholder and related agreements (such as stock transfer agreements), law compliance, director and officer duties, mergers and acquisitions, and good corporate governance. In addition, the corporate attorney may opt to become a litigator, focusing on contested matters relating to alleged breaches of fiduciary duty, securities fraud, and insider trading.
Foundation Courses – Introducing the Basic Concepts Business Enterprise Securities Regulation
Recommended Courses – Corporate Law Electives Corporate Finance & Acquisitions Corporate Compliance Corporate Planning Corporate Taxation Corporate Legal Department Practice Counseling the Small Business Owner Ethical Dilemmas in Legal Practice Income Taxation Lawyering & Ethics for the Business Attorney Legal Accounting Regulation of Securities and Commodities Markets Securities Litigation & Enforcement Structured Finance
Clinics Small Business Clinic Tax Clinic
Related Courses Antitrust Law Banking Law: Domestic & International Creditors’ Rights Economic Analysis of Law Employment Law Environmental Law Franchising & Distribution Law Globalization & the Law: Business and Finance Immigration Law Intellectual Property International Business Transactions International Franchising Payment Systems Products Liability Real Estate Transactions Sale of Goods Transactions Secured Transactions
[For those interested in corporate litigation, see also Civil Litigation and Dispute Resolution. For those interested in corporate insolvency, see also Bankruptcy Law.]
With prior permission, students may also take up to six credit hours of graduate-level courses at SMU’s Cox School of Business.
Externships SEC Student Externship Program SMU Legal Affairs Office
Here are some of the full-time faculty members who teach or are interested in this area:
Alan Bromberg [abromber@smu.edu] Greg Crespi [gcrespi@smu.edu] Joe Norton [profjnorton@yahoo.com] Marc Steinberg [msteinbe@smu.edu] [See also faculty listed under Antitrust Commercial & Consumer Law, and Taxation]
Civil litigators – also known as trial lawyers – represent clients in civil lawsuits. Nowadays they spend much of their time on pre-trial issues such as drafting pleadings, engaging in discovery, negotiating with opponents, participating in mediation, filing motions, writing briefs, and preparing cases to be tried. Although most cases are resolved without trial, the pre-trial process aims to gather and organize the information that will be needed should a trial be necessary. In addition, litigators must have the confidence and skills to try a case to a judge or jury or s/he will not be able to adequately represent the client’s interests.
Foundation Courses – Introducing the Basic Concepts Civil Procedure I & II Evidence Alternative Dispute Resolution Trial Advocacy Professional Responsibility (required)
[Note that Evidence is a prerequisite for Trial Advocacy/Trial Techniques I as well as for some of the clinics. Students interested in a litigation specialty should take Evidence as soon as possible.]
Recommended Courses – Basic Electives for Litigators Procedure Courses Advanced Evidence Seminar (EW) Appellate Advocacy Conflict of Laws Federal Courts International Litigation and Arbitration (GW) Negotiation Psychiatric and Psychological Evidence Texas Procedure courses (if planning to practice in Texas) Courses Combining Substantive Law & Procedural Issues Civil Rights Litigation Litigating Intellectual Property Cases Mass Tort Litigation Private Litigation: Problems in Antitrust Securities Litigation and Enforcement
Clinics Civil Clinic Consumer Advocacy Project
Related Courses In addition to an understanding of litigation processes, trial lawyers must also understand the areas of law involved in their cases. Students should therefore consider substantive courses in litigation-intensive areas. See the Guides for other areas for lists of basic courses in various fields.
Externships A large number of externship opportunities are with federal or state judges, government agencies, district attorneys, and public defenders, most of which involve exposure to litigation activities.
Public Service Placements Many of the Pre-Approved Public Service Placements allow participating students to acquire litigation skills and experience while also providing community service.
Student Organizations American Inns of Court Board of Advocates Moot Court Board Texas Trial Lawyers Association (student chapter)
Maureen Armour [marmour@smu.edu] Bill Bridge [wbridge@smu.edu] Anthony Colangelo [colangelo@smu.edu] Bill Dorsaneo [wdorsane@smu.edu] Linda Eads [leads@smu.edu] George Martinez [gmartine@smu.edu] Fred Moss [fmoss@smu.edu] Roark Reed [rreed@smu.edu] Dan Shuman [dshuman@smu.edu] Mary Spector [mspector@smu.edu] Beth Thornburg [ethornbu@smu.edu]
Commercial lawyers represent clients in a wide variety of business related transactional and litigation matters. All commercial work is contract based, and the actual work done by commercial lawyers is as varied as the kinds of contracts in which people engage. Some types of commercial work has become quite specialized, and many law firms either limit their practice to a particular type of commercial work or devote separate sections of the firm to specialized commercial work. Bankruptcy, construction law, employment law, and commercial litigation are examples of these types of specialized commercial practice. If you liked your first year contracts courses and you are intrigued by the concept of people doing deals and making their own private law rules, you should enjoy many of the course offerings from the following rich curriculum. If you are interested in commercial litigation, you should consider taking additional courses in procedure, evidence, and trial advocacy.
Some lawyers who deal with commercial areas specialize in representing the interests of consumers, either by representing individual clients or by working for state and federal agencies or public interest groups that work in the interests of consumers. They must be familiar with federal and state laws relating to warranties, debt collection, credit reporting, truth in lending, and other consumer rights. Consumer work requires skill in client counseling, negotiation, litigation, regulatory work, and legislative advocacy.
Foundation Courses – Introducing the Basic Concepts Contracts I & II Business Enterprise Consumer Law Creditors’ Rights Payment Systems Sales Secured Transactions
Recommended Courses – Electives for Commercial and Consumer Lawyers Advanced Commercial Law Advanced Contracts Seminar Commercial Lending Commercial Real Estate Transactions Commercial Remedies
Clinics Civil Clinic Consumer Law Project Small Business Clinic
Related Courses Construction Law Economic Analysis of Law Income Taxation Intellectual Property International Banking & Finance International Business Transactions Law of Electronic Commerce & the Internet (EW) Legal Accounting Negotiations Oil & Gas Contracts: Domestic & International (GW option) Products Liability Real Estate Transactions Sports Law Structured Finance Trademarks & Business Torts
Externships Attorney General’s Office Consumer Protection Division Texas Access to Justice Federal Trade Commission
Public Service Placements Attorney General’s Office Consumer Protection Division Better Business Bureau Housing Crisis Center Legal Aid of Northwest Texas Nursing Home Ombudsman Program
Roy Anderson [rranders@smu.edu] Maureen Armour [marmour@smu.edu](consumer law) Greg Crespi [gcrespi@smu.edu] David Epstein [depstein@smu.edu] Xuan-Thao Nguyen [xnguyen@smu.edu] Mary Spector [mspector@smu.edu](consumer law) Peter Winship [pwinship@smu.edu]
Students interested in a career in criminal law may choose to become prosecutors or defense lawyers. Prosecutors may work for the federal government as Assistant U.S. Attorneys or in the Justice Department. They may also enforce state and local laws as assistant district attorneys or city prosecutors. Criminal defense lawyers may work on their own or for private firms, or in a public defenders’ office. A few criminal law practitioners may even have the opportunity to prosecute or defend crimes on an international scale. All may also aspire to be judges in a court that handles criminal cases. For any of these jobs, a strong understanding of the substantive criminal law as well as constitutional criminal procedure is essential.
Foundation Courses – Introducing the Basics Criminal Law Constitutional Criminal Procedure Texas Criminal Procedure (if practicing in Texas) Trial Advocacy or Trial Techniques I Evidence
Recommended Courses – Criminal Law Electives Criminal Evidence Seminar (EW) Death Penalty Project (GW) International Criminal Law National Security & Criminal Law Enforcement (EW) Perspectives on Counter-Terrorism (EW) Sentencing & the Death Penalty (EW) White Collar Crime
Clinics Criminal Clinics Child Advocacy Clinic
Related Courses Immigration Law Legislation Negotiations
Externships Collin County District Attorney’s Office Dallas County District Attorney’s Office Dallas County Public Defender Department of Justice – Tax Division Federal Public Defender Hunt County District Attorney’s Office U.S. Attorney’s Office (N.D. Tex.-Dallas) U.S. Attorney’s Office (E.D. Tex – Plano) Many of the judicial externships also involve courts that hear criminal as well as civil cases.
Here are some members of the full-time faculty members who teach or have an interest in this area:
Bill Bridge [wbridge@smu.edu] Fred Moss [fmoss@smu.edu] Vicky Palacios [vpalacio@smu.edu] Roark Reed [rreed@smu.edu] Linda Eads [leads@smu.edu] Ndiva Kofele-Kale [nkofele@smu.edu](international) Jenia Turner [jenia@smu.edu](domestic and international) Jeff Kahn [jkahn@smu.edu](counter-terrorism)
Environmental law deals generally with legal rules relating to the impact of human activities on the natural environment. The field includes legal responses to the control of pollution from human activities including air, water and solid and hazardous waste. It also includes legal systems for the preservation and management of natural resources. Practice in the field of environmental law necessarily requires familiarity with a wide range of legal areas including business, real estate, tort and administrative law.
Foundation Courses – Introducing the Basic Concepts Property I and II Environmental Law Administrative Law
Recommended Courses – Environmental Law Electives Advanced Environmental Law (EW) International Environmental Law Oil and Gas Environmental Law Regulation of Hazardous Substances
Related Courses – Strongly Recommended Business Enterprise Economic Analysis of Law Real Estate Transactions Land Use
Other Related Courses Local Government Law Oil and Gas
Externships Environmental Protection Agency, Region 6 Environmental Prosecution and Litigation, Dallas City Attorney’s Office
Faculty Here are the full-time faculty members who teach or have an interest in this area:
Jeffrey Gaba [jgaba@smu.edu] John Lowe [jlowe@smu.edu](oil & gas) Julie Forrester [jforrest@smu.edu](real estate transactions; land use)
Estate planning specialists work with individuals and families and help them to make decisions about the distribution and use of their wealth and to create the legal framework that makes those plans a reality. The estate planner therefore needs information about the law applicable to trusts and estates as well as a firm understanding of taxation. Lawyers in this area also need good drafting and client counseling skills.
Foundation Courses – Introducing the Basic Concepts Property I & II Wills & Trusts Income Tax Business Enterpris e Estate, Gift & Income Taxation of Trusts & Estates
Advanced Estate Planning Courses Estate Planning & Practice
Related Courses -- Taxation Corporate Tax Partnership Tax
Other Related Courses Business Enterprise Family Law Texas Matrimonial Property (if planning to practice in Texas)
Public Service Placements Dallas County Probate Courts Dallas Legal Hospice Tarrant County Probate Court No.2
Faculty Here are some of the full-time faculty members who teach or have an interest in this subject area:
Christopher Hanna [channa@smu.edu](taxation) Henry Lischer [hlischer@smu.edu](taxation) Josh Tate [jtate@smu.edu]
Lawyers who practice family law help people deal with some of the most difficult issues in life: divorce, property division, and child custody. They may also help plan family-related matters such as adoption or planning for the allocation of property. Family law issues also arise in areas of public law such as domestic violence, immigration, and child abuse. Family law practice requires a wide array of practice skills: client counseling, negotiation, and mediation, as well as advocacy skills for those disputes that are not informally resolved.
Foundation Courses – Introducing the Basics Family Law Texas Matrimonial Property Children and the Law
Related Courses ADR Business Enterprise Creditors’ Rights Estate, Gift & Income Taxation of Trusts & Estates Income Taxation Negotiations Secured Transactions Trial Advocacy or Trial Techniques I Women and the Law
Clinics Civil Clinic Mediation Clinic Prosecution Clinic (Domestic Violence) Child Advocacy Clinic
Externships Texas Lawyers for Children Texas Access to Justice
Public Service Placements Attorney General of Texas – Child Support Collin County District Attorney – Family Justice Division Court Appointed Special Advocates Dallas City Attorney’s Office – Family Violence Unit Dallas County District Attorney’s Office – Child Abuse Division Legal Aid of Northwest Texas Mosaic Family Services Texas Lawyers for Children
Faculty Here are the full-time faculty members who teach or are interested in this area:
Joseph McKnight Jessica Dixon [jdixon@smu.edu]
Health care lawyers represent the major participants in the health care system: physicians and other professional providers, hospitals and other institutional providers (e.g., nursing homes, home health care agencies, etc.), payers (public agencies and private insurance companies), regulators (federal, state, and local), enforcement agencies (federal, state, and local), and patients. The work can be transactional in nature, litigation, or a combination of both. Many health care lawyers specialize in a subspecialty (for example, white collar defense or tax-exempt organizations), although it is common for associates to work across a broad spectrum of the health care field. That spectrum includes the legal rules that shape the organization, financing, and delivery of health care goods and services and the life sciences (drugs and medical devices, medical research, biotechnology, etc.). Most health lawyers are not medical malpractice lawyers; that specialty is usually considered a species of tort/personal injury law. There are exceptions, however, and a solid grounding in health law is increasingly valuable to medical-malpractice practitioners, just as health lawyers need to understand the liability landscape for their clients.
SMU has a full selection of health law courses from which to choose, as well as a rich complement of related courses that will be valuable in rounding out a health lawyer’s basic education.
Foundation Courses – Introducing the Basic Concepts Law & Medicine: Health Care Law & Medicine: Bioethics Law & Medicine: Medical Malpractice Food & Drug Law Mental Health Law & Policy Psychiatric & Psychological Evidence Law, Literature & Medicine
Related Courses Health lawyers work within a highly varied legal environment that places a premium on a broad knowledge base beyond substantive health law. Of particular relevance to a health care practitioner are the courses listed below.
Administrative Law Antitrust Law Business Enterprise Constitutional Law II (required) Corporate Compliance Employee Benefits Law & ERISA Litigation Intellectual Property Mass Tort Litigation Nonprofit Organizations Patent Law Products Liability Trademark & Business Torts White Collar Crime
Externships The prerequisite for health-law externships is completion of, or at least concurrent enrollment in, Law and Medicine: Health Care. Accordingly, to maximize the number of semesters in which an externship can be taken, students should consider taking that course in their second year.
Children’s Medical Center Parkland Health & Hospital System Scottish Rite Hospital for Children, Dallas University of Texas – Southwestern Medical Center at Dallas U.S. Department of Health & Human Services
Public Service Placements Dallas Legal Hospice
Nathan Cortez [ncortez@smu.edu] Tom Mayo [tmayo@smu.edu] Dan Shuman [dshuman@smu.edu]
Immigration lawyers work both for the government and for individuals seeking legal residency or citizenship in the United States. Some work for companies or educational institutions, helping employees with immigration issues. Others serve individual clients. Some work for non-profit groups helping people seeking political asylum. The immigration lawyer must be knowledgeable about immigration law, such as the Immigration and Nationality Act (INA) of 1952 and amendments to the INA such as the 1996 Anti-Terrorist and Effective Death Penalty Act (AEDPA), Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), the 2001 USA PATRIOT Act, and the 2005 REAL ID Act, and their implementing regulations. In addition to these specific laws, the immigration lawyer must have a sophisticated understanding of the legal, social, historical, and political factors that constructed immigration law and policy in the U.S., including the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.S., issues that arise between noncitizens and citizens of the U.S. with regard to employment, security, and civil rights and the tension between the federal and state governments in regulating immigration law.
Foundation Courses – Introducing the Basic Concepts Immigration Law Constitutional Law I & II International Protection of Human Rights (EW)
Related Courses Administrative Law Colloquium on Law & Citizenship Family Law Federal Courts Legislation National Security & Criminal Law Enforcement (EW) Trial Advocacy
Externships Human Rights Initiative Executive Office for Immigration Review, Immigration Court US Citizenship & Immigration Services Chief Area Counsel’s Office
Public Service Placements Catholic Charities Human Rights Initiative ProBar
Intellectual property practice involves working with companies and individual creators and inventors to secure legal rights in the results of their creativity, which includes books, movies, software, hardware, and many other innovative products. Intellectual property attorneys work with federal agencies, such as the United States Patent and Trademark Office and the Copyright Office, and with state and federal courts to obtain and then enforce the intellectual property rights of their clients. In addition, some corporate transactional work is intellectual property intensive, conducting due dilligence of intellectual property assets for transactions such as private equity offering, ipo, merger, acquisition, and financing. Drafting licenses for patents, copyrights, trademarks, software, and other forms of intellectual property is also common in corporte transaction work. Intellectual property assets are used as collateral in secured financing, and so some lawyers work in the intersection of intellectual property, bankruptcy, and commercial law. Taxation of intellectual property also raises complex issues, and some lawyers specialize in this field, advising clients on tax consequences on the development, acquisition, transfer, license and litigation of different forms of intellectual property assets.
Intellectual Property is a field that integrates common law thinking based on Contracts, Torts, and Property, statutory analysis, constitutional analysis, international law, business law, and commercial law. The field not only cuts across different types of law and ways of analysis, but also is dynamic, reflecting changes in culture, markets, and society. Even if you have no plans to practice intellectual property law, having a sense of the field is very important for all practicing attorneys today. Consequently, consider taking the Intellectual Property Survey course as one of your upper level electives.
Foundation Courses – Introducing the Basic Concepts Intellectual Property Law (the survey course) Copyright Law Patent Law Trademark & Business Torts
[Note: Those interested in Patent Law with a technical background that satisfies the requirements for sitting for the patent bar (see http://www.uspto.gov/web/offices/dcom/olia/oed/grb0210.pdf) should consider taking the Patent Bar before graduation, perhaps after the 1L year for day students and after the 1E year for evening students.]
Recommended Courses – Intellectual Property Electives Advanced Patent Law Art & Antiquities Law Entertainment Law Intellectual Property Licensing Intellectual Property in Business Organizations International Franchising International Intellectual Property Internet & E-Commerce Law (EW) Law & Archaeology Litigating Intellectual Property Cases New Media & the Digital World Patent Licensing & Enforcement Selected Topics in Intellectual Property (EW)
Related Courses Antitrust Law Business Enterprise Corporate Taxation Counseling the Small Business Owner Creditors’ Rights Federal Courts First Amendment Food & Drug Law Franchising & Distribution Law Income Taxation Legislation Negotiations Payment Systems Sale of Goods Transactions Secured Transactions Trial Advocacy or Trial Techniques I Wills & Trusts
Student Groups Intellectual Property Organization Also: be on the lookout for opportunities to participate in various intellectual property and entertainment-law related moot court competitions
Here are the full-time faculty who teach or have an interest in this area:
Lack Bloom [lbloom@smu.edu](copyright) Gail Daly [gdaly@smu.edu](copyright) Xuan-Thao Nguyen [xnguyen@smu.edu]
Lawyers are involved both in public international law (the law that governs relationships among nations) and in private international law (the law that governs transactions between private parties). Public international law is a distinct and self-contained system of law, independent of the national systems with which it interacts, and dealing with relations which they do not effectively govern. Private international law governs the choice of law to apply when there are conflicts in the domestic law of different countries related to private transactions. This means that there is a dispute or transaction that involves what jurisdiction applies, the choice of law to apply, or recognition or enforcement of a foreign judgment.
In addition, the increasing globalization of commerce means that many lawyers will have clients who do business in a number of different countries or otherwise have multi-national connections. This means they will need to know something about the internal law of other nations. Comparative law is a legal methodology that looks at the various ways legal systems are structured and considers some of the typical differences among common law, civil law, and religious law systems. Conflict of Laws addresses cross-jurisdictional issues of choice of law and forum, jurisdictional conficts, and the enforcement of judgments and awards.
Foundation Courses – Introducing the Basic Concepts International Law Comparative Law I Conflict of Laws International Business Transactions International Economic Law International Litigation & Arbitration International Organizations
Recommended Courses – International& Comparative Law Electives Comparative Law II European Legal History Foreign Investment: Rules of International Law Globalization and the Law: Business and Finance Immigration Law International Banking & Finance International Commercial Arbitration International Criminal Law International Economic Law & Development International Environmental Law International Franchising International Intellectual Property International Legal Research (PS) International Litigation & Arbitration (GW) International Organizations Law International Protection of Human Rights (EW) International Tax I & II International Transactions: Western Hemisphere National Security & Criminal Law Enforcement (EW) Oil & Gas Contracts: Domestic & International Perspectives on Counter-Terrorism (EW)
Students interested in international and comparative law might want to consider applying for the Oxford summer program. See http://www.law.smu.edu/Academics/International-Programs/Oxford-Summer-Program.aspx for details.
Related Courses Art & Antiquities Law Business Enterprise Law & Archaeology Internet & E-Commerce Law (EW)
Lawyers representing international clients will most often be giving them advice about U.S. law, and so it is important to be familiar with federal and state law. Consult the other listings for the courses in the areas in which you anticipate your clients may need advice, such as Antitrust Law, Business and Corporate Law, Commercial Law, Tax Law, Family Law, Intellectual Property Law, Immigration Law or the like.
Externships Executive Office for Immigration Review US Citizenship & Immigration Services Chief Area Counsel's Office
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Student Groups International Law Society International Law Review Association
Here are the full-time faculty members who teach or have an interest in this area:
John Attanasio [jba@smu.edu](comparative constitutional law) Bill Bridge [wbridge@smu.edu](comparative law) Anthony Colangelo [colangelo@smu.edu](international relations) Jeff Gaba [jgaba@smu.edu](international environmental law) Christopher Hanna [channa@smu.edu](international tax) Jeff Kahn [jkahn@smu.edu](international human rights; terrorism law) John Lowe [jlowe@smu.edu](international oil & gas) Ndiva Kofele-Kale [nkofele@smu.edu](international dispute resolution, international criminal law, international organizations) Xuan-Thao Nguyen [nguyen@smu.edu](international IP law) Joe Norton [profjnorton@yahoo.com](international business, development, and finance) Beth Thornburg [ethornbu@smu.edu](comparative civil procedure) Jenia Turner [jenia@smu.edu](international criminal law) Peter Winship [pwinship@smu.edu](private international law)
The practice of real estate law is a transactional practice. Attorneys represent property owners, developers, lenders, landlords, and tenants in giving legal advice regarding and in negotiating and drafting contracts for sale, deeds, notes, deeds of trust, leases, easement agreements, declarations of restrictive covenants, and many other types of documents.
Foundation Courses – Introducing the Basic Concepts Property I and II Real Estate Transactions Land Use
Advanced Courses Commercial Real Estate Transactions Seminar Advanced Topics in Property Law (EW)
Strongly Recommended Courses Business Enterprise Creditors’ Rights Environmental Law Federal Income Tax Payment Systems Secured Transactions Texas Matrimonial Property Rights Wills & Trusts
Also Recommended Construction Law Corporate and/or Partnership Taxation Local Government Law Oil and Gas Structured Finance
Externships Department of Housing and Urban Development Texas Access to Justice (landlord-tenant)
Public Service Placements Department of Housing and Urban Development Housing Crisis Center (landlord-tenant)
Julie Forrester [jforrest@smu.edu] Mary Spector [mspector@smu.edu](landlord-tenant law)
Tax lawyers represent clients in tax planning, tax compliance, and tax controversy matters. SMU has a rich curriculum of tax courses, due in part to the fact that SMU offers the LL.M. (Taxation) degree, and J.D. students generally may enroll in any of the tax offerings. If you are interested in taxation, you should take the Income Taxation course early in your law school curriculum, as the Income Taxation course is a prerequisite to many other tax courses.
Foundation Courses – Introducing the Basic Concepts Income Taxation Corporate Taxation Estate, Gift & Income Taxation of Trusts & Estates
Advanced Taxation Courses Tax Accounting Taxation of Property Dispositions Tax Practice & Professional Responsibility State and Local Taxation Federal Tax Procedure Criminal Tax Fraud
Advanced Business Entity Taxation Courses Advanced Corporate Taxation Partnership Taxation Corporate Planning Taxation of Professional and Closely Held Corporations
Advanced International Tax Courses International Tax I International Tax II
Employee Benefits Courses Employee Benefits Law & ERISA Litigation Taxation of Deferred Compensation
Advanced Transfer Taxation Courses Wills & Trusts (the foundation) Estate Planning & Practice
Policy Courses Taxation and Fiscal Policy Economic Analysis of Law
Clinics Federal Taxpayers Clinic Small Business Clinic
Related Courses In considering issues of taxation, it is also important to understand the legal nature of the entities involved. Students interested in taxation should therefore also consider courses related to some of those entities or types of property.
Business Entities Business Enterprise Corporate Finance & Acquisitions Structured Finance Commercial Law Sales Payment Systems Secured Transactions Commercial Remedies Securities Law Securities Regulation Corporate Compliance Regulation of Securities and Commodities Markets Securities Litigation & Enforcement Real Estate Planning Real Estate Transactions Commercial Real Estate Transactions Seminar Intellectual Property Copyright Patent Law Trademark & Business Torts Franchising & Distribution Law Intellectual Property Licensing Bankruptcy Creditors’ Rights Advanced Bankruptcy
Externships Department of Justice, Tax Division Internal Revenue Service Regional Chief Counsel
Public Service Placements VITA
Christopher Hanna [channa@smu.edu] Henry Lischer [hlischer@smu.edu] Josh Tate [jtate@smu.edu]