1998-1999_Law School Catalog.pdf - The Texas Tech University ...

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The University Community Curriculum 13rexas Tech University originally opened in the fallof 1925 as Texas Technological College with fourschools-Liberal Arts, Home Economics, Agriculture,and Engineering. By action of the Texas StateLegislature, Texas Technological College becameTexas Tech University on September I, 1969. Todaythe University has an enrollment of almost 25,OOJand consists of the iruitructional colleges-AgriculturalSciences and atural Resources, Architecture,Arts and Sciences, Business Administration, Education,Engineering, Human Sciences--the Law Schooland the Graduate School. The Texas Tech UniversityHealth Sciences Center, a separate institution,opened in 1m.Many special facilities for interdisciplinaryresearch are available, such as the computer center,the Southwest Collection (a regional depository forhistorical information pertaining to West Texas andthe near Southwest), and the University Library'sexpanding collection of material in the general areasof the humanities.Located near the Law School, the StudentRecreation Center and the Aquatic Center offer awide variety of indoor sports facilities in addition toan Olympic-size indoor-outdoor swimming pool,tennis courts, and ball fields.Texas Tech University is located in Lubbock, acity of over 196,lXXl population with a variety ofcultural and recreational opportunities and a dryand invigorating climate.The city maintains more than sixty public parksfor those interested in sailing, sailboarding, tennis,softball, golf, and soccer. Cultural events includeperformances by the Lubbock Symphony and CivicBallet, while dramatic groups from the city, theTexas Tech theatre arts program, and occasionalBroadway traveling companies present a broadselection of theatrical fare.Texas Tech's campus of 1,839 acres is one of thelargest in the nation, and with its attractive landscapingand unique Spanish Renaissance red-tileroofed buildings, is one of the most attractive.Programs of Study• DoctoroJJurisprudenceTo be recommended for the J.D. degree by thefaculty, a student must successfully complete aminimum of 90 semester hours, normally accomplishedin six semesters or five semesters and twosummer sessions. Acumulative average of 2.0 isrequired for graduation. Other academic requiJe..ments for graduation and for maintaining goodstanding are contained in the "Rules and Regulationsof the School of Law," which is given tostudents upon their initial registration and isavailable upon request.The grading scale is as follows: A=4.oo, 8+=3.50,B=3.oo, C+=2.50, C=2.OO, 0+=1.50, D=1.00, and F=O.O.Average academic attrition rate for first-yearstudents over the past five years is approximately9percent.The bar passage rate of graduates was 87.88percent for the February 1997 Texas bar exam and91.91 percent for the July 1997 Texas bar examrankingsecond among the state's eight accreditedand one provisionally accredited law schools.The Law School offers a full-time program only.Part-time enrollment is not permitted. Classes areoffered only during the day. Astudent may not takemore than 17 or less than 13 hours in any semesterwithout special permission. Twelve hours is consideredto be full time. There is no minimum courseload requirement for students during asummersession; however, 8 hours is considered full time andstudents may not be registered for more than 10 hours.The).o. program provides a general backgroundin law, but the curriculum is broad enough thatstudents may, through their choice of electives,emphasize a particular area of the law such as tax,eslate planning, environmental, criminal, international,litigation, public, property, or business.Normally students must complete six semesters inresidence as a full-time student to meet graduationrequirements. Astudent may graduate a semesterearly-at the end of the fall semester of the thirdyear-by taking at least 12 hours over two summers(the equivalent of the sixth semester of residency).Regular attendance and preparation by studentsare required. Students should be aware that the LawSchool must certify to the various boards of statebar examiners that each student has regularlyattended classes.Aprofessor may exclude a student from thecourse or from the final examination in the course ifthat student has accumulated an unreasonably largenumber of absences or instances of unpreparedness.The Law School faculty reserves the right to changethe schedule of classes, the program of instruction, therequirements for degrees, and any other similar rulesor regulations. This right will not be exercised,however, to impose substantial detriment uponstudents enrolled at the time of the change.• Doctor o!Jurisprudence-Master oj BusinessAdministrationThe Law School and the Graduate School of TexasTech University offer ajoint program leading to thedegrees of Doctor of Jurisprudence O.D.) and Masterof Business Administration (M.B.A.). The jointdegree allows a student to complete the requirementsfor both degrees in three or four years,depending upon the extent of leveling in businesscourses required. Astudent must apply to both theLaw School and the Graduate School and be acceptedby both schools.The program is designed principally for thestudent with nonbusiness undergraduate trainingwho wishes to acquire a broad business knowledgeto complement legal training. For the student withsufficient previous course work, the degree may besecured by completing a total of 102 hours of lawand business courses. To satisfy the 90 hours of lawfor the J.D. degree and the 36 hours of business forthe M.B.A. degree, 12 hours of approved law coursesare transferred as elective credit to the M.B.A. degreeand 12 hours of approved graduate business coursesare transferred as elective credit toward the 1.0.degree. In some instances, astudent may be allowedto waive up to 12 hours at the M.B.A. level.The first year of study consists entirely of lawcourses. Ouring the second and third years, theremaining required law courses are to be completedtogether with selected law electives and an appropriatenumber of graduate business core courses.An acceptable score on the Graduate ManagementAdmission Test (GMAT) is required for theM.BA portion of the program. The College ofBusiness Administration is willing to accept astudent from the Texas Tech University School ofLaw into the J.D.-M.B.A. program if the student hastaken the Law School Admission Test (!.SAl). Thatstudent will not be required to lake the GraduateManagement Admission Test (GMAT).
1415• Doctor of]urisprudence-MJzster of Science inAgricultural and Applied EamomiesThis joint degree program follows generally lheoutline of the j.D.-M.B.A. and involves lhe cooperativeefforts of lhe Law School, lhe Graduate School, and lheDepartment of Agricultural and Applied Economics.To fulfill the 9O-hour requirement for the j.D. degreeand the 36-hour requirement for the M.s. degree, 12hours of approved courses from the Graduate Schooland the Law School are applied to the degree earned inthe other school. Thus, to complete the joint degreeprogram, the student will take 78 hours of law and 24hours of graduate agricultural and applied economics.Acomprehensive examination over the 18 hours ofcore course material for the M.S. degree must bepassed as a requirement for the degree. The first yearof study in lhe combined degree program is devotedexclusively to lhe study of law. After lhe first year,courses in both the graduate division of the Departmentof Agricultural and Applied Economics and lheLaw School may be taken concurnently.An acceptable LSAT score will be sufficient foradmission to lhe Graduate School for lhe M.S. portionof lhe program.• Doctor oflurisprudenee-MJzster ofPublicAdministrationAstudent may complete the requirements for a J.D.and a Master of Public Administration (M.PA.) degreein approximately four years if the student is enrolled inthe Center for Public Service and the Law School forthe combined degree program. Each school accepts 12hours of credit for approved course work completed inthe other school to fulfill the requirements for itsdegree, thereby reducing the total number of hoursrequired for bolh degrees. Thus, 78 hours of law and33 hours of graduate cou",," in lhe M.P.A. programmust be completed. Included in lhe 33 hours for lheM.P.A. portion is an internship assignment in agovernment office (6 hours credit) togelher wilhcourses selected from one of the seven specific fields ofconcentration. The first year of study consists entirelyof law courses. The student may elect to take therequired year of resident study atlhe Center for PublicService in the second or third year of the program. Theremaining period of study may involve bolh schools.The Graduate Record Examination (GRE) must betaken and the score reported to the Graduate School aspart of the admission procedure to the M.P.A. portionof the program.The joint degree program is of particular benefit tolaw students who have career interests in administrativepositions at all levels of government and in publicagencies and institutions.• Doctor oflurisprudenee-MJzsler ofScience inAccounting (Taxation)The Law School and the Graduate School of TexasTech University offer ajoint program leading to thedegrees of Doctor of jurisprudence O.D.) and Masterof Science in Accounting-Taxation (M.s.). The jointdegree allows a student to complete the requirementsfor both degrees in three or four years, dependingupon the extent of leveling in business coursesrequired. Astudent must apply to both the LawSchool and lhe Graduate School and be accepted bybolh schools.Up to 51 hours of leveling may be required; 18hours of core courses; and from 3 to 15 hours ofgraduate electives plus a capstone course requirementof 3hours. The student must obtain a grade of Borbetter and must have a GPA greater than 3.0 in orderto graduate.• The AppliCilliDn Procedure for loint ProgramsApplications for admission to joint degree programsshould be made to bolh the Law School and theGraduate School of Texas Tech University. Applicationsto the Graduate School can be obtained bywriting directly to that school. Applicants must meetthe regular admission requirements of each school andmust be accepted by each to be eligible for the program.Ifa student is undecided about whether topursue one of the joint programs, application to theGraduate School can be delayed until the beginning ofthe third semester in law school.• Summer Law Institute in Guanajuato, MexicoThe Law School, in cooperation with SouthwesternUniversity and the University of New Mexico LawSchools, offers a summer institute in Guanajuato,Mexico. The program features an intnxiuction toMexican law and international law subjects related toLatin America. All courses are taught in English byAmerican and Mexican law professors. The Institutehas been approved by lhe Accreditation Committee ofthe ABA Section on Legal Education.The Institute is organized in cooperation wilh lheUniversidad de Guanajuato Farultad de Derecho, one ofMexico's leading law centers. This cooperative effortresults in a thorough introduction of non-Mexicanstudents to Mexico's legal and cultural systems.Coune.Scheduling of courses in any semester dependsupon lhe decisions of lhe faculty and the dean.Courses commonly offered are described below.First year courses are required. In addition to theadvanced required courses listed, there is an advancedlegal research and writing requirement thatstudents may meet during their second or third yearby completing a paper involving scholarly orproblem-solving legal research.• First Year CoursesOVIL PROCEDURE 5005.4 hIs.Ageneral survey using federal court procedure as a model,including jurisdiction of courts, pleading, disposition withouttrial, ;oinder of claims and parties, effects of judgments, andappellate review.CONSTJ1UI10NAL LAW 5001.4 hIS.Astudy of the federal judiciary's doctrine and practice ofjudicial review, judicial power, and jurisdiction of the courts,the power of Congress to regulate commerce, the power of thestates to regulate commerce, and the protection of privaterighlS, privileges, and immunities under the Constitutionwhich includes the substantive rights of freedom of enterprise,freedom of expression, freedom of religion, andfreedom from discrimination.CONTRACTS 5002.4 hrs.Astudy of the enforceability of promises, the creation ofcontractual obligations, performance and breach, the impact ofthe contract on the legal relationships of nonparties, and theexamination of contract doctrine in three settings: personalservicc, sales of goods, and construction contracts.CRlMJNAL LAW 5310.3 hIs.Inquiry into the source; and goals of the criminal law, limitationson the State's power to define criminal liability, generalprinciples otlliobility MK! defenses, oruI the chmcteristks off"'ticuJar crime>DISPUTE RESOLlTfIOI 5008. 2 hrs.Insbuction in dispute resolution processes other than litigation.Includes description of a variety of processes, includingcounseling, negotiation, mediation, and arbitration, with anemphasis on the lawyer's role in those processes.LEGAL PRACTICE I 5006.2 hrs.An introduction to the legal system covering case briefmg, casesynthesis, and statutory analysis, as well as principles andpractice of legal writing, client interviewing, and legalbibliographyandrescarch.LEGAL PRAmCE II 5007.2hIS.Instruction in legal method, including case and statutoryanalysis, through ob)ective and persuasive legal writing andoral argument. Instruction in the sources and use of materialsfor legal research, including computer-assisted research, andin legal citation. Written assignments includc \etters,memoranda, and briefs.PRQPERTI 5003.4hrs.An introduction to the law of personal property and realproperty, including estates and other interests in land, realproperty marketing and conveyancing, and landlord andtenant problems.TORTS 5004.,1m;.Standards and principles governing legal liability for intentionaland unintentional invasions of interests of personalityand property.• Adoonced Required Courses'BUStNESS EI
Page 1 and 2: SCHOOL OFCATALOG1998-1999BULLETIN O
Page 4 and 5: 4 Profile of the Law School 5The Sc
Page 10 and 11: 16 17PROFESSIONAL RESPONSIBILITY 60
Page 12 and 13: 20 Information for Applicants 21RAC
Page 14 and 15: 24the application, the application
Page 16 and 17: 29Christian Legal SacletyThe Christ
Page 19 and 20: 34FeesTo enable students to estimat
Page 21 and 22: 39Tom and Lisa Hall Scholal1ihip (g
Page 23 and 24: 42SlaHAdministntive Sb1f. (&om left
Page 25 and 26: 46 47CUMMINS EISSINGER FLOYD FORTNE
Page 27 and 28: 50 51ZANGLEINBRIAN D. SHANNONProfes
Page 29 and 30: ---------Common Questions About the

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