Annotations of the South Texas College of Law (Houston, Tex.), February, 1969 Page: 3 of 8
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CURRICULUM cont.
Tax or in Evidence? Both are subjects
which should be required of the stu-
dent who expects to graduate, if not
for his own good, then certainly for
the good of the unknowing public upon
whom is cast the fruits of our inef-
fectiveness. For the protection of the
students, however, it is also felt
that the tax courses should be reeval-
uated and organized on a basis which
makes understanding of the subject
matter more than a mere chance. It
would also be nice not to have the
stark realization that most of the
grades in these courses fall below 70
facing the student who takes the
course. This argument is specific
only because it adroitly points out
the necessity of reevaluating our
"core curriculum." The possibility of
establishing required courses for mid-
year and senior law students must not
be beyond the realm of investigation,
for this . suggestion may help to pro-
duce a better attorney, and this, re-
sult can only benefit the reputation
of our school in the community. The
growth and future of South Texas de-
pends, in part at least, upon the rep-
utation created by the success or
failure of our graduates. We owe it to
ourselves to attempt to assist their
success.
The second phase of our proposed
inquiry centers upon an accentuated
void. We recognize that not every
course relating to the law can be of-
fered. There are as many pitfalls in
overburdening a curriculum as there
are in failing to offer some important
subjects. The practical problems of a
shortage of funds and competent new
instructors cannot be overlooked. It
must be acknowledged that subject ad-
ditions which are being contemplated
at this very moment as well as those
which would be valuable but must fol<-
low an order of necessity will take
time to inaugurate (if indeed they are
offered). Nevertheless, there are sug-
gestions and ideas which must, at
least, be considered now, if we are to
be prepared to grow with the future.
We have many precedents from which to
work; precedents which have proven
successful. It is from these models
that we must find in what areas we are
failing to meet the demands of time.
Referring once more to the structure
of Taxation law in our curriculum, we
believe a revision is necessary. While
the last portion of Income Taxation is
devoted to a discussion of corporate
taxation, we do not have instruction
on the various other types of business
organizations, i.e., partnership, as-
sociation, individual proprietorship,
etc. How can we expect the young at-
torney to establish the best possible
form of organization for his client
without providing him the knowledge of
how the taxation laws will affect the
various organizational types? While
our solution may not be the exclusive
answer, it is at least a sincere at-
tempt to improve the situation. We
would like to see the four hour Income
Tax course reduced to three hours, and
a new course covering Income Taxation
of Business Organizations created for
two or three hours credit. This would
not only allow for coverage of the new
material but would also reduce the
burden of the present Income Tax
course (for both professor and stu-
dent). A new course in Legal Account-
ing might be structured so as to make
subsequent tax courses somewhat easier
to master than they presently are. In
addition to this purpose such a course
would offer a necessary skill (or sem-
blance thereof) to the prospective
lawyer. The value of accounting as a
prerequisite (except for college busi-
ness majors with an accounting back-
ground) for Taxation courses cannot be
minimized. We believe that a general
structure of our Taxation subject mat-
ter such as this would unify the sub-
ject, and that the three or four step
progression would make for a more co-
herent grasp of an extremely important
area of law.
There is another area of law taught
at South Texas which desperately needs
another look. How strange it must be
for the student enrolled in "Domestic
Relations" to discover three-fourths
of the way through the course that he
is learning next to nothing about mar-
riage and divorce but rather is in the
process of becoming an expert on the
subject of the Texas community proper-
ty system. No one denies the necessity
of this course exactly as it is
taught. But where is the reasoning
behind the lack of a course on mar-
riage and divorce (generally called
"Family Law" by the countless law
schools in the country who do offer
the course). This is an area of law
which for many lawyers is their bread
and butter. What quality of lawyer is
it who graduates without even a pas-
sing acquaintance with the law of di-
vorce and the trend toward the use of
the attorney as a marriage adjuster?
How many of our graduates will have
even heard of a reconciliation court?
This is one area in which we must at-
tempt to act at once. The law relating
to property settlements, custody and
support of children, and divorce pro-
ceedings themselves cannot be omitted
by an institution which expects to be
considered a quality law school.
We do not intend to propose any vast
sweeping revision of the curriculum
which has turned out many excellent
attorneys. These specific arguments
presented above are intended to bring
to light what we believe is an area in
which we can improve our institution,
not only for ourselves, but also for
those who will come after us. The soc-
ial changes taking place in our coun-
try today demand of the attorney a
knowledge of the law as it relates to
poverty, both civilly and criminally.
The ever increasing importance which
is being placed on estate planning de-
serves our inquiries. Perhaps the sub-
ject matter of this area could be in-
corporated into one of our existing
courses, or, if necessary, it could be
offered through a seminar program.
Neither of the above adventures would
require a new professor, because there
are members of our faculty who are ad-
mirably equipped to present such a
course. Our students have expressed
interest in studies covering Interna-
tional Law, Local Law Enforcement Ag-
encies and Regulations Legislation,
and Securities Regulations. The An-
notations cannot call for courses on
each of these areas, but does believe
that there is a necessity to inquire
as to their worth. It must here be
reiterated that we do not seek the in-
stitution of a vast number of new
courses to replace or expand our pres-
ent curriculum. We do seek an inquiry
into the feasibility of both necessary
and elective additions, however, be-
cause we believe that the benefit re-
ceived from a curriculum which addres-
ses itself to the demands of both the
present and the future outweighs dif-
ficulty in changing and maintaining a
system.
Finally, let us return to our be-
ginning comments upon the "practical"
application of the law and the history
of our school as a leader in this
area. We realize that the American Bar
Association requires a minimum number
of hours of instruction in "substan-
tive" law subjects as opposed to
courses in application modes. As a re-
sult, thereof, the instruction of
"practical" courses must necessarily
be limited. At the present time, Prac-
tice Court and Moot Court are the only
such courses available at South Texas,
unless we consider the Legal Writing
courses as members of this class.
Nevertheless, law schools throughout
the nation are placing an ever in-
creasing emphasis on the practical
training of their students. Countless
number of these schools offer credit
for participation in Leqal Aid and/or
Legal Representation. These courses
are primarily based upon a need to
serve the indigent and a need to give
the prospective attorney a working ex-
perience and knowledge of the avoca-
tion which he has chosen. Texas has
not yet allowed this luxury to law
students, but we understand that there
is present legislative consideration
of the situation. The Annotations
hopes that the administration and fac-
ulty of South Texas will take all nec-
essary action to assist in the attempt
to obtain such a program for Houston
and South Texas.
Another area needing concentration
is that of the drafting of instru-
ments. It has been suggested that the
legal writing courses can be used to
meet this need. The Annotations agrees
that, with the proper supervision,
students could adequately learn the
skills necessary to the drafting of a
will, lease, contract, etc., in the
writing courses as they are presently
constituted. However, we do feel that
there is a definite necessity to ac-
quaint the student with the actual
problems of office practice. The pur-
pose, desirability and method of "ne-
gotiation" as used every day by prac-
tically every attorney, should be in-
vestigated by all students. This is
also true for the methods and impor-
tance of "investigation," for this is
the basic tool of the wel1-prepared
attorney. The knowledge that a vast
number of our graduates first enter
the practice of personal injury law
questions our lack of emphasis on this
area as a separate entity. We do not
propose that a new three hour course
be inserted into our curriculum in or-
der to enable an educational center to
acquaint its students with the practi-
cal problems of practicing law. How-
ever, we do propose the use of a very
simple system which has proven highly
successful and valuable to other such
institutions-the seminar. We do not
have one seminar at South Texas, al-
though the Special Problem approaches
the same theory. Surely the insertion
of seminars to cover the practical ed-
ucation of our students is not too
much to ask. Credit given for such
Cont. on Page 7
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Seabolt, James M. Annotations of the South Texas College of Law (Houston, Tex.), February, 1969, newspaper, February 1969; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth144324/m1/3/: accessed May 31, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting South Texas College of Law.