2L-3L Upper Level Lesson Topics

This lesson examines the creation of the employer/employee relationship (formerly master/servant relationship) in agency law and contrasts that relationship with the status of independent contractor. The lesson provides an opportunity to think about why the distinction is important and how to tell whether a given relationship rises to the level of being an employer/employee relationship or is merely an independent contractor relationship.

This lesson deals with issues related to an employer's damage remedies for breach of an employment contract. As we shall see, employers might be able to claim various types of remedies depending on the circumstances and context. This lesson is intended for students who have studied these issues in class and wish to expand and refine their knowledge.

This lesson deals with issues relating to an employer's ability to use injunctive remedies against an employee who breaches a contract. In addition to examining issues relating to affirmative and negative specific performance, it also examines covenants not to compete. The lesson is intended for students who have studied these issues in class and wish to refine their knowledge.

This lesson is a review of child support enforcement at both the state and federal levels.

This is the first in a series of three lessons on limited liability companies. It provides a comparative overview of unincorporated entities such as sole proprietorships, partnerships, and limited liability companies (LLCs), and incorporated entities including S and C corporations.

This lesson was written as a review of the material covered in Chapter 8 of the CALI e-book, Wetlands Law: A Course Source. The lesson reviews EPA's role in the section 404 permitting process and EPA's veto authority.

This lesson covers the defense of laches to an equitable action. Students will learn when the defense applies, the elements necessary to establish the defense, and how courts consider the defense. Students will also learn to distinguish laches from the related defenses of Estoppel and the Statute of Limitations.

In this lesson, we examine the concept of equitable discretion and gain insight into equitable precedent on the subject. This lesson was designed for use by students who have completed study of this topic in their basic remedies class, and want to further refine and expand their understanding of the concept.

This lesson looks at the courts' intervention with the abuse of separateness that mostly we associate with piercing the corporate veil. Courts intervene to circumvent separateness using three doctrines: lender liability, veil piercing, and equitable consolidation in bankruptcy.

This lesson will cover the remedy known as the Accounting for Profits. Frequently, this remedy is not covered extensively in the classroom setting, probably because the accounting for profits often accompanies other remedies which receive greater attention. Consequently, this lesson is designed to provide basic coverage of this remedial option. Another lesson, "Equitable Protection of Restitution: The Constructive Trust and Equitable Lien" is recommended. Taken together, students will learn when each form of relief is available, the advantages and disadvantages that each form offers and, when the choice is available, the strategic implications of choosing one form over another.

This lesson will cover two of the most powerful equitable remedies, the Constructive Trust and the Equitable Lien. This lesson is intended to supplement your classroom study of these remedial tools, and to explore their utility more deeply. Another lesson, "Equitable Protection of Restitution: The Accounting for Profits," is recommended. Taken together, students will learn when each form of relief is available, the advantages and disadvantages that each form offers and, when the choice is available, the strategic implications of choosing one form over another.

This exercise gives a basic overview of the types of equitable remedies. You need not have read any particular materials or taken any particular law school courses in order to complete the tutorial. It can be used to provide background in your courses where equity is especially relevant or to review the types of equitable remedies for use in a remedies course.