2L-3L Upper Level Lesson Topics

This set of Topics covers subjects typically taught during the second and third years of law school.
Lesson Viewed

FAA Pilot Certificate Enforcement Actions

This lesson covers the role of the Federal Aviation Administration (FAA) in enforcing the Federal Aviation Regulations (FAR), known formally as Title 14 Code of Federal Regulations (14 CFR). Title 14 CFR has numerous parts that are organized by category of operation; that is, categories include: pilots and instructors, aircraft operators, aircraft manufacturers, and space transportation.

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Fair Use and Parody

This lesson explores the application of the fair use doctrine, a defense to copyright infringement, in the special context of parody, based on the guidance provided by the Supreme Court in Campbell v. Acuff Rose Music, 510 U.S. 569 (1994). The lesson builds on the foundation established in CALI Lesson CPY08, Fundamentals of Fair Use, using a series of hypotheticals and a final essay.

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Federal Rule 801(d) and Multiple Hearsay

This exercise is the counterpart of The Definition of Hearsay and the Federal Rules, which covers the definition of hearsay under Federal Rules of Evidence 801(a)-(c). The new exercise includes graphic reviews of each subsection of 801(d), and graphic illustrations of multiple hearsay, as well as interactive flowcharts for the subsections of 801(d). The program lends itself to use by students who either (i) want a relatively quick-review, with detailed work limited to those issues they find troublesome or (ii) want to review each relevant section of the rules in some detail.

Lesson Viewed

FIFRA Basics

This lesson reviews the basic components of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). It works best as a review of materials covered in a Hazardous Waste or Toxic Torts class, but it can also serve as an introduction to the statute.

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Fixation Requirement

This lesson discusses the requirement that a work be "fixed in a tangible medium of expression" as a condition to obtaining copyright protection. Although it assumes a basic familiarity with copyright law and terminology, it is designed to stand alone. It can, therefore, be used either as an introduction to the fixation requirement or as a review of those concepts after a class discussion.

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Foreign Words and Personal Names as Trademarks

This lesson explores how trademark law deals with two specific categories of marks: foreign (non-English) words and people's names. It addresses their ability to function as marks as well as how they should be assessed when determining infringement. The lesson assumes a working familiarity with the "distinctiveness" requirement, the fair use doctrine, and the likelihood of confusion test for infringement.

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Formal Rulemaking

This lesson introduces you to the so-called "formal" process for making administrative rules and regulations. Under the federal Administrative Procedure Act, there are two separate and distinct processes for making rules: the "informal" process and the "formal" process. In a prior lesson, we examined the informal process. This lesson examines the formal process in greater detail. The lesson is designed for students who have studied these issues in class and who wish to refine their knowledge and understanding of the issues.

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