2L-3L Upper Level Lesson Topics

This exercise is intended for students who have studied this issue in class, and wish to refine and apply what they have learned. It includes several essay questions, along with their model answers.

The lesson covers the 2014 Uniform Voidable Transactions Act (a slightly amended Uniform Fraudulent Transfers Act) and section 548 of the Bankruptcy Code. Two subsequent lessons cover (a) defenses and (b) the application of fraudulent transfer law to Leveraged Buyouts (LBOs).

The lesson covers the remedies, defenses, and limitations under the 2014 Uniform Voidable Transactions Act (a slightly amended Uniform Fraudulent Transfers Act) and sections 548 and 550 of the Bankruptcy Code. A previous lesson covered the types of fraudulent or voidable transfers generally. A subsequent third lesson covers the application of fraudulent transfer law to Leveraged Buyouts (LBOs).

The is the third lesson on voidable or fraudulent transfers under the 2014 Uniform Voidable Transactions Act (a slightly amended Uniform Fraudulent Transfers Act) and section 548 of the Bankruptcy Code. This lesson deals with applications in leveraged buyouts (LBOs). The previous two lessons covered (I) the types of transactions that are voidable; and (II) remedies and defenses.

This is an introduction to Securities Act Rules 164 and 433 and the requirements for free-writing prospectuses under Rule 433. Before taking this lesson, students should have a basic understanding of the registration requirement of the Securities Act of 1933, especially the restrictions in section 5 of that Act. The lesson provides links to the relevant statutory and regulatory provisions, but you might find it helpful to have your own copy of the Securities Act and Securities Act Rules 164 and 433.

This lesson will cover the Fruit of the Poisonous Tree Doctrine, its application, and its three exceptions.

This lesson offers an introduction to the doctrine of functionality, which operates as a defense prohibiting anyone from claiming an exclusive right in functional shapes, elements, or aspects of a product or product packaging. The protectability or registrability of a trademark depends on a factual determination of a design's functionality. The functionality doctrine attempts to weigh the public and private interest in copying design features against a trademark owner's inherently anticompetitive objective to avoid consumer confusion.

This lesson serves as background and foundation for other lessons on damages for harms to personal property. It deals with general principles and basic measures of damages recoverable for harms to personal property.

Because copyright creates ownership rights in original expression, the private property interests of copyright owners sometimes come into conflict with the public's interest in disseminating knowledge, expressing ideas, or simply enjoying, sharing, and building upon the protected expression. This lesson introduces the basic concept of fair use in copyright law, and offers numerous examples to test the student's ability to apply the balancing test of 17 U.S.C. § 107.