2L-3L Upper Level Lesson Topics

In this lesson, we examine the hybrid rulemaking process. In other words, we examine rules that are not created through the formal rulemaking process (as that process is defined in the federal Administrative Procedure Act (APA)), or by a strictly informal process (again, as defined by the APA), but by a process that is somewhere between formal and informal processes. The lesson is intended for students who have studied these issues in class, and who wish to further refine their knowledge.

This lesson examines identification procedures in criminal cases through a short exploration of problems that can arise in making an identification, a primer on basic constitutional rules and the problem of suggestiveness, and a simple criminal case in which you act as an investigator and see the legal consequences of choosing different identification procedures.

This exercise begins with a transcript of the direct examination of a government witness in a criminal action. The direct examination will be followed by a crossexamination, and the student is asked to rule on objections to impeachment questions by the crossexaminer. The lesson focuses on permissible and impermissible impeachment concepts under the Federal Rules of Evidence. The exercise was composed under a grant from the Federal Judicial Center as part of its training program for incoming federal judges.

This lesson is intended for students who have studied equity and, in particular, in personam remedies in class, and who wish to obtain a further and deeper understanding of the topic.

This lesson teaches about the concept of incontestability: what it is, and what benefits it confers on trademark owners. This lesson can be used either for teaching the subject or for review.

This lesson examines the "informal" rulemaking process. Under the Administrative Procedure Act, this type of rulemaking is also called "notice and comment" rulemaking. In this lesson, we examine the procedural steps that an administrative agency must follow in order to create a valid "informal" rule. This lesson is intended for students who have studied these issues in class and wish to further refine their knowledge.

This lesson covers one type of patent infringement involving activity beyond the borders of the United States. In particular, what constitutes infringement under 271(f)(1) and (f)(2) is addressed, including the US Supreme Court decision, AT&T v. Microsoft.

Students may use this lesson to review material already covered in a course, or to learn this material on their own. Students should at least have prior knowledge and understanding of direct and indirect infringement under 271(a)-(c).

This lesson concerns the initial ownership of trademarks. It does not address the assignment or licensing of trademarks, nor the transfer of trademark registrations. This lesson is intended as a review of material covered in the trademark law course.

This lesson focuses on injunctions against litigation. This issue arises in several different contexts, including intra-jurisdictional state court injunctions, state court injunctions against litigation in other states, state court injunctions against federal litigation, and federal court injunctions against state litigation. The lesson is intended for students who have studied these topics in class and wish to refine and enhance their knowledge.

This lesson focuses on issues relating to injunctions against speech. It is designed for students who have studied these issues in class, and who have a strong working knowledge of the material, but who wish to further refine and develop their understanding.

This is the second lesson involving injunctions against speech. The first lesson focused on various aspects of injunctions against speech including injunctions against defamation, obscenity and related to national security. In this lesson, we focus on some issues that arise in relation to injunctions against civil rights demonstrations including abortion and civil rights protests. Much of the law that governs these issues is basic constitutional law.

This is the third in a series of lessons on injunctions against speech. This lesson focuses on injunctions against invasions of privacy. The lesson is intended for students who have studied this material in class and who seek to refine their knowledge.