2L-3L Upper Level Lesson Topics

Many administrative agencies have their own judicial structures (often referred to as "quasi-judicial" structures). In this lesson, we examine the development of one type of judge used in those structures, the so-called administrative law judge.

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.

This lesson focuses on the presidential version of executive privilege. The lesson examines the justifications for the privilege, the requirements for its invocation, and judicial handling of that privilege.

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 lesson provides the basic framework for the search incident to arrest exception to the warrant and probable cause requirements the U.S. Supreme Court set forth in Chimel v. California in 1969.

This lesson deals with copyright duration, an arcane, technical and somewhat laborious subject that is not always covered in depth in copyright law or intellectual property law courses.

Over the last century, the administrative bureaucracy has grown dramatically in size and influence. In this lesson, we examine some of the reasons for that growth. This lesson is intended for students who have studied these issues in class, and who wish to refine and enhance 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).

Cohabitants may litigate to obtain property, support, a share of an estate, or for derivative benefits such as wrongful death or survivor's benefits. This lesson reviews theories of recovery for cohabiting couples who were not formally married. The lesson explores contract, quasi-contract and equitable theories of recovery such as constructive and resulting trusts, quantum meruit, promissory estoppel and implied contract. Note that not all states allow all remedies reviewed in this lesson.

This lesson provides a review of the constitutional requirements for standing in federal courts that citizen plaintiffs must fulfill in order to bring environmental citizen suits in the federal courts.

In this lesson, we examine the hybrid rulemaking process.

This lesson examines the so-called "deliberative process privilege" (DPP) (a/k/a, "predecisional and deliberative privilege"). The DPP is a variant of Executive Privilege, and is applied to protect the confidentiality of administrative communications in various contexts.

This lesson introduces the doctrine of equivalents, which permits a finding of patent infringement where the accused structure or process does not literally infringe, but differs only insubstantially from the claimed structure or process.

This lesson examines several status issues that arise in standing cases. In a prior lesson, we examined two contexts in which individuals might seek standing: taxpayer standing and citizen standing. In this lesson, we examine two other situations that may arise: the right of associations to sue on behalf of their members, and the rights of individuals to assert the interests of third parties. This lesson is intended for students who have studied these issues in class and who are seeking to further refine their knowledge and grasp of the area.

This lesson deals with the topic of administrative inspections. Governmental officials conduct inspections in a variety of contexts. Some of these inspections are conducted by the police.

This lesson explores the concept of utility as a condition for patentability under 35 U.S.C. § 101. The lesson can serve either as an introduction to the topic or as a review after covering the material in class. Although the fundamental concepts in this lesson are not difficult, the optional essay explores a particularly challenging topic.

This lesson introduces students to one of the constitutional issues that can arise as a result of environmental and natural resources regulation: regulatory takings under the Fifth Amendment to the U.S. Constitution. It begins by giving students an overview of regulatory taking claims, their distinction from physical takings of private property, and some of the rules that apply in evaluating whether a regulatory taking has occurred.

This lesson defines and applies the concept of literal infringement in patent law. It also examines the process through which the patentee establishes literal infringement.

This lesson provides an advanced exploration of patent issues under TRIPS, an important international agreement that binds most countries, including developed and developing countries. This lesson aims to provide students with information concerning pressing issues. It is appropriate for students who have completed the Introduction to TRIPS lesson, as well as students who have some prior exposure to TRIPS, such as students who have studied the agreement in a class on International IP.

The subject of "unlawful delegation" of powers is an important issue in both constitutional and administrative law. Not infrequently, Congress attempts to delegate its legislative authority to an administrative agency or to the courts. Sometimes, Congress attempts to delegate judicial power to administrative agencies. In this lesson, we explore the legality of such delegations. This lesson is intended for students who have studied these issues in class, and wish to refine their knowledge.

A critical issue that arises in many administrative cases is the question of constitutional standing to litigate. At its most basic, standing is the requirement that a litigant must have a sufficient interest in the outcome of the litigation in order to be entitled to sue. This lesson provides an introduction to constitutional standing issues and provides the basis for more in depth review in subsequent lessons. The lesson is intended for students who have studied these issues in class and who wish to further refine their knowledge.

This lesson will introduce you to real estate brokers and familiarize you with: 1) the traditional relationship between real estate brokers and the parties to real estate transactions; 2) the duties that arise from that relationship; and 3) the effects of the breach of that duty.

This lesson is an introduction to patent issues under TRIPS, an important international agreement that impacts the national patent laws of all member countries of the World Trade Organization. This includes over 170 countries, including not only industrialized countries, but all developing and least developed countries. Because TRIPS imposes restrictions on national law in all countries, understanding TRIPS is important to understanding what changes to patent law is possible - in the United States and beyond.