2L-3L Upper Level Topics

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

2L-3L Upper Level Topics

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Corporate Distributions

This lesson focuses on state corporation law restrictions on distributions to shareholders. It does not cover restrictions on distributions arising from other sources, such as contractual restrictions, the law of fraudulent conveyance, or federal bankruptcy law.

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Credit Card Basics

Credit cards allow the cardholder to make purchases without using cash since the purchases are made with debt. The terms of the lending arrangement are governed by the agreement between the cardholder and the issuer, but federal regulations play an important part. In this lesson we will look at issuance of credit cards, disclosure requirements, use of credit cards, and the risk of error and loss on credit cards.

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Custody Disputes

This lesson will review general principles of custody disputes including terminology and factors used in resolving custody disputes. Separate lessons will cover custody jurisdiction, modification, and visitation.

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Customary International Law

The definition and location of customary international law is a difficult research task. This lesson begins by defining customary international law and placing customary international law into context through historical examples. Two research strategies for locating custom will be introduced. The first strategy is to locate pre-defined custom using a source that discusses state practice that has risen to the level of custom. The second and more complex strategy involves searching directly for evidence of customary international law.

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Damages for Harms to Interests in Physical Integrity of Personal Property

This lesson deals with basic and specific measures of damages recoverable in torts for harms to the interest in maintaining the physical integrity of personal property. Invasions of this interest are distinct from invasions of the interest in exclusive possession and the interest in use and enjoyment, and the law of damages reflects the differences. In order to deal effectively with the differences, separate lessons treat the interests in possession and use and enjoyment. The substance of causes of action available in torts for recovering damages is not treated here.

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Damages for Harms to Possessory Interests in Personal Property

This lesson covers basic and specific measures of damages recoverable for tortious invasions of the interest in exclusive possession of personal property. The student will be presented with concrete situations in which to consider application of rules and concepts of the law of damages. Analytically, invasions of the interest are separated into permanent deprivations and temporary deprivations and the different rules applicable to the two different contexts are explored.

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Damages for Harms to Real Property

This lesson deals with basic principles and measures of damages recoverable for harms to real property. The analysis to which students will be acquainted examines the harms in the context of three categories of interests to be protected by the law of damages. Those categories, which are separately treated in the lesson, are exclusive possession, physical integrity and use and enjoyment.

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Damages for Injuries That Cause Death

This lesson covers the common law rules and various statutory approaches governing recovery of damages for injuries resulting in death. Questions and problems in the lesson consider the circumstances under which and the extent to which damages are available to protect the interests of persons who die as a result of tortious injuries and the interests of the survivors of those persons.

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