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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Title Insurance Basics

This is the first of two lessons on title insurance. Title insurance is a critical component of modern real estate transactions. Anyone buying, selling or owning any interest in real estate, or any lawyer advising or representing such person, needs to know about title insurance. Unfortunately, it's a lot more complicated that the general public believes. This first lesson teaches the basic concepts of title insurance. The next lesson, Title Insurance Coverage, reveals how to determine what title problems are actually covered by a particular policy.

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Title Insurance Coverage

This is the second lesson on title insurance. This lesson is designed to build on what you learned in the first lesson, Title Insurance Basics. Title insurance is a critical component of modern real estate transactions. Anyone buying, selling or owning any interest in real estate, and every lawyer needs to know about title insurance. It's a lot more complicated that the general public believes.

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Tort in Agency : (a) Independent Contractor (b) Scope of Authority

This lesson focuses on a tort relation, one where the agent harms the third party, giving the third party a tort claim. Our inquiry is on whether the third party can bring this claim against the principal and the related policy. The lesson is cognizant that this may be your first encounter with agency, a concept that serves as the foundation of business law.

The lesson also includes problems that address Coasean irrelevance (which is often known as the "Coase Theorem").

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Tracing

This lesson reviews the process of tracing wrongfully diverted money or property through a series of exchanges. Students are expected to have a basic familiarity with in-specie remedies such as replevin and constructive trust. The lesson provides problems for students to consider practical evidentiary issues in locating and proving the identity of property and to practice the application of rules for tracing funds into and out of commingled accounts. The lesson will be most useful for review by students in remedies, debtor-creditor, or bankruptcy courses.

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Trademark Dilution: What Marks are Eligible for Protection

This lesson covers the types of marks that are deemed eligible for protection under federal and state dilution laws.  Although the focus is on eligibility under the Federal Trademark Dilution Act (Lanham Act section 43(c)), there is coverage of the different types of state dilution statutes -- those based on the earlier (1964) Model State Trademark Bill (such as Massachusetts), and those based on the federal statute.

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Trademark Exhaustion/First Sale

This lesson addresses the trademark doctrine of "exhaustion/first sale." The doctrine governs the trademark owner's continuing rights regarding authentic goods bearing the mark put into the marketplace. The lesson assumes familiarity with trademark's policy objectives, the basic "likelihood of confusion" test for infringement and "fair use," in particular nominative fair use and the problems associated with implied sponsorship.

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