This exercise is designed to introduce the student to the "bottom line" defense rejected by the Supreme Court in Connecticut v. Teal. You should have an understanding of Teal before you start this lesson. Here, this exercise explores the circumstances of disparate impact claims and affirmative action programs under which the "bottom line" defense usually arises and the arguments involved. The use of "bottom line" evidence, sometimes used in disparate treatment litigation, is also explained and distinguished. Some understanding of basic discrimination theory (disparate treatment and disparate impact) is helpful in understanding the lesson.
Read moreThis lesson is a companion tutorial to the CALI lesson "Recovery of Attorney's Fees." This lesson reviews the policy debate over the American Rule vs. the English Rule. In this lesson, you can judge a debate regarding which approach to attorney's fees rules is better policy.
Read moreThis lesson focuses on the Special Litigation Committee. It is recommended that you complete the first lesson (The Business Judgment Rule in Shareholder Derivative Litigation I: Demand Upon the Board) before beginning this one.
Read moreThis lesson examines when a shareholder's lawsuit against a corporation is derivative and when it is direct. It also examines why this distinction is important. Then, using the provisions of the Revised Model Business Corporation Act (RMBCA), this lesson examines the procedural requirements for bringing a derivative action.
Read moreThis lesson will familiarize students with the "Revlon" and "Blasius" doctrines, standards of judicial review under Delaware law. The Revlon doctrine applies to board actions taken when a change of control or sale of the corporation is inevitable. The Blasius doctrine applies when a board has acted with the primary purpose of interfering with a shareholder vote.
Read moreThis lesson explores a copyright holder's right to control the performance and display of the related work of authorship.
Read moreThis 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.
Read moreThis lesson is designed to help students understand the basic principles of diversity and alienage jurisdiction in the federal district courts. It examines both the constitutional authority for diversity and alienage jurisdiction, U.S. Const. Art. III, § 2, and the statutory provisions that bestow diversity and alienage jurisdiction on the federal district courts, 28 U.S.C. § 1332(a)(1)-(a)(3). It consists of both text and explanatory problems.
Read moreThis lesson explores the concept of conditions in the law of contracts. It distinguishes promises from conditions, discusses the various kinds of conditions, and explains ways the courts relieve parties from the harsh effect of conditions. The lesson concludes with two sample exam questions.
Read moreThis lesson explores the concept of a "joint work" in copyright law, including the legal standards which determine whether a work has been jointly authored as well as the legal consequences that attach to this characterization.
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