The is the third lesson on voidable or fraudulent transfers under the 2014 Uniform Voidable Transactions Act (a slightly amended Uniform Fraudulent Transfers Act) and section 548 of the Bankruptcy Code. This lesson deals with applications in leveraged buyouts (LBOs). The previous two lessons covered (I) the types of transactions that are voidable; and (II) remedies and defenses.
This is an introduction to Securities Act Rules 164 and 433 and the requirements for free-writing prospectuses under Rule 433. Before taking this lesson, students should have a basic understanding of the registration requirement of the Securities Act of 1933, especially the restrictions in section 5 of that Act. The lesson provides links to the relevant statutory and regulatory provisions, but you might find it helpful to have your own copy of the Securities Act and Securities Act Rules 164 and 433.
This lesson focuses primarily on the federal Freedom of Information Act. The lesson begins with an overview on the origins of the Act and its basic structure. The lesson then examines threshold questions that a user of the Freedom of Information Act must consider, and key questions for analysis and application. This lesson examines which agencies are subject to the Freedom of Information Act, whether the document sought is a "record" under the Act, and finally, are any exemptions applicable.
This lesson addresses freedom of speech issues for public school employees at the elementary, secondary, and post-secondary levels.
This lesson will cover the Fruit of the Poisonous Tree Doctrine, its application, and its three exceptions.
This lesson offers an introduction to the doctrine of functionality, which operates as a defense prohibiting anyone from claiming an exclusive right in functional shapes, elements, or aspects of a product or product packaging. The protectability or registrability of a trademark depends on a factual determination of a design's functionality. The functionality doctrine attempts to weigh the public and private interest in copying design features against a trademark owner's inherently anticompetitive objective to avoid consumer confusion.
This lesson serves as background and foundation for other lessons on damages for harms to personal property. It deals with general principles and basic measures of damages recoverable for harms to personal property.
Because copyright creates ownership rights in original expression, the private property interests of copyright owners sometimes come into conflict with the public's interest in disseminating knowledge, expressing ideas, or simply enjoying, sharing, and building upon the protected expression. This lesson introduces the basic concept of fair use in copyright law, and offers numerous examples to test the student's ability to apply the balancing test of 17 U.S.C. § 107.
The General Aviation Revitalization Act of 1994 (GARA) has reshaped the landscape of tort law in American, non-commercial aviation. This lesson provides an overview of the statute of repose under GARA as well as some of the defining case law and limitations of the Act.
This program takes the student through the basics of a particular area of trademark law — the geographic scope of trademark protection. It includes the general common law principles as enunciated in early Supreme Court cases (Hanover, Rectanus) as well as zone of natural expansion. The program also contains complete coverage of Lanham Act principles including constructive notice, constructive use, section 33 and the limited area defense, concurrent use, and the need for confusion (Dawn Donut).
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.
In this podcast, Professor Cohen discusses the formation of a partnership and how to master related sections of the Uniform Partnership Act (UPA) and the Revised Uniform Partnership Act (RUPA). Professor Cohen offers practical tips for students to incorporate in their study plan to help them learn this material.