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2L-3L Upper Level Lesson Topics

Basis for Attorney Discipline

This lesson reviews the standards for discipline and the interpretive case law by examining a series of cases in which considering whether the conduct alleged falls under the definition of misconduct (using Model Rule 8.4). Some procedural and constitutional aspects of discipline are examined as well. The lesson can be used as preparation, review or substitution for class coverage of this topic.

Battle of the Forms (UCC 2-207)

This lesson deals with the problem created by the Battle of the Forms. At common law, the mirror image rule requires an acceptance to be exactly like the offer. The rule is reversed under the Uniform Commercial Code, however. Under UCC § 2-207, an acceptance is still an acceptance even though it states different or additional terms from the offer. This lesson will explore the effect of such different or additional terms and when they are operative.

Best Evidence Rule Under the Federal Rules

This exercise is designed to guide the student through the basics of the best evidence/original document rule under the federal rules. The exercise progresses logically through the rule. In order, it looks at the definition of “writing, recording, or photograph,” the concept of proving “content of a writing,” the definition of “original” and “duplicate,” proof of “collateral” matters, material in possession of the opposite party, computer printouts, compilations, secondary evidence (Is there a “second best evidence” rule?), and the division of function between the judge and jury.

Bottom Line Defense

This exercise is designed to introduce the student to the "bottom line" defense rejected by the Supreme Court in Connecticut v. Teal. The 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.

The Business Judgment Rule in Shareholder Derivative Litigation I: Demand Upon the Board

This lesson is the first of two designed to familiarize you with aspects of shareholders' derivative litigation and the role played by the business judgment rule. This lesson focuses on demand upon the board of directors. In most states, shareholders are required to make demand upon the board of directors before they can proceed with a derivative suit. The board's response to that demand is reviewed under the business judgment rule. This lesson will take you through the operation of the rule at this critical stage in derivative litigation.

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