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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Authority: Actual and Apparent

This lesson discusses the power that an agent (or apparent agent) has to affect the legal rights of the principal. In general, an agent or apparent agent may affect the principal's legal rights only to the extent that the agent possesses the authority or the power to do so. This lesson provides an introduction to the three basic types of authority -- actual authority, apparent authority, and inherent agency power.

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The Availability of Judicial Review

This lesson introduces students to the law governing circumstances in which judicial review of actions, and inaction, of federal administrative agencies is available and when it may be restricted or unavailable. The lesson explores questions of jurisdiction, and rights of review principally under the Administrative Procedure Act.

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Aviation Law: Sources of Law and Jurisdiction

In the United States, federal laws extensively regulate aircraft, airlines, pilots, and airports. People and companies involved in aviation need to be familiar with these federal laws, as well as state and international regulations that affect aircraft and airlines. The Federal Aviation Administration, the National Transportation Safety Administration, and the Department of Transportation, as well as state laws and international treaties, all play a role in regulating aviation.

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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.

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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.

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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.

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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. 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.

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