2L-3L Upper Level Lesson Topics

This lesson will give you some background about Regional Organizations, collections of countries, organized by region, engaged in collaborative work toward some common goal. You will learn to find the documents of some of the most important Regional Organizations on the web.

This lesson deals with the basics of trademark registration under Section 44 of the Lanham Act. It includes discussions of eligibility under this provision, the value of foreign registrations, issues of priority, and the necessity for use prior to and after registration. It can be used either to learn the subject or for review, but does presume general knowledge of the bases for registration under Section 1 of the Lanham Act.

This is the first of two of lessons about section 5 of the Securities Act of 1933, the process for registering securities.

This is the second and final of a series of lessons about the registration process of section 5 of the Securities Act of 1933.

This lesson will introduce you to the categories of sources of air pollution that the Clean Air Act regulates, including stationary sources, mobile sources, and indirect sources. You will learn about the statutory definitions for each of these sources and how to distinguish among these sources.

This 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.

This lesson was written as a review of the material covered in Chapter 11 of the CALI e-book Wetlands Law: A Course Source. The lesson reviews the regulatory takings challenges that may be raised when a wetlands permit is denied or the government imposes conditions on the permit.

This lesson is designed to help the student determine the scope of protection given to a trademark. It is designed to supplement material that has been covered in the trademark law course. The determination of the scope of a mark's protection is helpful in the initial selection of a trademark, the trademark registration process, and the enforcement of the trademark. The student will review the concept of related goods by investigating the scope of trademark protection in several scenarios. Students should be familiar with how to select a trademark, register a trademark, and apply the likelihood of confusion test.

This lesson will teach students how to research and efficiently locate rules and regulations promulgated by federal administrative agencies. The lesson addresses the official sources of federal administrative regulations: the Federal Register, the Code of Federal Regulations, and their related materials.

The action for restitution allows recovery in a variety of contexts when the defendant would be "unjustly enriched" if he/she were not required to pay restitution. One of those contexts is the situation in which one person acts on behalf of another in the case of an emergency situation requiring immediate action. In this lesson, we explore the parameters of an individual's right to recover restitution for providing aid to another in an emergency situation. Of course, as an inevitable incident of this discussion, we will explore situations when recovery should be denied. This lesson is intended for students who have studied these issues in class and wish to further refine their knowledge.

When defendant has been unjustly enriched at plaintiff's expense, plaintiff is entitled to seek restitution. Among the rules and principles that qualify a plaintiff's right to seek restitution is the notion that a "volunteer" is not entitled to seek restitution.

This lesson is intended for students who have studied restitution in class, and who wish to expand and refine their knowledge of the topic. The lesson deals with the basics of restitution (what constitutes "unjust enrichment"), and how is it measured. Little attempt is made to deal with more sophisticated aspects of restitution such as tracing, equitable liens, constructive trusts, etc.

This lesson is intended to provide students with an introduction to the right to counsel at trial. It covers such issues as the right of indigents to state-provided representation, as well as the rights of non-indigents. Issues such as the right to proceed pro se and the right to the "effective" assistance of counsel will be covered in other lessons.

This lesson explores some of the basic issues surrounding one of our most basic constitutional rights, the right to a trial by jury. The lesson explores the issues of what constitutes a "criminal prosecution" requiring a jury trial, as well as the issues of size and unanimity requirements for a "jury" to pass constitutional muster. Issues relating to the selection and composition of the jury--the make up of the jury pool, the use of preemptory challenges, etc.--and what decisions must be made by the jury, are the subject of a separate lesson.

This lesson explores a copyright holder's right to control the performance and display of the related work of authorship.

This lesson introduces students to the concepts of ripeness and mootness. This lesson is geared to students who have studied these concepts in class (perhaps some time ago in their constitutional law classes) and wish to delve into the subject more deeply.

This lesson provides an overview of the central role of "use" in United States trademark law. It examines how the policy justifications driving trademark law (1) justify generally requiring use to obtain and maintain trademark rights and related infringement considerations and (2) define sufficient use for those trademark law purposes. It also addresses and explains the few specific exceptions to the use requirement. The lesson assumes a basic knowledge of trademark policy, the distinctiveness classification system and infringement.