Class Coverage

Material Assigned

1. We began with a review of some  remaining points regarding Chapter 11.
2. We turned to Chapter 12 with a discussion of this question: "Do attractive people get preferential treatment?"  See the article, "Being Really, Really, Ridiculously Good Looking".
3. Regarding the above materials, what is the appropriate response?  We will use my PowerPoint supplemental slides to review employment law as presented in Section 1, Chapter 12.
4. From Section 1, we looked at:

   • Illegal discrimination categories,

   • BFOQ defense and Hooters,

   • The EEOC, and

   • Disparate treatment versus disparate impact.

5. As a discussion article, consider "Hooters-style restaurants experiencing a mini-boom."  What are the employment discrimination issues presented by Twin Peaks?  Another restaurant in this genre,  the Tilted Kilt, has a hiring policy against tattoos, piercing and dyed hair for the women waiting tables.  Is this legal?

6. From Chapter 12, Section 2, we looked at:

   • Affirmative action

   • Religious discrimination, and

   • Sexual harassment

7. From Section 3, we looked at the 1866 Civil Rights Act, the ADEA and the ADA.

1. We introduced Chapter 11 by reviewing the material in my Business Enterprises Chart, looking at:
   • Difficulty of forming the organization
   • Liability exposure
   • Tax considerations
   • Continuity of existence/ability to transfer ownership
   • Management and control
   • Financing, and
   • Licenses

    

2. Some of the concepts we covered or will cover next class include:
   • Limited versus unlimited liability
   • Articles of partnership
   • Joint and several liability
   • Articles of incorporation
   • Domestic versus foreign corporation
   • Shareholders and closely held corporations
   • Piercing the corporate veil
   • Preemptive rights and dilution
   • Corporate bylaws
   • The business judgment rule
   • S corporations and double taxation, and
   • Limited liability companies

We finished our third exam.

1. For Chapter 9, Sections 1 and 2, we introduced the four types of intellectual property by looking at my intellectual property introduction.
   • Specifically from Sections 1, look at the Constitution, "promote progress, limited times."
2. To continue with Section 2, Patents, you should be familiar with:
   • The different types of patents,
   • The time periods of protection,
   • The threshold requirements for a patent,
   • First to file versus first to invent (the textbook is incorrect on this point; see the America Invents Act of 2011),
   • Patents on life forms,
   • Compulsory licensing, and
   • Business methods patents.
3. We introduced trade secrets, looking at the definition and general characteristics.
   • State law controls this area of intellectual property.
4. We looked at trademarks next.
   • We turned to the Lanham Act, federal law covering this area
   • We discussed length of protection (forever unless genericide) and breath of protection - trademark infringement and trademark dilution.
   • Note also the concept of cybersquatting.  See nissan.com for an interesting dispute.
5. We finished with copyright law.
   • We looked at what is protected, length of protection, and defenses such as fair use.
   • See benedict.com.

1. We began Chapter 8 by discussing property ownership in the chapter introduction.
   • Ownership of property is part of the "pursuit of happiness" for which we fought our War of Independence.  See The Declaration of Independence.
   • Property includes tangible and intangible property.
   • Ownership rights vest in humans and artificial persons such as corporations.
   • Note issues of human body ownership and DNA research.  See Supreme court sets aside Myriad gene patent ruling, a current view of the dispute on page 138.
2. From Section 1, we turned to personal property.
   • Note the real and personal property distinction, including fixtures, and private versus public property.
3. From Section 1.1, we looked at methods of personal property acquisition:
   • Purchase.
   • Gifts (note the requirements of a gift - intent, delivery, and acceptance).
   • We examined finding property in Terry v. Lock Hospitality.  We looked at the definitions and law for abandoned, lost or mislaid property, and treasure trove.
   • Also, for additional examples of disputes involving personal property ownership, see a) Spain sending military planes to retrieve treasure, b) Ark. judge orders new trial in lotto ticket suit, and c) U.S. returns 474-year-old painting to Jewish owner's heirs.
4. Continuing in Chapter 8, from Section 1.2, we looked at bailments and the appropriate duty of care.
5. From Section 2, Real Property, we looked at methods of real property acquisition including purchase (note the statute of frauds and recording deeds), gift, inheritance, or adverse possession.
   • Regarding inheritance outside a will (intestate), see Arkansas Table of Descents.
   • Note the Arkansas adverse possession statute requires "color of title" in addition to the elements listed on page 145, and (usually) payment of taxes for 7 years (15 years for wild and unimproved lands.) A.C.A. § 18-11-106 (2011).
6. From Chapter 8, Section 2.3, we looked at duties of landowners.  As examples, we looked at Moses v. Bridgeman and Arkansas § 18-60-108.
7. We looked at several definitions from Sections 2.4 to 2.6.  We also looked at the case of Jeanne Calment, textbook hyperlink, page 147.

1. We began class with our fifth quiz/project.
2. There are multiple methods for phrasing the elements of a negligence case.  We presented in class the following version:
   • Breach of a duty of due care – Failure to use the same care a reasonable person (or professional) would use under the circumstances. (I combined duty and breach, presented separately in the textbook);
   • An injury (economic or physical);
   • Legal causation – Plaintiff proves the injury would not have occurred without the defendant's failure to use due care (causation in fact or "but for" causation) and plaintiff proves the injury was foreseeable (proximate causation).  Here we used Palsgraf v. LIRC, textbook page 127. Also, consider exercise #2, page 130.
3. To continue in Chapter 7, Section 2,  we looked at the Hot Coffee Case, a famous negligence lawsuit involving McDonald's and a plaintiff, Stella Liebeck.  The above link is to the Hot Coffee movie website, a 2011 HBO film looking at our tort system.  (I have not seen the film and cannot testify whether it is generally objective or, instead, biased.) See textbook exercise 3, page 133, Liebeck v. McDonald's Restaurants.  See also McDonald's Hot Coffee Case.
4. We compared the Hot Coffee case to the medical malpractice case we used earlier in the course.
5. Notice joint and several liability, and compensatory and punitive damages.
6. We finished by looking at negligence defenses including assumption of risk and comparative negligence.
7. To finish Chapter 7 and introduce strict liability, we returned to the Hot Coffee case:
   • Note the definition of strict product liability - any retailer, wholesaler, or manufacturer that sells an unreasonably dangerous product is strictly liable.
     • The defect is generally a manufacturing defect, or a design flaw (including inadequate warnings, improper labels, and so forth).
     • We also used an example case regarding lawn mower replacement blades and warnings.

1. From the introduction to Chapter 7:
   • We compared tort law to contract disputes regarding a) possible plaintiffs and b) possible punitive damages.
   • We compared civil law, torts, to criminal law regarding burdens of proof and separate trials.
2. From Chapter 7, Section 1:
   • We discussed assault and battery, two separate torts. We used an Arkansas case, Millbrook v. Dillard's, to discuss these two torts as well as the tort of  false imprisonment.
   • We examined infliction of emotional distress, using a personal funeral home case from northeast Arkansas and the above case.

   • On your own, analyze Hustler Magazine, Inc. v. Falwell (exercise #2, page 124).

   • We began our discussion of invasion of privacy, comparing this tort to Constitutional protections available regarding government intrusions.

     • We looked at a news headline to discuss the tort, invasion of privacy: "Major retailers use technology to track your in-store shopping habits".

     • Regarding misappropriation, see Michael Jordan Sues Chinese Sportswear Company Over Misappropriation of Name and the embedded video, and the Lindsay Lohan video identified on page 122.

   • On your own, examine trespass and defamation.

3. We finished class with a review of our second exam.

1. We used the Pepsi Points Case as a contract dispute example covering:
   • The UCC versus the common law
   • The elements of an "offer" and an "acceptance"
   • The element of consideration
   • The rule regarding advertisements
   • The requirement of a writing under the Statute of Fraud.
2. We continued our review of Chapter 6, Sections 1 and 2 by using Anna Nicole Smith as another contract example
   • We looked at a possible example of the contract defense, undue influence, or alternately, lack of capacity.
   • Notice the rules on performance, and legal and equitable remedies.

1. In Chapter 5, we turned to Section 3, the Bill of Rights (U.S. Constitution), looking at features identified in the textbook (no absolute rights, protections for the minority, evolving liberties, and application of rights to federal and state governments).  Note that the Bill of Rights does not restrict private actions, that is, the Constitution Bill of Rights does not apply to people or businesses outside of the government.
   • We used a current controversy, "Court: Hobby Lobby can challenge health care law", to illustrate controversies under the First Amendment, the Free Exercise Clause and the Establishment Clause.
   • Next, we used Phelps v. Snyder to illustrate speech protections.  There we looked at Does First Amendment Protect Funeral Protests?
   • We examined protections for different types of speech.  We looked at Bad Frog beer as an example of commercial speech.
   • We discussed briefly time and place restrictions on speech, for example, the ASU Freedom of Expression Zones found on page 79 of the current ASU Student Handbook.
2. Last, we looked at "Affirmative action living on the edge."  There we looked at the Fifth and Fourteenth Amendments, due process, and the Fourteenth Amendment, equal protection analysis.
3. From Chapter 6, we introduced contract law by discussing the textbook and using my slides, Pittman, Chapter 6. 

1. First, we looked at the introduction to Chapter 5.
   • America adopted the Articles of Confederation in 1781.  A constitutional convention in 1787 proposed a new constitution, which was adopted in 1789.  Why was a change viewed as necessary?
   • The Bill of Rights, the first ten amendments to the Constitution, was adopted in 1791.  Why did the Constitution need to be amended?
   • Here we looked briefly at the U.S. Constitution.
2. From Section 1, Federalism and Preemption, we discussed separation of powers.
   • Why was this concept viewed as necessary?  Related to concerns here, we mentioned the concept of enumerated (listed) powers under Article 1, Section 8, and the Ninth and Tenth Amendments.
   • State secrets was the focus of General Dynamics.
3. In addition to separation of powers between branches of the federal government, we looked at federalism and the relationship between the federal and state governments. Here, the concept of preemption is important, along with the Supremacy Clause.
   • Under the rules of preemption:
     • What happens if there is a conflict between federal and state laws?
     • What happens if state law exceeds federal law?
     • How do the two cases (links) on page 85 illustrate this area?
4. From Section 2, we will begin with a discussion of the Commerce Clause, again looking briefly at the U.S. Constitution.
   • The Patient Protection and Affordable Care Act was upheld recently by the Supreme Court not by using a Commerce Clause analysis (rejected 5-4), but by using the taxing power (again, decided 5-4).

For next Monday, you have a 1-2 page (typed) paper due in class.  This paper will count as our third "quiz" (10 points maximum). You are asked to prepare exercise 1, page 67 in the textbook.  Your paper is graded on content and grammar.  Exercise 1 is repeated below. 

1. ( From the textbook, page 67) " Visit http://www.sfhgroup.com/ca/training/online-training/test-your-skills.php and click “Negotiate with Bill” under “Online Negotiation Course.” After completing the negotiation, answer the following questions: How far did you get? (If you did not get to level three, go back and try it again. See if you can get all the way through to level three.) What negotiation strategies did you learn? In other words, what works? What doesn’t work?"

1. We reviewed examination #1 and the overall course.
2. We have the 10-point extra credit assignment listed in the course outline.  If you are interested in an alternate extra credit assignment, prepare the following.  (Only one extra credit assignment will be allowed.):
   • Analyze your personal learning style.  Prepare a plan for success in this course based on your style.  For help in beginning this assignment, see "Learning Styles - Know and Use Your Personal Learning Style. Your extra credit paper should be one to two pages in length, typed.  The paper due date is July 29.
3. Turning to Chapter 4, we discussed the benefits and drawbacks of ADR as compared to litigation, including a discussion of lawsuit expense, time involved, publicity, and party relationships.  See Pittman, Chapter 4 Supplement.
   • Primarily we used a wrongful death/medical malpractice dispute (not in the textbook) as an example for many Chapter 4 topics.
4. From Section 1, Negotiation, we worked through selected learning objectives.  Note the issue of bargaining power in B2B, B2C, and B2E situations. We looked at bargaining zones, reservation points, and the related materials.
5. Next, compare mediation to negotiation, Section 2.
6. From Section 3, we will discuss next class key arbitration characteristics including binding agreements and finality regarding appeals.  We looked at arbitration in B2C and B2E situations. 
7. From Section 4, Other Methods of ADR, see a B2B Arkansas case, Chenal v. Trade Wynds Imports.
8. We will finished Section 5 next class by discussing the proposed Arbitration Fairness Act.  We will use Thomas, the Library of Congress, to view the act status and proposed language.
9. Also, we may review briefly the Arkansas Judiciary, Alternative Dispute Resolution.

For next Monday, you have a 1-2 page (typed) paper due in class.  This paper will count as our third "quiz" (10 points maximum). You are asked to prepare exercise 1, page 67 in the textbook.  Your paper is graded on content and grammar.  Exercise 1 is repeated below. 

1. ( From the textbook, page 67) " Visit http://www.sfhgroup.com/ca/training/online-training/test-your-skills.php and click “Negotiate with Bill” under “Online Negotiation Course.” After completing the negotiation, answer the following questions: How far did you get? (If you did not get to level three, go back and try it again. See if you can get all the way through to level three.) What negotiation strategies did you learn? In other words, what works? What doesn’t work?"

1. We began class with our second quiz.
2. From Chapter 3, Section 1, we looked most closely at attorneys and jurors, key parties involved in litigation.
   • For an example of the rules governing attorney conduct, see the Arkansas Bar Association.  There we will look at attorney discipline records.  Attorneys have various professional obligations, including keeping client secrets.
   • Jurors are involved in grand juries and petit juries.  There is usually some small government payment for jury service; employers are not required to pay employees their normal wages.  In general, see Arkansas Juror's Web Guide.  We may watch a jury training video.
3. From Section 2, we looked at standing and personal jurisdiction.
   • Under the concept of standing, note "ripeness" and the requirement that the "right" person must bring the lawsuit, as illustrated by the Newdow case, page 51.
   • Under personal jurisdiction, note the methods of satisfying this requirement including residence in jurisdiction, presence in jurisdiction, property ownership in jurisdiction and use of a long-arm statute.  See exercise questions 4 and 5, page 52.
4. We presented key components of Section 3, Pretrial Procedures and Section 4, The Trial and Appeal, by using a review of a personal injury/wrongful death case I summarized in my supplemental PowerPoint slides from Chapter 7.
   • We viewed a sample complaint, the document that starts the legal process.

Wednesday, July 3

1. We began class with our first quiz.

2. We then turned to Chapter 2, Section 1,  The Third Branch, by working through the learning objectives on page 24.

   • We started with an examination of the constitutional basis for our three branches of government.

     • Note the possible control of the judicial branch by the executive branch (judicial selections and enforcement) and the legislative branch (confirmation, budget and court organization).

     • Regarding judicial compensation, see Judicial Salaries Since 1968.

   • To illustrate several points including the key concept of judicial review, we began a discussion of Marbury v. Madison,  Dred Scott v. Sanford, and Brown v. Board of Education, which will lead to Elizabeth Eckford and the Little Rock Nine.

3. From Chapter 2, Section 2, Activists and Strict Constructionists:

   • We turned to judicial activists and strict constructionists using as an example the recent Supreme Court decision regarding the federal Defense of Marriage Act.

   • On your own, please examine President Roosevelt and judicial review of New Deal legislation.

4. From Section 3, we began a discussion of trial and appellate courts, noting the difference between federal and state courts.
   • We discussed the role of trial courts and jurisdiction.
   • We looked at the diagrams for the federal courts and the Arkansas courts.
   • We reviewed briefly the Chapter 2 textbook PowerPoint slides.
5. From Section 4, we discussed the Supreme Court and certiorari.
   • In that regard, see "A Mediocre Criminal, but an Unmatched Jailhouse Lawyer" and "Op-ed: Give former prisoners a second chance."

1. We began class with the Chapter 1 introduction, pages 5-8.
   • Regarding the need for and wisdom of regulations, we looked at the news story from Wales, "New homes to be fitted with automatic fire sprinklers from September 2013."
2. We looked next at Chapter 1, Section 1, pages 9-11, What is Law?
   • What is jurisprudence?
   • What does Martin Luther King's "Letter from a Birmingham Jail" state regarding his jurisprudence?
   • How do you apply jurisprudence to the current dispute about federal regulations under the Patient Protection and Affordable Care Act that require employers to provide employees with "certain contraceptive services" that employers may feel are equivalent to abortion services?  For a video attacking the regulations, see Stoplight: Let Me Be Clear. (We will cover the law involved in this dispute in Chapter 5.  I introduce the case here to discuss jurisprudence only.)
   • For an update on the issues in the above video, see Appeals Court Overturns Denial of Hobby Lobby Injunction Against Obamacare Abortion Pill Mandate.
     How do you analyze exercise 2, page 11?
   • For your extra credit option in the course, you may review and analyze the 1961 movie Judgment at Nuremburg. See YouTube Judgment at Nuremburg, Part 13, for example, and YouTube, Judgment at Nuremburg - Horrifying Death Camps, for movie clips.

3. From Chapter 1, Section 2, Sources of Law:

   • Regarding "A Question of Ethics" on page 12, recognize the difference between legal and ethical standards (societal norms)?

   • Note the definitions in this section.

4. Section 2.1 presents specific sources of law.  There, we looked at Slides 9 and 10 in my Chapter 1 Supplement and we continued our discussion of Shannon v. Wilson, Jackson v. Cadillac Club, Arkansas Code Sections and Archer v. Sigma Tau.

5. LAst, we briefly discussed the remaining materials in Chapter 1.