Cases and Materials on Oil and Gas Law, 5th ed.; Lowe, Anderson, Smith & Pierce: West Group 2008.
Class 1 Cases and Materials on Oil and Gas Law (“Cases”) pages 1 - 62
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First Day Assignments
First Day AssignmentsFirst Day Assignments
Spring Term
Brant
Casebook is Redish, Sherry & Pfander, Federal Courts: Cases, Comments and Questions, (West, 7th ed. 2012), pp. 1-18.
Brant
Casebook is Chemerinsky, Constitutional Law (Wolters, Kluwer, 3rd ed., 2009).
Tuesday's class: pp. 523-48.
Thursday's class: pp. 600-30.
Davison
First Assignment:
January 28: Please be prepared to discuss pages 99-126 and 272-307 of Nelson, Whitman, Burkhart, & Freyermuth, Real Estate Transfer, Finance, and Development: Cases and Materials (8th ed. 2009).
French
Howard, Chapter 1
Ohio Rules of Civil Procedure (Table of Contents)
Allen County Court of Common Pleas - Local Rules (Rule 20)
Sign up for Teams
French
Tripoli, Chapters 1-3; Supplement 1-6, 28-37, 75-76, 99-106, 125-149
Frohnen
Coursebook - ISBN: 9780820562346 Jurisprudence Cases and Materials (2nd ed. 2006); Gottlieb, Bix, Lytton and West; LexisNexis.
Jan. 29: Origins of Law and Jurisprudence
Gottlieb, Chapter 1
Gottlieb, Chapter 2, section A
Frohnen
Our primary text will be Morgan, Rotunda, and Dzienkowski, Professional Responsibility: Problems and Materials (eleventh edition). You also will want a copy of the Model Rules of Professional Conduct for your reference. So that we may have a common edition with common pagination I have had the bookstore order John S. Dzienkowski, 2012-2013 Professional Responsibility Standards, Rules & Statutes Abridged Ed.
First Assignment:
1/29: pages 1-46 in Morgan and Rotunda
Syllabus is attached.
Frohnen
Our text will be John F. Manning and Matthew C. Stephenson, Legislation and Regulation (Foundation Press, 2010)
First Assignment:
1/29: pages 2-28 in Manning and Stephenson
Syllabus is attached.
Gerber
Required Book: Calvin Massey, American Constitutional Law: Powers and Liberties (Aspen, 3d ed. 2009) (the same book we used in Constitutional Law 1). A handouts packet is attached.
1/29: 1193-214 (Second Amendment's right to bear arms); 425-43 (introduction to Con Law 2; procedural due process)
Gerber
Required Book: Douglas Laycock, Modern American Remedies: Cases and Materials, concise 4th ed. (2012).
Reading Assignment:
1/29: 1-7 (introduction), 9-22 (rightful position)
Keller
The initial assignments are in our casebook – Property, Dukeminier, et al.
Tuesday, January 29: 585-605
Thursday, January 31: 605-629; 639-644
Keller
The initial assignments are in our casebook – Intellectual Property in the New Technological Age, Merges, et al.
Tuesday, January 29: 1-31; prepare a written response to Problem 1-1
Thursday, January 31: 1064-1096; prepare a written response to Problem 6-6
Our class discussion will center on the assigned Problems which we will discuss at length. Your responses should be based upon the assigned textual material and you should include citations to the text that will allow you to find the material upon which you are relying easily and quickly.
Kidder
Assignment for Tuesday, Jan. 29:
I. The Traditional Role of Fiduciary Duty
a. The Duty of Care and the Business Judgment Rule: The Oversight Context
i. Reading assignment:
1. Ragazzo & Fendler Casebook: pp. 448-465
2. Statutes:
a. MBCA §§ 8.30, 8.31, 8.42
b. ALI Principles of Corporate Governance § 4.01
b. The Duty of Care and the Business Judgment Rule: The Decision-Making Context: Substance – the Basics of the Business Judgment Rule
i. Reading assignment:
1. Ragazzo & Fendler Casebook: pp. 465-475
2. Statutes:
a. MBCA § 8.31
b. ALI Principles § 4.01
Lobenhofer
Assignment for Monday, Jan. 28:
Introduction to Subchapter K.
Read Casebook pp. 2-30.
Read I.R.C. §§ 761(a), 7701(a)(3), 7704
Read Regs. §§ 1.761-1(a); 301.7701-1(a)(1) & (2); -2(a), (b)(1)-(3), (c)(1) & (2); -3(a), (b)(1); -4(a), (b).
Problems: Do p. 17.
Contributions of Unencumbered Property to the Partnership
I.R.C.: Read §§ 721; 722; 723. Skim §§ 453B(a), (b); 704(c)(1)(A); 724; 1223(1) and (2); 1245(b)(3).
Regs.: Read §§ 1.453-9(c)(2); 1.721-1; 1.722-1; 1.723-1, 1.1223-3(a), (b)(1).
Casebook: Read pp. 32-38.
Problems: pp. 38-39.
Read I.R.C. §§ 761(a), 7701(a)(3), 7704
Read Regs. §§ 1.761-1(a); 301.7701-1(a)(1) & (2); -2(a), (b)(1)-(3), (c)(1) & (2); -3(a), (b)(1); -4(a), (b).
Problems: Do p. 17.
Contributions of Unencumbered Property to the Partnership
I.R.C.: Read §§ 721; 722; 723. Skim §§ 453B(a), (b); 704(c)(1)(A); 724; 1223(1) and (2); 1245(b)(3).
Regs.: Read §§ 1.453-9(c)(2); 1.721-1; 1.722-1; 1.723-1, 1.1223-3(a), (b)(1).
Casebook: Read pp. 32-38.
Problems: pp. 38-39.
Lobenhofer
Assignment for Tuesday, Jan. 29:
Unit 1 in the casebook. (This means reading the assigned Code and Reg. provisions, doing the problems, and reading the Overview and Reference Materials in the casebook for that Unit.)
Martin
Casebook: Dukeminier, Lindgren, & Sitkoff; Wills, Trusts, and Estates, (8th ed)
Statutes: Chapters 2105 (Descent and Distribution); 2107 (Wills) and 2131.08 and .09 (Rule against Perpetuities) of Ohio Revised Code.
January 28: Preface (pages xxxi-xxxiii); Power to Transmit Property at Death (pages 1-10, 16-38).
Martin
Casebooks: Madoff, Tenney, Hall & Mingola, Practical Guideto Estate Planning, 2013 edition, CCH. (You should acquire
this book from the ONU bookstore in order to obtain special student pricing.)
Millard, Drafting Wills, Trusts, and Other Estate Planning Documents: A Style Manual, Bradford Publishing, 2006.
Supplemental Materials For Estate Planning are Attached.
January 28: CCH: Chapter 1 (The Planning Process); Supp: pages 2-12. Confidential Estate Planning Information form, and Engagement Letter form.
Neslund
FIRST ASSIGNMENT
Business Planning
Spring 2013
1. Purchase and bring to class the text, F. Gevurtz, Business Planning (4th ed. 2008).
2. Register for our course on TWEN. I will use TWEN to distribute materials to the class (including the syllabus and semester reading assignments) and to communicate with you during the semester. So be sure to register with an email address you regularly monitor. We will also be using various other functions TWEN provides, such as the discussion board and the drop box.
3. Reading assignment: You should approach the reading assignments for this class from the perspective of an attorney in a business practice (e.g., identifying future implications of alternative approaches that could be taken today and actively seeking alternative approaches that meet relevant legal requirements while balancing potential legal risks against a hierarchy of the client’s objectives).
N.B.: One of the assigned readings is on reserve at the library. Be sure to schedule sufficient time to read it before our first class. Obviously not everyone will be able to read it on Monday before our class starts!
Lawyer's role in planning
- Gevurtz, pp. 1-18 (carry-over paragraph only)
Planning and drafting
- “[L]anguage … is a part of the process of thinking. Our ideas are clarified in the very attempt to express them.” See infra Dickerson p. 14 n. 1 (quoting Littleton, The Importance of effective Legal Writing in Law Practice, 9 Student Law. 6 (1963).
- “[A]s a planner, the draftsman is also a sculptor of ideas, an engineer, and an architect.” See infra Dickerson p. 354.
- Reed Dickerson, The Fundamentals of Legal Drafting (3d ed. 1986) §§ 4.1-4.4, on reserve in library
Ethics and the business attorney
- Gevurtz, pp. 26-52
Course structure
- The syllabus, posted on TWEN
4. Written homework: Not later than noon on Monday, Jan. 28, email me the following information:
- In what state or states do you intend, expect or hope to practice on graduation from ONU? Specify at least one state (e.g., the state in which you intend to sit for the bar).
- List those of the following courses you have completed: Bus. Orgs. 2, Taxation of Corporations, Taxation of Partnerships, bankruptcy (specify which), Corporate Finance, Intellectual Property, Patent Law, Securities Regulation and Legal Profession.
- Separately list any of the above courses which you are taking concurrently with this course.
5. Read carefully through the syllabus and be prepared to answer and ask questions about it in the first class. You should also feel free to ask any question or discuss any aspect of the syllabus on the TWEN discussion board for our class, even before our first class. N.B.: If the syllabus is not posted on TWEN as early as this assignment is made available, students who are registered for the course on TWEN will get an email when the syllabus goes up.
ANY QUESTIONS BEFORE CLASSES START?
Feel free to contact me at n-neslund@onu.edu.
Neslund
FEDERAL INCOME TAX
Prof. N. Neslund
Assignments for the Week of January 28
1. Purchase the required text (Fundamentals of Federal Taxation, by Miler & Maine) and supplement (Selected Federal Taxation Statutes and Regulations 2013, edited by Lathrope). You should bring both of them to every class. If you don’t already have one, you should also acquire a stand-alone calculator (i.e., one that cannot communicate with any other source), which should also be brought to class.
2. Register for our course on TWEN. This will be the vehicle I use to distribute materials to the class (including the syllabus and semester reading assignments) and to communicate with you during the semester. We will also be using various other functions it provides, such as the discussion boards.
3. Read the syllabus. You should be prepared to both answer and ask questions about it in the first class. You should also feel free to ask any question or discuss any aspect of the syllabus or the class by posting to the discussion board on TWEN, even before our first class.
4. Assignment (read and follow these steps in this order):
- Much of the substantive tax law we cover this semester will be presented in the context of the federal income tax (FIT) formula applicable to individual taxpayers. That formula is established by application of certain specific sections of the Internal Revenue Code. Our first order of business will be to establish a firm foundation for learning tax. That foundation is constructed from:
- Learning and developing an understanding of the FIT formula for individuals and
- Learning how to find, read and understand relevant code provisions.
- From the Course Materials area of our class TWEN site, download and go through the PowerPoint show “Cracking the Code” in “slide show” mode.
- The slide show will reference and apply concepts from code §§ 61(a), 62(a)(1), 63(a)-(b), 1(a)-(d), the headings printed above §§ 21 and 31, the titles of §§ 24, 25A and 31, and the provisions of § 102. Before beginning the slide show, locate and quickly skim each of these provisions in your code/reg. supplement.
- As you proceed through the slide show, when a question is asked, try to formulate an answer before proceeding to the next slide. Take notes—mark down anything you’d like clarified or about which you have questions.
- Bring your notes to class so you can get your uncertainties resolved! When you come to class I don’t expect that the material in the slide show will be completely clear. When we finish our discussion in class, however, it should be! Whether that happens depends on YOU!
- Another aspect of our foundation for the study of federal income taxes is a conceptual understanding of “income”—that is, a conception of what we should be trying to tax. To get a sense of what might be involved in defining that concept, please read the excerpt from Prof. William D. Andrews’ 1972 article (an article that, in its entirety, would probably appear on most lists of the top ten most influential law review articles on tax), which can be found in the Course Materials area of TWEN.
- By the end of Wednesday’s class we will have started our discussion of the materials in Chapter 2. Although we will certainly not complete it this first week, I still recommend that you read the entire chapter as a unit using the following approach:
- Skim all of the code and reg sections identified in Part I (p. 11) (adding § 274(j)(3)-(4) to that list) using the logical scanning approach presented in the “Cracking the Code” PowerPoint presentation.
- Skim the chapter problems in Part II, paying attention to how the fact patterns change in each variation of the questions.
- Then read Part III, Overview. Each time the text references one of the assigned code or reg sections, go back to that authority, this time carefully reading it using all the techniques in “Cracking the Code.” Also read the excerpted cases in Part IV (Glenshaw Glass, Cesarini, and Old Colony Trust) as and when they are discussed in Part III.
ANY QUESTIONS BEFORE CLASSES START?
Feel free to contact me at n-neslund@onu.edu.
Newell
First Assignment: 1/29
1. Casebook (Ragazzo & Fendler): 366 – 392
2. Delaware General Corporation Law (DGCL): §§ 109, 141, 151, 212, 216, 218, 242
3. Model Business Corporation Act (MBCA): §§ 6.01, 7.22, 7.25, 7.27, 7.30 – 7.31, 8.01, 8.08, 8.24, 10.20
Newell
First Assignment: 1/29
1. Reread Roger Fisher, William Ury & Bruce Patton, Getting to Yes: Negotiating Agreement Without Giving In (3rd ed., Penguin 2011).
2. Oatley, K. (1998). State of the Art: Emotion. The Psychologist, 11(6) 285-288. (posted on Moodle)
3. Solomon, R.C. (2008). The Philosophy of Emotions. In M. Lewis & J.M. Haviland (Eds.), Handbook of Emotions (pp. 3-15). New York: The Guilford Press. (posted on Moodle)
4. Isen, A.M. (2008). Some Ways in Which Positive Affect Influences Decision Making and Problem Solving. In M. Lewis & J.M. Haviland (Eds.), Handbook of Emotions (pp. 548 – 573). New York: The Guilford Press. (posted on Moodle)
Parkhill-Krein
Women & The Law Seminar
Spring 2013 Professor Gayle Parkhill-Krein
Emeritus Office Class Time: Tues. 10:50-12:50
Class Room: 148
Required Text
Bartlett & Rhode, Gender and Law: Theory, Doctrine, Commentary (5th ed. 2010)
Requirements
Research Paper
Your main requirement in this course is to prepare a research paper of at least 20 pages (not counting footnote pages or appendices). The paper is to be typed, double-spaced on 8.5” by 11” paper. The paper must represent your individual effort, and you may not receive material assistance with the project from any other individual except me without my express approval. However, you are permitted (and in fact, encouraged) to take your paper to the Communication Skills Center, located in the Heterick Library (Ext. 2186). The paper must not have been submitted for a grade in any previous course.
Participation
I will announce text reading assignments on a weekly basis. Each student is expected to have read the assigned text prior to class and to be prepared to actively discuss it.
Grade, Attendance and Preparation/Participation
Grade: 10% quality and quantity of class participation (including questioning
during classmates’ oral presentations)
10% oral presentation of your research paper
10% quality of first draft of your research paper
70% quality of final version of your research paper
Attendance: More than 2 absences will result in a lower grade
Research Paper Deadlines
(all assignments to be submitted by email to me no later than midnight of due date)
Tuesday, 2/19 Paper Topic Statement Due (to be 1-2 paragraphs, describing
topic selected)
Tuesday, 3/12 Outline and List of Authorities Due
Tuesday, 4/2 First Draft Due
Tuesday, 4/30 Final Paper Due
Oral presentations of research paper topics will be given on 4/16, 4/23 and 4/30
Parkhill-Krein
January 29, 2013
1. Read pp. 1 thru 33 of the text.
2. Review Textbook Table of Contents noting headings you are most interested in studying in class.
Raack
Jan. 28: Read text (Contracts, Cases and Materials, 7th ed., Farnsworth et al) pp. 285-99, 305-09; and UCC 2-201 and its comments; and Restatement 2nd sec.s 131-34, 112, 139.
Raack
Assignment for Spring Semester first day of class, Monday January 28th:
--Readings in box on table near Prof. Raack's door (available Friday)
--Text (Environmental Law in Context, Robin Craig) pp.1-17
Thomas
Required text: Health Law, Cases, Materials and Problems, 6th Edition, Barry R. Furrow, et al.,Thompson West publisher
(ISBN: 978-0-314-19602-6)
Week Topic Assignment
1 Introduction Chapter 1: 1-11, 19-31
Licensing of Health Care Chapter 2: 32-54
Professionals and Quality
Control Regulation of Health
Care Institutions
Waldick
As general background you should read Dressler Chapters 1 and 2 (pp. 1-91). These Chapters will not be discussed in class. For class on January 28th please read Dressler pp. 92-119.
Young
All assignments are from the main text, Henderson & Twerski
Mon. 1-28 pp. 1-28
Fri. 2-1 pp. 33-57
Young
Mon. 1-28 No assigned reading, but discussion will concern organizing the course around your interests, so please have some idea of what sport law issues you are interested in.
Wed. 1-30 The Enforcement of Sports Contracts. The assignment will be electronically distributed as a pdf to everyone registered. If you don't get it from me, please contact me with your email address so I can send it. Alternatively, you can get a copy from Peggy Cain in the Secretaries Office.
Fri. 2-1 No assigned reading. The class will be spent on the Presentation Topic/Date Draft. You must be prepared with an explanation of your proposed presentation topics and dates (having some alternates is a very good idea).
