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First Day Assignments

Spring Term


Armstrong

Welcome to Advanced Legal Research!

If you are enrolled, please plan to attend our first class on Thursday, Feb. 1.

There are currently 4 people on the waitlist. If you are considering adding this class, please be sure you are on the waitlist and plan to attend the first class. The Feb. 1 class is an overview and should be useful to you even if you do not end up taking the course.

There is no assignment for the first class. There is no textbook for the course. The class list will be finalized on Feb. 1.

Please check your mailbox before the first class for additional information.


Lauren Bartlett

Reading assignment:  Chapters 1 - 4, pages 3 - 32.


Joanne Brant

Monday:  1/29
Casebook, pp. 600-30
Tuesday: 1/30
Casebook, pp. 711-19; 724-40
Thursday: 2/1
Casebook, pp. 740-58
 


Joanne Brant

Monday, 1/29
Casebook, pp. 19-43
Tuesday, 1/30
Casebook, pp. 44-68
Thursday, 2/1
Casebook, pp. 68-81 (plus handouts, which will be on Moodle shortly)
 


Darrel Davison

Jan. 29

Please be prepared to discuss pages 1-37 of O'Brien and Flannery, The Fundamentals of Elder Law (1st ed. 2015)

 


Scott Gerber

Reading Assignments
1/29: 1-7 (introduction), 9-15 (basic principle of rightful position)
1/30: 28- 41 (expectancy and reliance as measures of rightful position)
2/1: 41-53 (consequential damages)


Scott Gerber

Reading Assignments
I. Substantive Due Process
1/29: 615-27, handout 1-5 (economic)
1/30: 627-42 (economic, con.)
2/1: 642-58 (economic, con.)


Amanda Hartman

First Assignment:  Prior to the first class, students are to complete a brief writing assignment (a MAXIMUM of 2-3 pages).  I want you to answer three important questions that will help me gauge how familiar students are with agriculture and the concept of agricultural law.  There is no right or wrong answer.  Everyone will receive full credit for completing the assignment and submitting it to me by the due date.  No research is required for this assignment.  This is an OPINION piece to be completed on your own.  Please do not discuss this assignment with any of your classmates until after it is due.

Your response should be typed, double spaced, 12 point font with 1” margins in a Word or PDF format and emailed toastacyhartman@farmlawyers.com by 6:00pm on Monday, January 29, 2018.  Please complete this assignment BEFORE doing the reading for the first class.

            Please answer the following three questions:

1.      Define agricultural law.  What do you believe agricultural law entails?

2.      Describe your interest in agricultural law. 

3.      Describe your familiarity with agriculture.  Did you grow up on a farm?  Do you have family that farms?  Were you involved in FFA or 4-H?  If your only familiarity with agriculture is living and going to school in Ada, that’s ok!  Just tell me.

Also, read pages 1-30 AFTER completing this short assignment.

 


Deidre Keller

Property II

As you know, the text for this class is Stephen Clowney, James Grimmelmann, Michael Grynberg, Jeremy Sheff, and Rebecca Tushnet, Open Source Property (2015)

Monday, January 29: pages 1-15

Tuesday, January 30: pages 16-34

Thursday, February 1: 34-63


Lauren Newell

Read the following:

- Conclusion of Beyond Reason

- Oatley, K. (1998). State of the Art: Emotion. The Psychologist 11(6) 285-288. [Available on Moodle]

- 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. [Available on Moodle]

- 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. [Available on Moodle]

Watch season 1, episode 1 of Breaking Bad. [Breaking Bad is available on Netflix and Amazon, among other places. Please let me know if you have trouble accessing the show for free.]

- Make a list of all the emotions you see the characters experience. Try to identify the cause or source of those emotions. What advice would you give to the characters about how to manage any “negative” emotions you identify (in themselves or in others with whom they are interacting)?


Lauren Newell

Assignments for the first week of class:

  • Monday, January 29: Read Ragazzo & Fendler pgs. 448 – 475. Read the following statutes: Model Business Corporation Act (MBCA): §§ 8.30 – 8.31, 8.42; ALI Principles of Corporate Governance: § 4.01
  • Wednesday, January, 31: Pgs. 475-496.  Delaware General Corporation Law (DGCL) § 141(a), (e)
  • Thursday, February 1: Pgs. 496-513.  DGCL § 144; MBCA §§ 1.43, 8.60 – 8.63 

David Raack

Contracts 2

Monday, January 29th:  Parol Evidence Rule.  Prepare text pp. 414-31.


David Raack

Environmental Law

Monday, January 29th:  Read text (Practice and Policy of Envtl. Law 4th ed.) pp. 1-17.
 

 


Rebecca Rosenberg

Partnership Tax:
 

Course Materials:

 

Required:

 

Cunningham and Cunningham, "The Logic of Subchapter K:  A Conceptual Guide to the Taxation of Partnerships" (5th Ed., West Publishing 2017)  ISBN: 978-1-63460-472-7 ("Logic")

 

Optional:

 

CCH's Federal Income Tax: Code and Regulations--Selected Sections (as up to date as possible - the versions you used for last semester are fine, and we'll discuss the updates made by the 2017 Tax Act.  I'll give you the partnership-related provisions of the 2017 Tax Act, in either hard copy or electronic form, so it's not necessary to find a hard copy compilation that already has them.)

 

Note:  The assigned reading includes portions of the Internal Revenue Code of 1986 (the “Code”) and the accompanying Treasury Regulations (“Treas. Reg.”).  You can use the hard copy volume of Code and Treas. Reg. sections listed above under “optional,” or you can use another printed version of the Code and Treas. Reg.’s, or you can obtain the Code and Treas. Reg. sections online for free – just do an online search for the section number and either “Internal Revenue Code”  or “Treasury Regulation.” See also the parenthetical after the CCH cite above.

 

In other words, the assigned reading of the Code and Treas. Reg. sections is mandatory.  But you can choose where to get those sections, e.g. by using a hard copy or by getting them online or elsewhere.

 

 
 

Class 1, Tuesday, January 30th:  Overview of tax of partnerships:  different types of entities (corps, partnerships, de’s) and how they’re taxed, what is a partnership, life cycle of a partnership

 

Logic (Cunningham textbook, listed above), Chapter 1 (except skip p8, “electing partnership treatment”)

Code Section 761(a), (b), 7701(a)(1), (2), 701, 702(c),

Reg. §§ 1.761-1(a) -(c); -2(a), skim -2(b), read 301.7701-1(a) (“classification of organizations for federal tax purposes”); -2(a).

Skim Commissioner v. Culbertson, 337 U.S. 733 (1949); TIFD III-E, Inc. v. US (Castle Harbour), 666 F3d 836 (2d Cir. 2012).

 

 

Class 2, Wednesday, January 31st:  overview continued (what is a partnership), then check the box regs, intro to hybridity

 

Continued discussion of readings listed under class 1, plus

Logic, Chapter 1, page 8-9 (“electing partnership treatment”)

 

Reg. §§ 301.7701-1(a) (“classification of organizations for federal tax purposes”); 301.7701-2(a), -2(c)(1)-(2)(i); skim -2(b)(1)-(7) (corporations), read 301.7701-3(a)-(b)(1), -3(c)(1)(i), (iii), (iv), -3(c)(2), -3(f)(1), (2)

 

Problems 1 and 2, below (we’ll discuss during class 2).  (These problems are from “Problems and Assignments for a Course in The Taxation of Partnerships, To Accompany the Logic of Subchapter K,” 5th Edition (2017), by Laura E. Cunningham

Noël B. Cunningham (“Cunningham Problems”)):

 

1. and purchase unimproved land as cotenants. In each of the following alternatives, determine whether and have created an “entity” for tax purposes:

a. They hold the land for appreciation;

b. They lease the land to who uses the land for farming;

c. They construct a motel on the land and hire to manage the motel for them.

 

2. Aand have decided to leave their current positions as software designers in a large company and to start up their own firm. Aand have been very successful and are now quite wealthy. C, on the other hand, is a brilliant young programmer who is still paying off student loans. Although and both plan to invest capital in the new firm, they hope to eventually attract additional outside investors. They have come to you for advice in setting up their new venture. What are their options in choosing a business entity, and what considerations should they take into account in making that choice?


Rebecca Rosenberg

International Taxation

Spring 2018

3 Credits

 

 

Instructor

Professor Rebecca Rosenberg

r-rosenberg@onu.edu

(419) 772 – 2216

 

Class Hours

Tuesday, Wed., & Thursday: 3-4pm

 

Course Materials:

 

Required:

 

Taxation of International Transactions:  Materials, Text and Problems, by Gustafson, Peroni, and Pugh, 4th Edition, West Publishing, ISBN 978-0-314-91171-1 (2011) (“textbook”)

 

Optional:

 

International Income Taxation: Code and Regulations--Selected Sections (2017-2018) (or more recent version, if available)

 

Author(s): Professor Richard C. Pugh, Robert J. Peroni, Charles H. Gustafson 

 

Published: 06/23/2017 (or more recent version, if available)

 

ISBN: 9780808046349

 

NOTE 1:  Portions of the Code and Reg volume listed above are now outdated, due to the changes made by the 2017 Tax Act.  Therefore, you may want to get the assigned Code and reg sections online, rather than purchasing the hard copy.  Or you can get a hard copy and cross-check against the changes made by the 2017 Act. 

 

I'll give you the international-related provisions of the 2017 Tax Act, in either hard copy or electronic form, so it's not necessary to find a hard copy compilation that already has them.

 

Note 2:  The assigned reading includes portions of the Internal Revenue Code of 1986 (the “Code”) and the accompanying Treasury Regulations (“Treas. Reg.”).  You can use the hard copy volume of Code and Treas. Reg. sections listed above under “optional”- CHECKING IT AGAINST THE CHANGES MADE BY THE 2017 ACT - or you can use another printed version of the Code and Treas. Reg.’s – SIMILARLY CHECKING IT FOR UPDATES - or you can obtain the Code and Treas. Reg. sections online for free – just do an online search for the section number and either “Internal Revenue Code” or “Treasury Regulation.”  See also the notes above about the changes made by the 2017 Tax Act.

 

In other words, the assigned reading of the Code and Treas. Reg. sections is mandatory.  But you can choose where to get those sections, e.g. by using a hard copy or by getting them online or elsewhere.  BECAUSE OF THE MANY CHANGES MADE TO THE INTERNATIONAL PROVISIONS BY THE 2017 TAX ACT, WE’LL NEED TO BE ESPECIALLY CAREFUL TO CHECK FOR CHANGES TO ANY HARD COPY VERSIONS.

 

Please let me know if you have questions.  Email is the easiest way to reach me before the week of Jan. 29.

 

Reading assignments for the first 2 classes:

 

CLASS 1: basic overview of international tax:  what is international tax, big picture on inbound and outbound, big picture on 2017 Act changes, recurring policy themes, intro to treaties (including model treaties)

 

Textbook assignments refer to paragraph numbers

“Code” means the Internal Revenue Code

 

Assignment:    Textbook:                    skim ¶1000-1010

read 1070-1133 (basic policy concepts – we’ll see these policy ideas throughout the course)

 

                                                            read 1235-1250 (tax treaties)

                                                                   1295 (Treaties and the code)

 

 

Code sections:             894(a) (“with due regard” to treaty obligations)

                                    7852(d)(1): Code/treaty interaction

                                    7701(a)(1), (4), (5), (30)         

 

                                                                       

 

 

CLASS 2U.S. vs. Foreign persons: definitions, examples, treaty impact

 

Assignment: 

 

Textbook:                                   ¶1170-1185 (citizens and indiv residents)

                                                   1190, problems 2, 3 – and what if a treaty applies?

                                                   1205-1223 (residence of entities)

 

Code sections:             61(a)

                                    7701(a)(4), (5), (9) and (30)

                                    7701(b)(1), (3), (4), (5), (6) and (7), skim (b)(2)

 

                                    2016 U.S. Model treaty (see link below):  Article 1, just paragraphs 1, 2, and 4; Article 4 

 

The 2016 U.S. Model Treaty can be found at:

 

https://www.treasury.gov/resource-center/tax-policy/treaties/Documents/T...


Steve Veltri

Please be prepared to discuss pages 630 to 645 of Dukeminier, Krier, Alexander & Schill, Property (8th ed. 2014) and Ohio's Transfer on Death Deed from the course web site.


Steve Veltri

Please be prepared to discuss the Introduction and chapters 1 and 2 of Alan Watson, Slave Law in the Americas, (ISBN:  978-0-8203-4117-7).

 


Bryan Ward

1/29/2018

Criminal Procedure Investigation by Chemerinksy

pages 31-49