these pages are presently under construction
Professor Gordon’s video resources supporting a variety of Legal Studies topics.
Agency Law
- Introduction to Agency
- Types of Principal in an Agency Relationship
- What is the Scope of the Agent Principal Relationship?
- Methods of Forming a Principal Agent Relationship
- Duties of a Principal to an Agent
- Duties of an Agent to a Principal
- Employer vs Independent Contractor
- Agent Authority to Contract
- Agent Liability to Third Parties
- Principal Liable for Torts of an Agent
- Termination of Agency Relationship
Alternative Dispute Resolution
Overview
Arbitration
- Advantages of Arbitration?
- Arbitrators
- Voluntary vs Mandatory Arbitration
- Procedure For Carrying Out An Arbitration
- Appeal from Arbitration
- How are Arbitration Awards Enforced?
- Federal Arbitration Act
- Review Under the Federal Arbitration Act
Mediation
- Mediation
- Advantages of Mediation
- Mediator
- Process for Carrying out a Mediation
- How Do Parties Initiate Mediation?
American Legal System
- Introduction to the Legal System
- What is Law?
- What is Jurisprudence?
- Role of Law in a Nation’s Economic Strength
- What is the Rule of Law?
- What is Property?
- What is the Purpose of Ownership Rights in Property?
- What is the Justification for Recognizing Property Rights?
- How Does the Legal System Promote Property Rights?
- Common Law vs Civil Law
- Public Law vs Private Law
- Civil Law vs Criminal Law
- Substantive and Procedural Law
- What are Sources of Federal, State, and Local Law?
- What is the Role of Judiciary in the Legal System?
- What is the Effect of Law on Business Entities?
Antitrust Law
Overview
Sherman Act
- What is the Sherman Act?
- Sherman Act Monopoly
- Sherman Act Monopolization
- Sherman Act Horizontal Restraint of Trade
- Sherman Act Vertical Price Fixing Maintenance
- Sherman Act Horizontal Price Fixing
- Sherman Act Refusal to Deal
- Antitrust Rule of Reason Per Se Illegality
- Sherman Act Product Tying
- Sanctions under Antitrust Law
- Exemptions from Antitrust Regulation
- Sherman Act Sharing of Information
- Sherman Act Exclusive Dealing Arrangements
- Sherman Act Territorial Agreement
- Sherman Act Vertical Territorial Agreements
Clayton Act
- What is the Clayton Act?
- Clayton Act Tying Arrangements
- Clayton Act Reciprocal Dealing Arrangements
- Clayton Act Mergers and Acquisitions
- Clayton Act Section 3 Special Arrangements
- Clayton Act Price Discrimination
Federal Trade Commission
- Federal Trade Commission – Enforcing Antitrust Laws
- Federal Trade Commission Act – Deceptive Practices
Bankruptcy Law
- Introduction to Bankruptcy Law
- What is Bankruptcy?
- Types of Bankruptcy
- Primary Participants in Bankruptcy Process
- Key Concepts to Understand Bankruptcy Process
- What is the Authority of the Bankruptcy Court?
- Role of Trustee in Bankruptcy
- Assets Included in Bankruptcy Estate
- Section 362 – Automatic Stay in Bankruptcy
- Creditors Submit Proof of Claims to Bankruptcy Estate
- Voluntary and Involuntary Bankruptcy
- Chapter 7 Bankruptcy Process
- Chapter 11 Bankruptcy Process
- Authority of Debtor in Possession Regarding Executory Contracts
- Avoiding Powers of Debtor in Possession
- Automatic Stay of Proceedings in Bankruptcy
- Authority of Debtor in Possession to Use Business Assets
- Authority of Debtor in Possession to Secure Post-Petition Financing
- Appointment of Trustee or Examiner in Chapter 11 Bankruptcy
- Bankruptcy Plan of Reorganization
- Cramdown of Chapter 11 Bankruptcy Plan
- Discharge of Debtor in Bankruptcy
Business Organizations
Overview
- Introduction to Business Entities
- What are Business Entities?
- Closely-held vs Publicly-held Business
- Most Common Forms of Business Entity?
- Considerations in Selecting a Business Entity
- Creating Business Entities
- Maintenance Requirements
- Continuity of Business Entities
- Taxation Considerations
- Taxation of Business Income
- Ownership Structure
- Compensation Issues
- Managerial Control
- Limited Personal Liability
Forms of Business Organizations
- Sole Proprietorships
- General Partnerships
- Limited Partnerships
- Limited Liability Partnerships
- Corporations
- “S” Corporations
- Limited Liability Company
- Joint Venture
Contract Law
- Introduction to Contracts
- What is a Contract?
- Sources of Contract Law
- What is Required to Form a Contract?
- Unilateral and Bilateral Contracts
- Express vs Implied Contracts
- Voidability of a Contract
- Situations Giving Rise to a Voidable Contract
- Executory vs Executed Contracts
- Discharge from Contract
- Conditions Under a Contract
- Performance, Substantial Performance, and Breach
- Discharge from Contract
- Impossibility and Impracticability
- Frustration of Purpose
- Waiver or Release from Contract
Constitutional Law
Overview
- Introduction to the US Constitution
- What is included in the US Constitution?
- What is Separation of Powers in the US Constitution
- Standards of Constitutional Review
- Rational Basis Review Minimum Rationality
- Intermediate Scrutiny or Quasi-Strict Scrutiny
- Strict Scrutiny and Constitutional Review
Article I
- Authority for Judiciary Under Article I of the Constitution
- Article I Federal Courts
- Contract Clause
- Privileges and Immunities Clause
- Commerce Clause
- Taxing and Spending Power
Article II
Article III
Article IV
Article VI
Amendments
- Introduction of 1st Amendment
- Commercial Speech and the 1st Amendment
- Defamation and 1st Amendment Considerations
- Fighting Words and the 1st Amendment
- Obscenity Unprotected Speech
- Political Speech and the 1st Amendment
- How Does Religious Freedom Affect Business Practice?
- 4th Amendment Search and Seizure Protections
- 5th Amendment
- Due Process Clause
- Eminent Domain
- What are Criminal Law Protections under the 5th Amendment?
- Criminal Law Protections under 6th Amendment
- Right to Jury Trial Under 6th and 7th Amendment
- Criminal Law Protections of the 8th Amendment
- 14th Amendment to US Constitution
- Incorporation Doctrine of the 14th Amendment
- Equal Protection Clause 14th Amendment
Consumer Law
Overview
- Introduction to Consumer Protection
- What is Consumer Protection Law?
- Product Labeling Laws
- State Consumer Protection Laws
Regulation
- Consumer Product Safety Act
- Consumer Financial Protection Act
- The Equal Credit Opportunity Act
- Fair Credit Reporting Act
- Fair Credit Reporting Act – Reporting Agencies
- Fair Credit Reporting Act – Furnishers of Information
- Fair Credit Reporting Act – Users of Information
- Electronic Funds Transfer Act
- Fair Credit Billing Act
- Right to Financial Privacy Act
- Magnuson Moss Warranty Act
- Electronic Communications Privacy Act
- Truth in Lending Act
- Fair Debt Collection Practices Act
Federal Trade Commission
- Federal Trade Commission
- What is the Federal Trade Commission Act?
- FTC Regulatory Enforcement Procedures
- Commercial Practices Prohibited by FTC
- FTC Remedies for Consumer Protection Violations
- Federal Trade Commission Act – Deceptive Practices
Privacy
- Privacy Act of 1974
- Right to Financial Privacy Act
- Children’s Online Privacy Protection Act
- Health Insurance Portability and Accountability Act ( HIPAA)
Court Systems
Overview
- Introduction to the Court System
- What is the Role of Judiciary in the Legal System?
- What is Standing to Sue?
- Who are the Primary Players in the Judicial System?
- Other Players in the Judicial System
- What are Class Actions?
- Types of Judges in State and Federal Judiciary
- Role of Appellate Court in Judicial System
- Trial Court Judge
- Appellate Judge
- What Are International Law Courts And Their Function?
Federal Courts
- What Are Article I Federal Courts?
- What Are Article III Federal Courts?
- What Are Article IV Territorial Courts?
- Appeal to US Federal Circuit Court
- Appeal to US Supreme Court
State Courts
- State Court System
- Appeal of State Court Decision
- Can State Courts Hear Federal Matters, 1
- Can State Courts Hear Federal Matters, 2
Administrative Law Courts
- Administrative and Legislative Courts
- Appeal from Administrative Courts
- Judicial Authority to Review Administrative Court Decisions
Jurisdiction And Venue
- How do you obtain Personal Jurisdiction?
- What is Personal Jurisdiction in Federal Court?
- What is Personal Jurisdiction in State Court?
- What is Subject – Matter Jurisdiction in Courts?
- What is the Minimum Contact Standard for Personal Jurisdiction?
- What is Venue?
Civil Trial
- Introduction to Civil Litigation
- What is a Civil Lawsuit?
- Who are the Parties to Litigation?
- What is a Trial Court Judge?
- What are the Steps in a Civil Trial?
- What are Pleadings?
- Jury Selection
- What are Motions?
- What is Discovery?
- What is the Scope of Discovery in a Civil Lawsuit?
- What is the Burden of Proof in a Civil Trial?
- How is a Civil Trial Decided?
- Appeal of a Civil Trial
- Enforcement of a Civil Judgment
- What is Res Judicata?
Employment Regulation, Discrimination and Labor Law
Overview
- Introduction to Employment Law
- Employer vs Independent Contractor
- At Will Employment and State Employment Law
- Employer Witholding Requirements from Employee Wages
- Self Employment and Payroll Taxes
- Personal Interaction in Employment Negotiations
- What Are The Primary Workplace Privacy Laws?
- What are Worker’s Compensation Laws?
Employment Regulation
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Genetic Information Non-Discrimination Act
- Uniform Service Members Employment and Reemployment Act (USERRA)
- Employment Verification Laws (IRCA)
- Affirmative Action Explained
- Equal Pay Act of 1963
- Employee Retirement Income Security Act (ERISA)
- Worker Adjustment and Retraining Act (WARN Act)
- The Family Medical Leave Act (FMLA)
- Consolidated Omnibus Budget Reconciliation Act (COBRA)
- Occupational Safety and Health Act (OSHA)
Employment Discrimination
- Employment Discrimination (Intro)
- Major Employment Discrimination Laws
- Civil Rights Act of 1866 ( 1981 actions)
- Title VII Overview
- Retaliation Under Title VII
- Employment Discrimination under Title VII of the Civil Rights Act
- Race Discriminatiom Under Title VII
- Sex Discrimination under Title VII
- Sexual Harassment and Discrimination Under Title VII
- Pregnancy Discrimination Under Title VII
- Enforcing Title VII Actions through EEOC
- Disparate Treatment
- Disparate Impact in Employment Discrimination
- Discrimination by Disparate Impact Examples
- Sexual Orientation Discrimination
- Religious Discrimination under Title VII
- National Origin Discrimination under Title VII
- Role of State Government in Employment Discrimination
Labor Law
- National Labor Relations Act of 1935
- Labor Management Relations Act (Taft Hartley Amendment to National Labor Relations Act)
- Norris – LaGuardia Act
- Fair Labor Standards Act ( FLSA )
- Labor Management Reporting and Disclosure Act
Intellectual Property Law
Overview
- Introduction to Intellectual Property
- Justification for Intellectual Property Rights
- Capturing or Securing Intellectual Property Rights
- Product Development Intellectual Property Considerations
Copyright
- Elements of a Copyright
- Capturing Copyrights
- Time Period for Copyright Protection
- Who May Secure Copyright Protection?
- Process for Registering a Copyright
- Rights of Holder of a Copyright
- What is the Process for Enforcing a Copyright?
- Defenses to a Claim of Copyright Infringement
- Fair Use of a Copyright
Patent
- Overview of Patents
- What Are The Types Of Patent?
- Requirements of a Valid Patent
- Process for Filing for Patent Protection
- Process For Enforcing One’s Patent Rights
- What is a Provisional Patent?
- Patentable Subject Matter for a Utility Patent
- Requirements To Receive A Design Patent
- Patent and Latent Ambiguities in a Contract
Trademark
- Overview of Trademark Rights
- Types of Trademark
- Trademarking a Business Name
- Enforcing Trademark Rights
- Distinctiveness Requirement for Trademarks
- Secondary Meaning for Descriptive Marks
- What is Trademark Infringement?
- Infringing Upon a Protected Trademark
- Capturing Trademark Rights
- Federal Registration of a Trademark
- Process for Filing a Federal Trademark
- Reasons for USPTO Rejection of a Trademark
- State Law Protection of Trademarks
Trade Secrets
International Law
Overview
- Introduction to International Law
- What is International Law?
- What Is Public And Private International Law?
- What are International Law Courts and their Function?
- Types of International Agreements Affecting US Trade?
International Political and Economic Organizations
- What is the United Nations and how does it affect International Law?
- What is the United Nations Conference on Trade and Development?
- What is the United Nations Commission on International Trade Law?
- What is the World Trade Organization?
- What is the World Bank?
- What is the International Monetary Fund?
- What is the European Union?
Legal Aspects of International Business Agreements
- What are the Legal Risks and Considerations in International Business?
- What are the Methods of Carrying on International Business?
- How are Private International Business Agreements Enforced?
- Key Determinations for Enforcement of Private International Agreements?
- What Laws Apply to the Export of Goods from the US?
- What US Laws Limit US Business Practices in Foreign Countries?
- When is Foreign Business Prohibited under US Law?
- What is the Significance of Boycotts on International Business?
Property Law
Overview
- Introduction to Property Law
- Tangible and Intangible Property
- Real vs Personal Property
- Fixtures and Real Property
- Ownership in the Context of Property Rights
- Role of State with Regard to Property
- Property and Economic Prosperity
- What is Taxation on Real and Personal Property?
Bailments
Ownership of Property
- Acquiring Property through Accession
- Acquiring Property through First Possession
- Laws for Lost, Mislaid, and Abandoned Items
- Adverse Possession
- Acquiring Property – Contract
- Acquiring Ownership Rights Through Gift
- Acquiring Property Rights Through Confusion
- Deeds and Transfer of Interest Explained
- Fee Simple
- Life Estate
- Leasehold Interest in Real Property
- Joint Tenancy and Tenancy in Common
- Community Property vs Separate Property
- Easement or Right of Way in Real Property
- What is a License for Real Property?
- How are Property and Ownership Rights Limited?
- Nuisance
- Zoning Ordinances
- Eminent Domain
Regulatory Process
- What are Administrative Agencies?
- Authority for Administrative Agency Functions
- Functions of Administrative Agencies
- Advantages of Administrative Agencies?
- What are the Disadvantages of Administrative Agency Regulations?
- How are Administrative Agencies Organized?
- Appointing and Removing Agency Authorities
- Authority to Review Agency Rulemaking
- Judicial Authority to Review Administrative Court Decisions
- Process for Creating Administrative Regulations
Secured Transactions
- Introduction to Secured Transactions
- What is a Security Interest?
- Benefits of a Security Interest in Collateral
- What is a Mortgage?
- How does a Security Interest Benefit a Mortgage Lender?
- Deed of Trust or Security Deed
- Land Sale Contracts
- Secured Transaction Defined
- Attachment of a Security Interest
- Perfection – Establishing Security Interests
- Establishing a Security Interst in Real Property Land
- Automatic Perfection of a Security Interest in Goods
- Purchase Money Security Interest in Consumer Goods
- Purchase Money Grace Period for Secured Parties
- Permanent Perfection of Purchase Money Security Interest
- Temporary Automatic Perfection in Proceeds of Sale of Goods
- Security Interest in Assignment of Accounts Receivable or Contract Rights
- Perfection of Security Interest by Possession
- Perfection of Security Interest by Control
- Perfecting a Security Interest by Filing a Financing Statement
- What is Authorization Required to File a Financing Statement?
- Appropriate Office to File a Financing Statement
- What is Priority of a Security Interest?
- Perfection and Priority of a Security Interest
- Priority Regarding Conflicts in Security Interests
- Priority of Parties Holding Statutory or Common Law Liens
- Priority of a Secured Party vs a Buyer of Collateral
- Protection of a Buyer in the Ordinary Course of Business
- Security Interest in Consumer Goods Purchased from Consumers
- Shelter Principle and Buyers of Collateral 2-403
- Priority Rules for Conflicting Security Interests
- Special Priority Rules for Proceeds from Sale of Collateral
- Secured Party Priority in Future Advances to a Debtor
- Priority in Purchase Money Security Interst in Collateral
- Purchase Money Security Interest in Inventory
- Priority of Multiple Purchase Money Security Interests
- Priority of Security Interests in Fixtures
- Priority of Security Interests in Fixtures vs Mortgage Holder
Securities Law
Overview
- Introduction to Securities Law
- What are Securities Laws?
- What is a Security?
- What is an Investment Contract under Securities Law
- What is an Initial Public Offering
Securities Regulation
- Major Federal Securities Laws
- Regulatory Goals of Security Laws
- What is the Securities and Exchange Commission?
1933 Act
- Securities Act of 1933
- What is an Offer to Sell Securities
- Who is Regulated in an Issuance of Securities?
- Disclosure Documents in Securities Issuance
- Limitations During Securities Issuance Process
- Classification of Issuers of Securities
- Securities Issuance Prefiling Period
- Post Filing Waiting Period in Securities Issuance
- Exempt Securities and Exempt Transactions
- What are Restricted Securities?
- Rule 504 Securities Exemption
- Regulation 505 Securities Exemption
- Rule 506b Securities Exemption
- Rule 506c Securities Exemption
- Restricted Securities and Rule 144
- Civil Liability Under Section 11 of the 1933 Act
- Civil Liability Under Section 12 of the 1933 Act
- Defenses in Section 11 and 12 Securities Actions
- Liability Under Section 17 of the 1933 Act
- Criminal Liability Under the 1933 Act
1934 Act
- Securities Exchange Act of 1934
- Requirement to Register Securities Under 1934 Act
- Reporting and Disclosure Requirements Under 1934 Act
- Liability Under Section 10(b) or Rule 10(b)5
- Liability for Insider Trading under Rule 10(b)5
- Damages Available per Rule 10(b)5 Action
- Insider Trading Under Section 14 of 1934 Act
- Insider Trading Under Section 16 of the 1934 Act
- Liability Under Section 18 of the 1934 Act
- Securities Enforcement Remedies Act
- Criminal Liability Under the Securities Exchange Act of 1934
State Securities Laws
- Securities Issuances Regulated by State Law
- Registration Requirements Under State Law
- Coordinated Registration under State Securities Law
Tort Law
Overview
Intentional Torts
- What are Intentional Torts?
- Assault and Battery
- Intentional Infliction of Emotional Distress
- Intentional Interference with Contractual Relations
- Intentional Interference with Economic Relations
- Invasion of Privacy
- Trespass
- Fraud
- False Imprisonment
- Malicious Prosecution
- Conversion
- Defamation
- Defenses to Defamation
- Unprotected Speech Defamation
- Defamation and the 1st Amendment
- Defamation and 1st Amendment Considerations
Negligence
- What is a Negligence Action?
- Duty of Care in Negligence Actions
- Breach of Duty of Care
- Causation (Cause-in-Fact and Proximate)
- Defenses to a Negligence Action
Strict Liability in Tort
- What is Strict Product Liability?
- Examples of Strict Liability Actions in Tort
- Defenses in a Strict Liability Lawsuit?