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Acquiring Copyright Protection
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In this course, we’ll introduce you to copyrights and copyright protection. This program is of low difficulty and no prior knowledge of intellectual property law is required.

A copyright is an intellectual property device that protects a creative work from duplication if it is fixed in a tangible medium. The course will look at the types of creations that can be protected by copyright law and discuss federal copyright law as set forth in Title 17 of the United States code.

The course covers the copyright requirements of originality, creativity and fixation in a tangible medium. We will distinguish between non-copyrightable “ideas” and copyrightable expressions. We spend much of our time looking at the important applications of these ideas to computer programs and software, which have often rendered traditional copyright rules anachronistic. Included in this discussion are the effects of the Digital Millennium Copyright Act of 1998.

The course next turns to copyright duration, renewal and termination and how they are applied to copyrighted works based on the years that the works were created.

Finally, we will look at notice and registration, and compliance with registration and recording procedures with the United States Copyright Office. While these steps are not required for copyright protection to attach, we will discuss the important benefits that they bestow.

The goal of this program is to allow you to apply the copyright rules to determine whether work can be copyrighted, how copyright protection can be established and for how long the protection lasts. Enforcing copyrights and fair use and other defenses against copyright enforcement will be the subjects of another course.

Subject:
Law
General Law
Material Type:
Assessment
Full Course
Lesson
Lesson Plan
Author:
Stephen Haas
Date Added:
12/11/2019
The Age of Human Rights
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CC BY
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This is a syllabus for the course "The Age of Human Rights" (Capstone course – International Relations & International Law) designed for the University College Groningen (UCG), University of Groningen (the Netherlands). The syllabus is designed by taking into consideration the UCG’s focus on project-based education and it is further inspired by the design thinking approach to education.

This course aims to do two things. Firstly, to provide a good knowledge base on what international human rights are and what mechanisms exist to implement, supervise and enforce them. Secondly, to discuss in a critical manner how international human rights thinking has become inextricably linked to almost all areas of international cooperation. Students are asked to critically analyse specific human rights issues from a multi- or interdisciplinary perspective, thereby drawing upon information from the various disciplinary fields that they have covered in their programmes.

The first part of the course (6 sessions) is used to create the relevant knowledge base through interactive lectures. In the second part of the course (12 sessions), students are asked to work in small subgroups on particular issue areas which will be chosen in consultation with the instructors. The course concludes with a half-day conference on human rights in which the participating students act as panel members (this may be subject to change).

Subject:
Law
Material Type:
Lesson Plan
Syllabus
Teaching/Learning Strategy
Author:
Mando Rachovitsa
Date Added:
05/19/2021
Alternative Dispute Resolution
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This course is a primer in methods by which legal disputes can be resolved without litigation, both by the parties themselves and under the auspices of the justice system.

This is an introductory level course and no prior knowledge or experience with dispute resolution or the justice system is necessary.

Our first module is an overview of the landscape of alternative dispute resolution and includes discussion of the Federal Arbitration Act, passed in 1925, which still largely governs ADR in the United States, and especially in the federal court system. The first module also introduces various other methods of dispute resolution.

Module 2 focuses on negotiation between the parties, specifically facilitation of settlements and the settlement process. We’ll also look at settlement negotiations that are required and supervised by courts in many cases. Finally, we will discuss settlement agreements and their requirements for enforceability.

Module 3 turns to mediation, which is more formal negotiation supervised by a mediator, but that does not result in a formal decision, as in the case of arbitration. The module looks at when mediation is appropriate and the role and responsibilities of the mediator. We also look at various styles of mediation and the governing bodies and organizations that discuss and encourage best practices.

Modules 4 and 5 discuss the most formal component of the ADR landscape: arbitration. Arbitration allows a binding resolution to be rendered outside of the court system. We will focus on arbitrator qualifications, arbitration procedures and arbitration agreements. In module five, we will look at the enforceability of arbitration awards and the mechanisms by which the awards can be confirmed in federal court so that they can be enforced by normal collection procedures.

This course should give you a thorough introduction to the world of alternative dispute resolution and serve as an important component of a comprehensive understanding of the processes by which disputes are resolved in our system.

Subject:
Law
General Law
Material Type:
Assessment
Lesson
Lesson Plan
Author:
Stephen Haas
Date Added:
12/11/2019
American Contract Law for a Global Age
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CC BY-NC-SA
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American Contract Law for a Global Age by Franklin G. Snyder and Mark Edwin Burge of Texas A&M University School of Law is a casebook designed primarily for the first-year Contracts course as it is taught in American law schools, but is configured so as to be usable either as a primary text or a supplement in any upper-level U.S. or foreign class that seeks to introduce American contract law to students. As an eLangdell text, it offers maximum flexibility for students to read either in hard copy or electronic format on most electronic devices.

Why “American” Contract Law? Nearly all American contract law texts focus on U.S. law. This volume simply makes that focus explicit. Modern American lawyers face an increasingly global world, and the book makes it clear that American law is not the only important commercial law regime in the world. But much of the value that the cosmopolitan and transnational American-trained lawyer brings to the table is an understanding of the contract law of the United States. To this end, the venerable English cases that exemplify common law doctrine are here presented not in their hoary 19th century settings. but in the 21st century forms that students can intuitively grasp.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Frank Snyder
Mark Edwin Burge
Date Added:
07/10/2019
Anteprima del volume "I BACINI CULTURALI E LA PROGETTAZIONE SOCIALE ORIENTATA ALL’HERITAGE-MAKING, TRA POLITICHE GIOVANILI, INNOVAZIONE SOCIALE, DIVERSITÀ CULTURALE"
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Anteprima del volume "I BACINI CULTURALI E LA PROGETTAZIONE SOCIALE ORIENTATA ALL’HERITAGE-MAKING, TRA POLITICHE GIOVANILI, INNOVAZIONE SOCIALE, DIVERSITÀ CULTURALE. Il framework del Progetto ABACUS – Attivazione dei Bacini Culturali Siciliani, alla luce della Convenzione Quadro del Consiglio d'Europa sul valore del Patrimonio culturale per la società"

Subject:
Architecture and Design
Computer Science
Environmental Science
Information Science
Arts and Humanities
Art History
Languages
Performing Arts
World Cultures
Management
Public Relations
Agriculture
Education
History
Law
Hydrology
Physical Geography
Social Science
Anthropology
Archaeology
Political Science
Psychology
Social Work
Sociology
Material Type:
Activity/Lab
Case Study
Interactive
Primary Source
Simulation
Teaching/Learning Strategy
Textbook
Author:
ABACUS Project Activation of Cultural Basins
Date Added:
12/22/2020
Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law
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This text Provides a detailed analysis of whether the substantive applicable law in investor-state arbitration, national, international, or a combination of both.

Subject:
Law
Material Type:
Textbook
Provider:
Oxford University Press
Author:
Hege Elisabeth Kjos
Date Added:
05/19/2013
Authenticity/Agency Rubrics (Version 1)
Unrestricted Use
CC BY
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The Authenticity and Agency rubrics are based on elements from two frameworks: Student as Producer and Social Pedagogies. The rubrics were created for instructors and instructional designers to use as they develop authentic learning experiences in the course design process.

Subject:
Applied Science
Arts and Humanities
Business and Communication
Career and Technical Education
Education
English Language Arts
History
Law
Life Science
Mathematics
Physical Science
Social Science
Material Type:
Teaching/Learning Strategy
Author:
Jennifer Englund
Annette McNamara
Date Added:
01/29/2019
Bankruptcy Law and Practice
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CC BY-NC-SA
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This is the third edition of Bankruptcy Law and Practice, a Casebook Designed to Train Lawyers for the Practice of Bankruptcy Law. It is designed for a one-semester course in debtor/creditor law and bankruptcy. The book deals with both creditor remedies and debtor protections, starting with state law collection remedies, exemptions, and the important special protections for secured creditors under both Article 9 of the Uniform Commercial Code and state real property recording acts. After a thorough review of state law debt collection practice, the book covers the basics of straight bankruptcy law with a focus on Chapter 7 of the Bankruptcy Code, both for individuals and businesses. Although the book has a practice focus, it covers the major Supreme Court cases, and important appellate cases with an emphasis on areas of uncertainty. The book also emphasizes the Bankruptcy Code itself, using problem sets to get students to work through the language of the Bankruptcy Code.

At the end of the book are two abbreviated chapters on bankruptcy reorganizations for consumers under Chapter 13 and for businesses under Chapter 11. These chapters are intended to outline the reasons that debtors choose to file for reorganization rather than liquidation, and focuses on the rules for confirming a plan.

The primary goal of the book is to prepare students for the practice of bankruptcy law. Students who understand these materials should be well prepared to anticipate and address the kinds of issues that arise in real bankruptcy cases, whether in a small dollar consumer practice or a big dollar corporate reorganization. Students will learn the language of commercial law and bankruptcy, along with the skills to find their way around the Bankruptcy Code.

This is a true digital book, with links to both the cases and the statutes. The case links jump to the full text in the free Google Scholar website, while the statutory links jump to reprinted statutes in the appendixes of the book. No materials other than the book are needed.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Gregory Germain
Date Added:
12/03/2019
Basic Income Tax
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CC BY-NC-SA
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This book is the 7th edition of a basic income tax text. This edition incorporates the Tax Cuts and Jobs Act of 2017. It is intended to be a readable text, suitable for a three-hour course for a class comprised of law students with widely different backgrounds. The text integrates several of the CALI drills that Professor James Edward Maule (Villanova University) prepared.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
William P. Kratzke
Date Added:
07/01/2019
Basics of Bankruptcy Law
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CC BY-NC-ND
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5.0 stars

This video-course surveys bankruptcy law and focuses on the most common forms of bankruptcy and most important rules. The course opens by looking at the structure of the bankruptcy code, the system of bankruptcy courts and roles of federal and state law in the bankruptcy process. We also look at the roles of the debtor, the creditors, the court and the bankruptcy trustee.

We then focus on rules common to bankruptcy proceeding, including the all-important automatic stay, the effects of bankruptcy discharge and exempt property.

Module 2-4 look at the specifics of the three most common types of bankruptcies: those under Chapters 7, 11 and 13 of the Bankruptcy Code. In each case, we’ll look at eligibility and the rules, qualifications and procedures that govern bankruptcy under that Chapter.

Chapter 7 bankruptcy is liquidation, wherein all the assets of the debtor except for exempt property are vulnerable to collection, but which affords the debtor a discharge on most outstanding debts. We’ll look at the requirements for achieving this relief, the procedures followed by the trustee and the scope of the allowable discharge.

Chapter 11 and 13 are “plan” bankruptcies, under which the debtor re-organizes debts in negotiation with the creditors and under court supervision. Generally, Chapter 11 is used by companies, while Chapter 13 is only available for individuals. In both cases, we’ll look at the timelines and processes of the proceedings and the enforcement, modification or conversion of the applicable bankruptcy proceeding.

Finally, in Module 5, we’ll look at the forms and filings applicable to bankruptcy proceedings, including the petition, schedules and filing fees. We’ll also briefly look at bankruptcy crimes and penalties and other some laws that affect bankruptcy cases.

Once you complete this course, you should have a comprehensive understanding of the structure of the Bankruptcy Code and system, an understanding of how the bankruptcy system works and a basis upon which to research and learn more detailed necessary information.

Subject:
Law
General Law
Material Type:
Assessment
Full Course
Lesson
Lesson Plan
Teaching/Learning Strategy
Author:
stephen haas
Date Added:
12/11/2019
Basics of Civil Litigation
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CC BY-NC-ND
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5.0 stars

This video-course is a survey of the civil litigation process, from the filing through appeals, though the discovery process is left for our video-courses in discovery.

This is an introductory level course and no prior knowledge of law or the litigation process is required.

The course starts with an overview of the American court system, both on the state and federal levels. We’ll go over the separate systems, their roles and where they interact. We’ll also focus on the roles of the Supreme Court as the top of both systems for federal and constitutional issues. We also look at the questions of which courts to file in and which laws to apply – the questions of jurisdiction, venue and choice of law.

In module 2, we look at the pleadings: the complaint, answer, counterclaim, crossclaim, etc. We’ll examine the requirements of each of these documents and their elements. We’ll also look at the various types of motions that might be filed in response to pleadings.

Module 3 focuses on pre-trial practice. We’ll look at joinder of parties and joinder of claims. We’ll also look at the preclusion doctrines of res judicata and collateral estoppel, on which basis cases or claims can be dismissed as having been already litigated. We’ll look at class action lawsuits and their requirements. We’ll also focus on the filing, the summons and the service of process requirements to start a civil action. Finally, we’ll discuss impleaders and interpleaders, two other types of civil complaints.

Module 4 covers the trial process. We’ll focus on trial by jury and on the standards of proof and upon whom the burdens of proof rest. We’ll also go through the trial process itself, highlighting the federal rules that govern each step.

In the last module, we’ll look at the post-trial process. We’ll start with the motions that can be filed after the judgment, including motions for judgment notwithstanding the verdict, for new trial and for relief from judgment. Then, we’ll turn to the next step for a losing party: the appeal. We’ll use the Federal Rules of Appellate Procedure as the basis for our discussion of this process. Finally, we’ll briefly look at the execution and collection of judgments, though those are covered in more detail in other courses.

We hope that this course will be a springboard to allow you to take more specific LawShelf video-courses that cover the litigation process and that this survey will help you understand the American civil litigation process.

Subject:
Law
General Law
Material Type:
Lesson
Lesson Plan
Author:
Stephen Haas
Date Added:
12/11/2019
Basics of Contracts Law
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CC BY-NC-ND
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This is an introductory level course and no prior knowledge of law or contracts is required.

This course is a survey of basic contract law across a variety of areas. The first three modules cover the nature of contracts and the basic building blocks of contracts: offer, acceptance and consideration. The nuances of each element are considered, and the course focuses on rules such as the mirror image rule, the mailbox rule, mutuality of consideration and promissory estoppel. We also focus on the Uniform Commercial Code and its rules for contracts for the sale of goods.

In Module 4, we cover contract defenses, which allow contracts to be unenforceable despite the building blocks of the contract being in place. Defenses include illegality, incapacity, duress, unconscionability, undue influence, mistake and fraud. We will also look at the statute of frauds, which requires certain contracts to be in writing to be enforceable.

Our final module covers performance and breach, discussing when a contract has been breached and when one party’s breach allows the other party to cease performance. The module also covers contract remedies, which is the study of how contract damages are measured and when specific performance, where the court orders someone to do something, it an appropriate contracts remedy.

This course should give you an understanding of how contract law works the tools to continue with more advanced studies of more specific areas of contract and transactional law.

Subject:
Law
General Law
Material Type:
Lesson Plan
Teaching/Learning Strategy
Author:
Stephen Haas
Date Added:
12/11/2019
Basics of Criminal Law
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CC BY-NC-ND
Rating
5.0 stars

This video-course surveys crimes and their punishments under the state and federal justice systems in the United States. We’ll focus on the natures and elements of the most common crimes and criminal law defenses.

This is an introductory level course and no prior knowledge of law or criminal law is required.

We’ll start the course by looking at the reasons for punishing crime and the various states of mind that are necessary to establish criminal culpability. We’ll also look at constitutional limitations on criminal law, including due process and the “cruel and unusual punishment” prohibition. We’ll also look at the sources of criminal law, including state statutes, case law and the Model Penal Code.

In module 2, we’ll look at “inchoate” crimes, which are crimes that are punishable even if the criminal acts contemplated are never carried out or completed. These include conspiracy, attempt, solicitation, facilitation and incitement. We’ll also discuss the after-the-fact crime of obstruction of justice.

In modules 3 and 4, we’ll turn to discussions of specific crimes. In module 3, we’ll look at violent crimes, such as homicide, rape, assault and arson. In module 4, we’ll turn to financial crimes, including theft, robbery, burglary, extortion and forgery.

In our final module, we’ll turn to defenses to criminal charges. We’ll discuss the requirements and limitations to many of these. They include self-defense, defense of others, necessity, duress, consent, insanity, diminished capacity, mistake, infancy and entrapment.

When you complete this course, you should have a broad understanding of crimes and the framework on which our criminal justice system works. This will make more advanced courses, such as white-collar crime and those that discuss complex criminal laws such as securities fraud, easier to understand and apply.

Subject:
Law
General Law
Material Type:
Full Course
Lesson Plan
Teaching/Learning Strategy
Author:
Stephen Haas
Date Added:
12/11/2019
Basics of Environmental Law
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CC BY-NC-ND
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This course takes you through the federal laws and regulations that seek to protect our environment. It discusses landmark legislation such as the Clean Air Act, Clean Water Act and Endangered Species Act and looks at how these laws are administered by the Environmental Protection Agency.

This is an introductory level course and no prior knowledge of law is required.

We will start the course by looking at remedies for environmental damages that are available under the common-law and standard tort rules, few though they are. We will look at environmental lawsuits based on trespass, nuisance and negligent and strict liability tort causes of action. We will also look at anti—SLAPP laws that many states have passed to protect people who file lawsuits against big companies for environmental and other injuries.

Module two moves to air pollution control and the clean air act. We will look at the reasons behind the statute and what it covers. We’ll discuss the pollutants regulated by the act and the national ambient air quality standards, which are set by the EPA to protect the public health. We will also discuss the state, federal and cooperative regulatory structure under which air pollution controls are enforced.

Module three moves to clean water, focusing mainly on the Clean Water Act, also administered by the Environmental Protection Agency. This time, we will look at the national pollutant discharge elimination system, which regulates point sources that discharge pollutants into the waters of the United States. We will also look at wetlands protection, storm water runoff and other areas also controlled by clean water legislation.

Module four segues to a wide variety of other pieces of environmental legislation. These include the Toxic Substances Control Act, the Comprehensive Environmental Response Compensation and Liability Act, the Resource Conservation and Recovery Act and many others. We will look at the roles of each of these acts in the landscape of environmental regulation.

Our final module looks at the protection of public lands and wildlife, including the Endangered Species Act, wildlife protection legislation and public land conservation. We will focus specifically on the balancing tests that must be applied to ensure that economically viable use can be made of public and private lands while keeping damage to the environment minimal.

When you complete this course, you will understand the key pieces of environmental legislation and their roles in the comprehensive framework of environmental protection.

Subject:
Law
General Law
Material Type:
Full Course
Lesson Plan
Author:
stephen haas
Date Added:
12/11/2019
Basics of Federal Income Taxation
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CC BY-NC-ND
Rating
5.0 stars

This course provides an overview of how income is calculated and taxed on the federal level and helps prepare students for more advanced courses in taxation.

The first two modules focus on defining gross income. While the Internal Revenue Code describes income as being taxable from “whatever source derived,” it also devotes scores of statutes and regulations to illustrating what constitutes income. In Module 1, we’ll look at wages and business income, which employee fringe benefits are counted as income, capital gains, dividends, rents, royalties and others. Module 2 turns to income derived from annuities, pensions, social security, retirement account distributions and other sources. We’ll also survey the types of income specifically exempted by the Code as non-taxable.

Modules 3 and 4 turn to income tax deductions. In Module 3, we’ll look at personal deductions, which includes a discussion of the standard deduction and itemized deductions on Schedule A. We’ll also look at deductions and limits thereon for interest paid, state and local taxes, casualty losses and charitable contributions. In Module 4, we’ll look at deductions more relevant to businesses and business activities. These include costs of doing business, depreciation and amortization and other corporate and business deductions. We’ll also focus on the qualified business income deduction, a boon for small businesses under the Tax Cuts and Jobs Act of 2017.

In our final module, we’ll look at tax credits, which allow dollar-for-dollar setoffs of federal income tax. We’ll look at tax credits related to children and dependents, education credits, various other credits and the important “earned income tax credit,” which provides substantial tax benefits for low-income taxpayers. Finally, we’ll look at the alternative minimum tax (AMT), which ensures that high-income taxpayers pay at least a minimum level of income taxes in spite of their possible deductions.

When you complete this course, you will understand how federal income tax is assessed, what constitutes income and have a firm grasp of the most important federal income tax deductions and credits.

Subject:
Business and Communication
Finance
Law
Material Type:
Assessment
Full Course
Lecture
Date Added:
12/11/2019
Basics of Legal Ethics
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CC BY-NC-ND
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This course looks at the responsibilities of legal professionals (mainly lawyers) to defend their clients and to preserve the integrity of the justice system. While the course is mainly based on rules applicable to attorneys, non-attorney legal professionals who work with attorneys are also indirectly bound by them, as non-attorney misfeasance can bring severe consequences for supervising attorneys and organizations.

This is a beginner-level course and no prior knowledge of law or legal ethics is required.

The course starts with a discussion of admission to practice law. Module 1 covers the requirements for becoming a lawyer, including law school and the bar exam. We’ll also cover the consequences of attorney misconduct and the agencies who are in charge of enforcing the attorney ethics rules. We will also focus heavily on the unauthorized practice of law rules, which are relevant to non-attorneys and to attorneys licensed in other states.

In Module 2, we’ll start on the attorney-client relationship. We’ll discuss the duties owed to the client, including the duties of diligence, loyalty and competence. We will look at who the “client” is in the context of a corporate representation. We’ll then focus on which decisions the client makes in a representation and which decisions the lawyer makes. Finally, we’ll cover the duty of confidentiality and the related attorney-client privilege and work-product doctrines.

Module 3 turns to the duties owed to others, including the court, opposing counsel and even to other parties. We’ll discuss the duty of candor to the court and the prohibition against ex parte communications with the judge. In discussing communications with third parties, we’ll distinguish between represented and unrepresented parties and discuss the steps that must be taken to avoid giving off the wrong impression about the attorney’s loyalty. We’ll also cover special responsibilities owed by prosecutors.

In Module 4, we’ll turn to the conflict of interest rules, which are components of the duty of loyalty. We will look at the different rules that apply to current client conflicts and former client conflicts. We’ll also cover conflicts of interest that come from other sources, such as business and family relationships.

In our final module, we’ll look at the business of lawyering. We’ll cover the rules of attorney’s fees and the limits thereon and the rules for client solicitations and advertising. We’ll also look at the problems of fee-splitting and partnerships with other lawyers and with non-lawyers.

This course should give you a solid foundation in the rules of legal ethics and we hope you’ll also take advantage of our other law-based courses.

Subject:
General Law
Material Type:
Assessment
Full Course
Lesson
Author:
Stephen Haas
Date Added:
12/11/2019
Building Legal Literacies for Text Data Mining
Unrestricted Use
Public Domain
Rating
0.0 stars

For those learning about fair use, this is a specific example of how fair use may be used in research for text data mining. The book also explores basic copyright and fair use more generally, as well as the specifics of text data mining.
From the "about" section of the book:

"This book explores the legal literacies covered during the virtual Building Legal Literacies for Text Data Mining Institute, including copyright (both U.S. and international law), technological protection measures, privacy, and ethical considerations. It describes in detail how we developed and delivered the 4-day institute, and also provides ideas for hosting shorter literacy teaching sessions. Finally, we offer reflections and take-aways on the Institute."

Subject:
Information Science
Law
Material Type:
Reading
Provider:
U.C. Berkeley
Author:
Beth Cate
Brandon Butler
Brianna L
Courtney Brianna L Schofield
Courtney Glen Worthey
David Bamman
Maria Gould
Megan Senseney
Scott Althaus
Thomas Padilla
Date Added:
10/29/2021
Business Operating Agreements
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CC BY-NC-ND
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0.0 stars

This course de-constructs the process of preparing agreements that govern businesses, including corporations, LLCs and partnerships. We will go through the purposes of business governing agreements, discuss how to start the process and focus on ensuring that agreements satisfy the business’ needs and comply with applicable law.

This course is an intermediate level course that builds on the basics of business forms. It is recommended that users take this course after taking the Business Organizations video-course unless the user has background in the rules of business organizations.

The course starts with discussion of business governing agreements and their roles in establishing businesses. We will discuss the differences between various business forms and the types of agreements that are necessary or useful for each of them.

In module two, we will look at essential provisions of most business agreements. Provisions relating to organizational purpose, ownership structure and management information are common to all businesses, though the structure of ownership and management depends heavily on the business’ form. We also look at common provisions such as those relating to financial affairs, dissolution, capital accounts and record-keeping.

In module three, will turn to the effects of state law on governing agreements. While companies have broad discretion to determine the contents of their governing agreements, they must comply with state restrictions on management, timing and other requirements. We also look at the variances between state laws applying to corporations, partnerships and LLCs.

Module four looks at governing agreements’ roles in modifying or enforcing fiduciary responsibilities of the managers. We will discuss these responsibilities and the extent to which they can be modified by agreement. We also look at indemnification, lawsuit barriers and restrictive clauses that seek to limit the liabilities of managers.

Finally, the last module is a practical exercise. We’ll look at a sample corporation’s use of template provisions and show how they should be modified to allow the company maximum flexibility and ensure compliance with state law. We’ll look at several examples of how to re-draft template provisions that might be ineffective or inefficient with regard to a particular business enterprise.

Subject:
Law
General Law
Material Type:
Full Course
Lesson
Lesson Plan
Author:
Stephen Haas
Date Added:
12/11/2019
Business Organizations
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CC BY-NC-ND
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0.0 stars

In this course, we’ll introduce you to the wide array of business forms, discuss how to create specific business entities, and explain the benefits and pitfalls of each type of business organization. This is an introductory level course and no prior experience or knowledge of business law is necessary.

A business organization is an entity formed to advance a commercial enterprise. It can be formed by one person or multiple people. We interact with businesses daily and they drive our nation’s economy.

This course begins by discussing the types of business entities and the state and federal laws that impact business formation. We will spend much of our time describing the factors an entrepreneur should consider prior to forming a business, such as liability, ownership, costs, taxation and transferability of ownership interests.

We will then move to specific entities, starting with partnerships. We will discuss the benefits of partnership formation and consider the categories of partnerships before explaining partners’ rights and duties to one another and to the partnership.

In the next part of the course, we will focus on corporations. We’ll start with closely held corporations, including the “S corporation,” which is a pass-through entity for tax purposes. We’ll consider the process of incorporation and we will use examples to illustrate the advantages and disadvantages of the corporate form.

In the latter half of our course, we’ll explore larger business organizations. We’ll discuss publicly traded companies, including the process of going public. We’ll also focus on how large corporations are managed and the roles of shareholders, directors and officers of a corporation. We will conclude by looking at limited liability companies, focusing on their benefits over other business forms and their operations.

Subject:
Law
General Law
Material Type:
Assessment
Full Course
Lesson
Lesson Plan
Author:
Stephen Haas
Date Added:
12/11/2019
CLOUD COMPUTING: ESTRATEGIAS PARA ADOPTAR CLOUD COMPUTING EN MICRO, PEQUEÑAS Y MEDIANAS EMPRESAS.
Conditional Remix & Share Permitted
CC BY-SA
Rating
0.0 stars

DEBIDO A QUE ACTUALMENTE SE ENCUENTRA EN REVISIÓN LA TESIS, EL DOCUMENTO ES PRIVADO POR EL MOMENTO,
PRÓXIMAMENTE SE DARÁ MAS INFORMACIÓN. GRACIAS.

La Tecnología de la Información (TI) siempre ha sido considerada un punto importante en las organizaciones empresariales, desde la perspectiva de los costos y de gestión. Es parte integral de la tecnología y los modelos de negocio de las empresas y las ha obligado a adaptarse a las nuevas estrategias de tecnología. Con los avances de infraestructura en la tecnología de la información y la comunicación, los nuevos modos de programación y los nuevos modelos en su uso; han llegado también nuevas formas de denominar los servicios de Internet. Factores como la mercantilización de hardware, software de código abierto, la virtualización, la globalización de la fuerza de trabajo y los procesos ágiles de TI han apoyado el desarrollo de nuevos modelos de tecnología y negocios. La computación en nube o Cloud Computing ofrece a las organizaciones más opciones en cuanto a cómo gestionar las infraestructuras, ahorrar costes, trabajar en equipo remotamente y delegar responsabilidades a proveedores de servicios Cloud o terceros, sin que los usuarios tengan que tener ningún conocimiento de la infraestructura que hay detrás.

La mayoría de las empresas se esfuerzan por reducir su coste del área de TI a través de los medios de virtualización. Esta demanda de reducir el costo ha dado lugar a la innovación de la computación en nube, ya que ofrece una reducción en los costos de administración así como reducción de costos de infraestructura. Los grandes beneficios del Cloud Computing permiten la adquisición de recursos computacionales de manera rápida, flexible y con un menor costo de implementación para los usuarios o empresas y es rentable para los proveedores, pues a pesar de presentar algunos riesgos, el poder trabajar con este nuevo tipo de tecnología permite al usuario ahorrarse tanto licencias, como la administración de servicios y de los equipos necesarios. Además de beneficios en términos de costo, el Cloud Computing puede presentar beneficios de seguridad ya que brinda a las empresas normas y estándares de seguridad de los más altos niveles internacionales. Incluso presenta beneficios ambientales y sociales. Todo gracias a la arquitectura conformada por los modelos con los cuales trabaja el Cloud Computing, denominadas por sus siglas: SaaS, PaaS e IaaS, las cuales corresponden al software, plataforma e infraestructura como servicios respectivamente.

El Cloud Computing se encuentra todavía en una etapa infantil y es una nueva tecnología para las micro, pequeñas, medianas o nuevas empresas. Existen pocas guías y marcos para una óptima adopción, la mayoría de ellos no se encuentran en la lengua española o no engloban todos los factores y cuestiones necesarias para generar confianza en esta tecnología. Por lo tanto, la mayoría de las empresas no están muy seguras en adoptar la tecnología. La presente tesis aborda el problema de confianza en la adopción y se discuten y analizan las barreras que se pueden presentar al adoptar la computación en nube en una empresa. Se presentan una serie de estrategias, una hoja de ruta y un marco que servirán como una guía para enfrentar los desafíos, cuestiones o factores en términos de costo, seguridad, confidencialidad, confianza, cumplimiento normativo, cumplimiento legal y cumplimento-TI, así como los factores organizacionales/humanos. En esta tesis se detallan exhaustivamente todos los temas referentes al Cloud Computing desde sus antecedentes, evolución, arquitectura, tecnología, modelos de negocio, modelos de servicio, modelos de despliegue, proveedores del servicio, etc. y así se logre un profundo entendimiento del paradigma de computación en nube. La metodología fue realizada siguiendo los lineamientos de diferentes estándares, normas, protocolos, estándares, certificados y mejores prácticas internacionalmente reconocidas respecto a la seguridad de la información en un entorno de TI ó enfocadas a entornos de Cloud Computing como: ISO/IEC 27001, ISO/IEC 27002, COBIT, ITIL, KMIP, TLS/SSL y CCSK. Esto logra una metodología con procedimientos adecuados para la adopción de Cloud Computing en las micro, pequeñas y medianas empresas que ya adoptan servicios de nube o están interesados en su adopción.

Palabras clave: Computación en Nube, Cloud Computing, SaaS, IaaS, PaaS, Costo, Cumplimiento, Seguridad, Confidencialidad, Confianza, Micro, Pequeñas y Medianas Empresas, Adopción, Estrategias.

Subject:
Business and Communication
Career and Technical Education
Education
Law
General Law
Material Type:
Reading
Author:
Jose Carlos Villalobos
Date Added:
01/26/2017