Financing Land Transactions
Prof. Rex Zedalis
Coursebook: Nelson, Whitman, Burkhart, Freyermuth, Real Estate Transfer, Finance, and Development, Cases and Materials (8th ed.).
We will be covering 20 pages per class session.
Read the following pages from the following Chapters in the following order.
Chapter 3: 272-87, 294-318, 325-330, 340-46, 348-58;
Chapter 4: 358-68, 392-396, 407-24, 424-34;
Chapter 8: 911-30, 951-78;
Chapter 5: 447-581;
Chapter 6: 586-618, 621-843;
Chapter 7: 843-889, 893-910.
International Business Transactions
Course book: Jackson, Davey and Sykes, Legal Problems of International Economic Relations
(6th ed.) + Documentary Supplement
We will begin the first class session by covering pp. 70-82 of the course book. Please come prepared to discuss.
CLASS ASSIGNMENTS Fall 2013
CLASS # – Class Dates – Assignments: Text
1 – August 26
2 – August 28
3 – September 4
Venue/Appellate Jurisdiction/Jury Trial;
4 – September 9
5 – September 11
Lien Avoidance/Planning/Asset Protection;
6 – September 16
7 – September 18
Priority Claims/Administrative Claims/Discharge;
8 – September 23
Nondischargeable Debt/Protection of Discharge;
9 – September 25
Stays and Injunctions;
10 – September 30
11 – October 2
12 – October 7
13 – October 9
14 – October 14
15 – October 16
16 – October 21
pp. 396-418 (Pat Malloy)
17 – October 23
Insider Preferences/Lien Avoidance;
18 – October 28
Consumer Bankruptcy: Chapter 7;
19 – October 30
Consumer Bankruptcy: Chapter 7/13;
20 – November 4
Consumer Bankruptcy: Chapter 13;
pp. 524-548 (Lonnie Eck/Lisa Bryant)
21 – November 6
22 – November 11
Chapter 11: Intro/Management/Adequate Protection;
23 November 13
Chapter 11: Operating Business;
24 November 18
Chapter 11: Sales/Proposing the Plan;
25 – November 20
Chapter 11: Acceptance/Impairment/Classification;
26 – November 25
Chapter 11: Feasibility/Treatment of Claims;
27 – December 2
Chapter 11: Treatment of Claims;
28 – December 4
Chapter 11: New Value/Effect of Confirmation;
December 14 Final Exam; 9:00 a.m.
In this class we will be using my book entitled, International Energy Law: Rules Governing Future Exploration, Exploitation and Use of Renewable Resources (2000).
We will proceed by dealing with problems and associated materials I hand out each class session. The problems should be answered by reading the pages noted at the top of the handouts and materials either attached thereto or otherwise referenced and readily available on the web.
The first class session I will introduce the subject of the course and hand out problem set #1.
Assignment for Monday, August 26, 2013:
Please read pp. 1-10
UNIVERSITY OF TULSA
COLLEGE OF LAW
IMMIGRANT RIGHTS PROJECT
Seminar Meeting Times
Boesche Legal Clinic Conference Room
Professor Contact Information
Professor Elizabeth McCormick
Office: Boesche Legal Clinic 1123
Office Phone: 631-5796
Cell Phone: 809-4001
Course syllabus and materials, and assignments for the first class have been distributed to all
students at your utulsa.edu email addresses. Hard copies are also available for pick up in the
legal clinic during regular business hours (Mon-Fri 8am – 5pm).
Syllabus and course materials are available on TWEN; please register for the course on the TWEN site.
DECEDENTS’ ESTATES AND TRUSTS
I. Class Rules and Information
A. I reserve the right to adjust grades downward for any student who has more than two (2) unexcused absences. Requests for excused absences shall be presented by email or in writing prior to the absence if circumstances reasonably permit. If the absence results from an emergency or a last-minute illness, the request should be made by email or in writing upon returning to class.
B. Class preparedness and participation may be counted as a factor in each student’s final grade at my discretion.
C. I will gladly talk and/or meet with any student either at the law school or at my office. Feel free to call me at any time to talk about the class or to set up a meeting.
D. The final examination will be given on Wednesday, December 11, 2013 at 9:00 a.m. It will be a closed book exam and you will have three hours to complete the exam.
II. Course Assignments:
See attached Assignment Sheet. Chapters 11, 13 and 15 will be omitted.
III. Required Book
Dukeminier & Sitkoff, Wills, Trusts, and Estates, (Wolters Kluwer, Ninth Ed. 2013)
IV. Recommended Book
Reutlinger, Wills, Trusts, and Estates: Essential Terms and Concepts (Wolters Kluwer, Second Ed. 1998)
V. Reference Books in the Library:
McGovern, Kurtz & English, Trusts and Estates, (4 th Ed.), (West 2010)
Huff, Oklahoma Probate Law and Practice (3rd Ed.) (West 2011)
Coffman & Jones, Oklahoma Estate Planning, Will Drafting and Estate Administration Forms-Practice, (Matthew Bender 2006)
Atkinson, Law of Wills, (West, 2nd Ed. 1953)
Bogert, Trusts, (West, Sixth Ed. 1987)
Bogert, Trusts & Trustees, (West, Rev. 2nd & 3rd Ed. 2014)
Scott and Ascher, The Law of Trusts, (Aspen Publishers, Fifth Ed. 2012)
Mennell, Wills and Trusts, (West, 4th Ed. 2012) NS
Waggoner, Estates in Land and Future Interests, (West, 4th Ed. 2011) NS
Lynn, Introduction to Estate Planning, (West, 5th Ed. 2004) NS
American Law Institute, Restatement (Third) Trusts (2003)
American Law Institute, Restatement (Third) Property (Wills and Other Donative Transfers) (2003)
Uniform Probate Code, (2010)
Uniform Trust Code, (2010)
2013 FALL CLASS ASSIGNMENTS
8-27 Ch.1 pp. 1-34
8-29 Ch.1 pp. 35-62
9-3 Ch.2 pp. 63-91
9-5 Ch.2 pp. 91-126
9-10 Ch. 3 pp. 127-160
9-12 Ch.3 pp. 161-196
9-17 Ch.3 pp. 196-229
9-19 Ch.3 pp. 229-263
9-24 Ch.4 pp. 265-299
9-26 Ch.4 pp. 300-326 & Ch. 5 pp. 327-332
10-1 Ch.5 pp. 332-367
10-3 Ch.5 pp. 367-384 & Ch. 6. Pp. 385-400
10-8 Ch.6 pp. 400-434
10-10 Ch.7 pp. 435-469
10-15 Ch.7 pp. 469-510
10-17 Ch.8 pp. 511-545
10-22 Ch.8 pp. 545-577
10-24 Ch.9 pp. 579-611
10-29 Ch.9 pp. 611-646
10-31 No Class
11-5 Ch.9 pp. 646-685
11-7 Ch.10 pp. 687-717
11-12 Ch.10 pp. 717-742
11-14 Ch.12 pp. 795-824
11-19 Ch.12 pp. 825-832 & Ch. 14 pp. 877-901
11-21 Ch.14 pp. 901-917
11-26 No Class
Agency Partnership Syllabus
College of Law Educational Mission & Learning Goals
The College of Law has adopted a Mission Statement and Learning Goals designed to enable it to achieve its mission. Please use the following link to see the Mission Statement and its accompanying Learning Goals.
Agency-Partnership Law Learning Goals & Outcomes
The Agency-Partnership class is designed and organized to provide students with learning opportunities that further the achievement of the following College of Law Learning Goals.
* Knowledge of Substantive Law Necessary to Effective & Responsible Participation in the Legal Profession;
* Competency in Legal Analysis, Reasoning and Problem Solving.
Agency-Partnership Law is an extremely important foundational course for learning and understanding business law. Through Socratic dialogue, group process, strategic lectures, problem-solving exercises in class, students will be presented with learning opportunities to:
Develop familiarity with the organization, structure and wording of the: (1) Restatement (Second) & (Third) of Law of Agency; (2) Uniformed Partnership Act (UPA); (3) Revised Uniformed Partnership Act (RUPA); and (4) Uniform Limited Liability Companies Act (LLC)
Restatement (Second) & (Third) of Law of Agency
* What is an “agency”? How is an agency relationship formed? What are the default rules for agency?
* Definitions and Terminology as they relate to the applicability of the agency rules of resolution
* Liability of Agent to third parties
* Liability of Principal to third parties
* Agent’s duty of loyalty
* Termination of the agency relationship
UPA and RUPA
* What constitutes a general partnership
* How a partnership is formed
* The role of agency law in the formation and management of a partnership
* Partnership and individual partner liability to third parties
* Property and managerial rights of a partner
* Dissociation and dissolution of a partnership
Uniform Limited Liability Company Act
Introduce students to the process and intricacies of the law of Agency and Partnerships through careful study of case law and state statutes.
Teach students to think critically and learn to read and analyze legal material carefully and with great attention to crucial detail.
The degree to which students learned important Agency-Partnership law and attained competency in Agency-Partnership analysis, reasoning, and problem-solving as a result of taking Agency Partnership will be measured by student performance on one graded fact-patterned essay exam. The exam will be comprehensive. It is not possible to cover all the important substantive agency-partnership principles in a single exam. Therefore, the measurable learning outcomes in Agency Partnership will be knowledge of those Agency-Partnership doctrines and principles listed above that are actually covered by the exam and competency in Agency-Partnership Analysis, Reasoning, and Problem-Solving.
Policies and Procedures
Melvin Aron Eisenberg, An Introduction To Agency, Partnerships, And LLCs (6th ed. 2006).
Office: (918) 631-2444
Mon/Wed. 9:00 a.m.- 12:30p.m.
and through appointments.
I insist on regular attendance, preparation and class participation in the Agency-Partnership course. In order to be allowed to complete the course, take the final exam and receive credit for the course, you must not miss more than 5 scheduled classes.
To effectuate this Attendance Policy, the following procedures will be observed:
A. Attendance will normally be taken by me using the seating chart. If a student arrives after class has begun, such tardiness will be deemed equivalent to an absence.
B. Any student who accumulates 6 or more absences during the semester will be dismissed from the course, not permitted to take the final exam and will not receive credit for the course. However, exception may be made for someone who encounters some emergency or other disaster and has not already used up absences for frivolous reasons. I will not speculate as to what is or is not a good excuse or a sufficiently devastating emergency, disaster, illness or crisis. Students wishing to be excused for such reasons should be prepared to present appropriate documentation for such absence.
I insist that students be on time to class. Tardiness will not be tolerated. You may not come to class if tardy, unless your lateness was the result of an unforeseen event beyond your control and you contacted me via telephone immediately after realizing that the event will impede your ability to arrive on time. If I am not available you must leave a message stating your name and reason for being late on my voice mail.
A student who has complied with the above process and arrives less than 30 minutes late to class should contact me immediately after class to discuss whether the tardy will be excused or treated as an unexcused absence.
I will randomly call on students throughout the class session. If you are called on and you pass because you are not prepared or your answer reflects significant lack of preparedness, you will be counted absent for that day and your attendance adjusted accordingly.
Policy on Tape Recording:
Tape recording the class is PROHIBITED.
Conduct of Class:
Please turn off all cell phones, pagers, blackberries, iPhones and two-way communicative devices during class. You should not use your computer during class to surf the web, play solitaire or other computer games, visit chat rooms, or engage in any conduct which would be offensive to a person of reasonable sensibility.
* I Reserve The Right To Modify This Syllabus*
You are responsible for printing and bringing to class a copy of all the cases listed on the syllabus. After we have exhausted the materials on the syllabus, we will turn to the casebook. Once we begin using the casebook, the class assignment is to read 25 pages from where we stopped in the previous class for the next class.
Date, Assignment, and Page:
Tuesday, Aug. 27 – Restatement 3d § § 1.01, 1.02, 1.03, 1.04 – 258-259
Demian, LTD v. Charles A. Frank Assoc.,
671 F.2d 720; Colony Associates v. Fred L. Clapp
& Co., 300 S.E.2d 37 (N.C. App. 1983).
Thursday, Aug. 29, Restatement 2d § § 1, 2, 3, 4, 223-224
House v. Boylan, 186 Ok. 124 (Okl. 1939);
Commission on Ecumenical Mission v. Roger Gray,
267 N.E.2d 467 (N.Y. 1971).
Tuesday, Sept. 3, Restatement 2d. § 4; Restatement 3d 1.04 (2) (a)-( c )
Dimensions Graphic v. Jacobson, 994 P.2d 658
(Kan. Ct. App. 2000);
Restatement 2d § § 336, 337 245
Restatement 3d § 6.09 300
Thursday, Sept. 5 , Seigworth v. State, 91 Nev. 536 (1975)
Restatement 2d § § 320-322 242-243
Restatement 3d § § 6.01-6.04 291-297
Rowen & Blair Electric Co. v. Flushing Operating
Corp. 239 N.W.2d 633 (Mich. 1976)
Restatement 2d § § 144, 159, 160, 161, 161A
186, 194, 195A 236-238
Tuesday, Sept. 10 Authority CASEBOOK 1-6
Restatement 2d § 140 235
Restatement 2d § 143 235
Restatement 2d § § 7, 8, 8A 8B 224-225
Restatement 2d § § 49, 82-99 229-233
Hamilton Hauling v. GAF, 719 S.W.2d 841
(Mo. App. 1986)
Tedesco v. Gentry Dev. Corp., 540 So.2d 960
R. 3d § 3.02 275
Thursday, Sept. 12 CASEBOOK 7-19
Agent’s duty of loyalty 20-28
Robinson v. F.W. Morse & Co., 1994 Me. Super.
Tuesday, Sept. 17 Hinson v. Cameron, 1987 Ok. 49
Lane Mortgage Co. v. Crenshaw, 269 P. 673
Restatement 3d § § 3.12-3.13 276-284
Restatement 2d § § 138-139 234-235
Thursday, Sept. 19 Start reading from the casebook pages 31-56
Read 25 pages from where we stop in class for remainder of semester.
Federal Indian Law
Required text: Anderson, et al, American Indian Law (2d ed. 2010)
Supplemental materials on TWEN
Highly recommended: Canby, Indian Law in a Nutshell (5th ed. 2009)
Syllabus is available on TWEN; please register for the course on the TWEN site
Monday, Aug. 26: Casebook, pages 1-13 and 356-359
Recommended: Nutshell, pages 1-3, 9-11
Wednesday, Aug. 28: Casebook, pages 15-44
Recommended: Nutshell, pages 12-19
Professor of Law
Co-Director, Native American Law Center
University of Tulsa College of Law