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Charles B. Sears Law Library SUNY Buffalo Law School

Gilbert Law Summaries: Law School Legends on Audio CD

Gilbert CDs circulate for seven days on a first-come-first-served basis. If you have any questions please consult the Koren AV Center located on the 5th floor of The Law Library at (716)645-2045.

PDF file that can be printed out and/or saved.

ADMINISTRATIVE LAW

Dean Patrick J. Borchers. 2005. 9 copies
Law Koren KF 5402 .B67 2005
4.5 hour lecture, 33 page handout

Disc 1:

Agencies
Administrative Procedure Act
Procedural Due Process
Administrative Adjudication

Disc 2:

Administrative Adjudication (continued)
Rulemaking

Disc 3:

Agency Information Gathering
External Controls on Agencies

Disc 4:

Judicial Review
Exam Approach

Disc 5:

CD-ROM Administrative Law Handout in PDF format

Return To Table of Contents

AGENCY & PARTNERSHIP

Michael J. Kaufman. 2008. 4 copies
Law Koren KF 1345 .K38 2008
3 hour lecture, 9 page handout

Disc 1:

AGENCY: Respondeat Superior, Liability of a Principle to a Third Party

Disc 2:

AGENCY: Respondeat Superior, Liability of a Principle to a Third Party (continued)
PARTNERSHIP: General Partnership Formation; Liabilities of Partners to Third Parties

Disc 3:

PARTNERSHIP: Rights and Liabilities between Parties; Dissolution

Disc 4:

CD-ROM Agency and Partnership Handout in PDF format

Return To Table of Contents

CIVIL PROCEDURE

Dean Richard D. Freer. 2009. 10 copies
Law Koren KF 8840 .F698 2009
10 hour lecture, 12 page handout

Disc 1:

Introduction
Personal Jurisdiction
Constitutional Limitations

Disc 2:

Long-Arm Statutes
In-Rem, Quasi-In-Rem Jurisdiction
Notice and Opportunity to Be Heard
Constitutional Standard
Opportunity to Be Heard

Disc 3:

Subject Matter Jurisdiction
Diversity of Citizenship
Federal Question
Supplemental Jurisdiction
Removal from State Court

Disc 4:

Venue
Basic Provisions
Transfer of Venue
Forum Non Conveniens
Challenging Forum Selection
Erie Doctrine

Disc 5:

Pleadings
Rule 11
Complaint & Defendant's Responses
Amending Pleadings

Disc 6:

Joinder
Permissive and Required Party Joinder
Counterclaims and Crossclaims
Proper Parties
Necessary and Indispesable Parties
Impleader

Disc 7:

Intervention
Interpleader
Class Actions

Disc 8:

Discovery
Pretrial Adjudication
Voluntary, Involuntary Dismissal
Failure to State Claim Summary Judgement
Summary Judgement

Disc 9:

Right to Jury Trial
Selection of the Jury
Post Trial Motions

Disc 10:

Appeal
Preclusion Doctrine
Claim, Issue Preclusion

Disc 11:

CD-ROM Civil Procedure Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

CIVIL PROCEDURE

Dean Richard D. Freer. 2005. 10 copies
Law Koren KF 8840 .F698 2005
9 hour lecture, 25 page handout

Disc 1:

Personal Jurisdiction

Disc 2:

Personal Jurisdiction (continued)
Long-Arm Statutes
In-Rem, Quasi-In-Rem Jurisdiction
Notice and Opportunity to Be Heard

Disc 3:

Subject Matter Jurisdiction

Disc 4:

Subject Matter Jurisdiction (continued)
Venue
Challenging Forum Selection

Disc 5:

Erie Doctrine
Pleadings

Disc 6:

Pleadings (continued)
Joinder

Disc 7:

Joinder (continued)

Disc 8:

Discovery
Pretrial Adjudication

Disc 9:

Trial and Related Motions
Appeals

Disc 10:

Preclusion Doctrine

Disc 11:

CD-ROM Civil Procedure Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

COMMERCIAL PAPER

Michael I. Spak. 2005. 3 copies
Law Koren KF 957 .S73 2005
3 hour lecture, 7 page handout

Disc 1:

Definitions – Note, Draft, Endorsement
Holder in Due Course Rule

Disc 2:

Holder in Due Course Rule (continued)
Holder v. Indorser
Holder v. Drawee

Disc 3:

Drawee v. Drawee
Bank Recovery
Accord and Satisfaction
Lost, Destroyed, or Stolen Instruments
Art. 7 and 8 UCC
Sample Questions

Disc 4:

CD-ROM Commercial Paper Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

CONFLICT OF LAWS

Dean Patrick J. Borchers. 2008. 4 copies
Law Koren KF 411 .B67 2008
5 hour lecture, 18 page handout

Disc 1:

Introduction
Domicile
Subject Matter Jurisdiction - Diversity, Federal Question, Removal, Abstention Doctrines

Disc 2:

Subject Matter Jurisdiction (continued) – Abstention Doctrines
Jurisdiction Over Parties – Domicile, Consent, Minimum Contacts, Family Law Rules
Jurisdiction over Property
Special Federal Statutes
Service of Process and Notice

Disc 3:

Venue – Forum Non Conveniens, Forum Selection
Choice of Law – Horizontal, Vertical
Basic Concepts
Choice of Law Theories

Disc 4:

Application in Specific Areas
Defenses against foreign law
Constitutional Limitations

Disc 5:

Federal-State Conflicts
Recognition and Enforcement of Other States' Judgments and Foreign Judgments
Exam Approach Disc 6:

CD-ROM Conflict of Laws Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

CONSTITUTIONAL LAW

Dean John C. Jeffries, Jr. 2005. 8 copies
Law Koren KF 4550 .J44 2005
4 hour lecture, 52 page handout

Disc 1:

Marbury v. Madison and Judicial Review

Disc 2:

The Commerce Clause and Federal Legislative Power

Disc 3:

The Rise and Fall and Rise of Substantive Due Process

Disc 4:

Equal Protection

Disc 5:

Introduction to the First Amendment

Disc 6:

CD-ROM Constitutional Law Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

CONTRACTS

David Epstein. 2005. 8 copies
Law Koren KF 801 .E67 2005
5 hour lecture , 10 page handout

Disc 1:

Introduction
Article II
Contract Formation - Offer, Acceptance

Disc 2:

Contract Formation (continued) – Acceptance, Rejection, Capacity, Duress, Misrepresentation, Mistake, Ambiguity, Illegality, Public Policy, Unconscionability

Disc 3:

Contract Formation (continued) – Statute of Frauds, Consideration
Terms – Parol Evidence Rule

Disc 4:

Contract Formation (continued) – Parol Evidence Rule
Performance – Excuse of Non-Performance
Remedies – Specific Performance, Punitive Damages, Liquidated Damages, Avoidable Damages

Disc 5:

Remedies (continued) – Expectation Damages, Consequential Damages
Third Parties – Third Party Beneficiary, Assignment, Delegation

Disc 6:

CD-ROM Contracts Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

Roger E. Schechter. 2005 & 2002. 10 copies
4.5 hour lecture, 25 page handout

Disc 1:

Justification for a Copyright System
Constitutional and Statutory Framework
Fixation and Originality Requirements
Idea / Expression Distinction

Disc 2:

Protected Works – Literary, Pictorial, Graphic and Sculptural Works, Musical Works and Recordings, Compilations, Derivative Works

Disc 3:

Ownership and Joint Authorship
Duration and Renewal
Transfers and Termination of Transfers

Disc 4:

Transfers and Termination of Transfers (continued) – Renewal Transfers and Derivative Works
Publications and Formalities - Notice, Registration, Archival Deposit, Foreign Works
Rights of the Copyright Holder – Reproduction Rights

Disc 5:

Rights of the Copyright Holder (continued) – Adaptation, Distribution, Performance and Display, Performing Rights Societies
Exotic Rights in the Copyright Statute

Disc 6:

Exotic Rights in the Copyright Statute (continued) – Copyright Management Information
Infringement
Fair Use
Remedies
State Claims and Pre-Emption

Disc 7:

CD-ROM Copyright Law Handout in PDF format

Return To Table of Contents

CORPORATIONS

Therese H. Maynard. 2006. 13 copies
Law Koren KF 1414 .M39 2006
8 hour lecture, 24 page handout

Disc 1:

Formation of Corporations

Disc 2:

Formation of Corporations (continued)
Issuance of Stock
Role of Directors and Officers

Disc 3:

Role of Directors and Officers (continued)

Disc 4:

Role of Shareholders

Disc 5:

Role of Shareholders (continued)

Disc 6:

Role of Shareholders (continued)
Fundamental Corporate Changes

Disc 7:

Fundamental Corporate Changes (continued)
Securities Law

Disc 8:

Securities Law (continued)

Disc 9:

CD-ROM Corporations Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

CRIMINAL LAW

Charles H. Whitebread. 2005. 11 copies
Law Koren KF 9219 .W45 2005
4 hour lecture, 15 page handout

Disc 1:

Exam Tactics
Jurisdiction
Mental States
Accomplice Liability
Inchoate Crimes – Solicitation, Conspiracy, Attempt
Defenses

Disc 2:

Defenses (continued)
Common Law Crimes – Battery, Assault, Homicide, Common Law Murder, Manslaughter, First Degree Murder, Felony Murder, Kidnapping, Rape, Property Offenses

Disc 3:

Common Law Property Offenses (continued)
Offenses Against Habitation
Review of Topics

Disc 4:

Mental States
Accomplice Liability
Attempt
Impossibility
Intoxication
Self-Defense
Duress
Entrapment
Homicide
Felony Murder
Property Crimes

Disc 5:

CD-ROM Criminal Law Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

CRIMINAL PROCEDURE

Charles H. Whitebread. 2005. 8 copies
Law Koren KF 9219 .W453 2005
4 hour lecture, 16 page handout

Disc 1:

Incorporation
Exclusionary Rule
Arrest
Search and Seizure
Standing
Warrants

Disc 2:

Warrantless Search
Wiretapping
Confessions
Miranda Warnings
Pretrial

Disc 3:

Pretrial (continued)
Trial
Sentencing
Death Penalty
Double Jeopardy
Self-Incrimination

Disc 4:

Exclusionary Rule
Arrest
Search and Seizure
Miranda Warnings
Grand Jury
Death Penalty
Immunity

Disc 5:

CD-ROM Criminal Procedure Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

EDUCATION LAW

Michael Kaufman. 2008. 4 copies
Law Koren KF 4119 .K38 2008
4 hour lecture, 35 page handout

Disc 1:

Introduction
The Structure of Education Law
Constitutional Rights and Protections Regarding the Free Exercise of Religion in Schools
Constitutional Rights and Protections Regarding the Prohibition on the Establishment of Religion
Constitutional Rights and Protections Regarding Freedom of Speech in Schools

Disc 2:

Constitutional Rights and Protections Regarding Searches and Seizures in Schools
Constitutional Rights and Protections Regarding Due Process
Constitutional Rights and Protections Regarding Educational Funding Equity

Disc 3:

Constitutional Rights and Protections Regarding Racial Equality in Education

Disc 4:

Constitutional and Statutory Rights and Protections Regarding Gender Equality in Education
Constitutional Power to Regulate Education
Statutory Rights and Protections Regarding Special Education
Statutory Rights and Protections Regarding Student Privacy
Constitutional Rights and Protections for Teachers
Mini Review

Disc 5:

CD-ROM Education Law Handout in PDF format

Return To Table of Contents

EVIDENCE

Faust F. Rossi. 2005. 13 copies
Law Koren KF 8935 .R67 2005
7 hour lecture, 19 page handout

Disc 1:

Relevance – Logical, Discretionary

Disc 2:

Relevance (continued) – Character Evidence

Disc 3:

Character Evidence (continued)
Documentary Evidence – Authentication, Best Evidence Rule
Witnesses

Disc 4:

Witnesses (continued)
Opinion and Expert Testimony

strong>Disc 5:

Credibility and Impeachment of Witnesses

Disc 6:

Privileges – Attorney-Client, Physician-Patient, Spousal
Hearsay – Exceptions

Disc 7:

Exceptions to Hearsay (continued)
Sixth Amendment

Disc 8:

CD-Rom Evidence Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

FAMILY LAW

Roger E. Schechter. 2002. 5 copies
Law Koren KF 505 .S34 2002
4 hour lecture, 21 page handout

Disc 1:

Pre-nuptial Agreements
Out-of-Wedlock Children
Paternity Proceedings
Marriage – Capacity

Disc 2:

Marriage (continued) – Capacity, Ceremonial, Common Law, Putative Spouse
Consequences of Being Married
Termination of Marriage

Disc 3:

Termination of Marriage (continued) – Annulment, Grounds, Divorce, Fault, Divorce, Defenses, No-Fault Grounds

Disc 4:

Termination of Marriage (continued) – Legal Separation
Procedural Issues
Economic Issues – Separation Agreements, Temporary Orders, Alimony

Disc 5:

Economic Issues (continued) – Property Division, Community Property, Tax Issues
Children – Family Planning, Responsibility to Children, UFISA

Disc 6:

Children (continued) – Child Custody, Custody Orders, Termination of Parental Rights, Adoption

Disc 7:

CD-ROM Family Law Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

FEDERAL COURTS

Dean John C. Jeffries, Jr. (from cover). 2005. 2 copies
Law Koren KF 8719 .J44 2005
3 hour lecture, 21 page handout

Disc 1:

Choice of Law in the Federal System

Disc 2:

Jurisdiction of the Federal Courts

Disc 3:

Federal-State Regulation

Disc 4:

CD-ROM Federal Courts Handout in PDF format

Return To Table of Contents

FEDERAL INCOME TAX

Cheryl D. Block. 2005. 5 copies
Law Koren KF 6369 .B56 2005
5 hour lecture, 16 page handout

Disc 1:

History
Gross Income

Disc 2:

Gross Income (continued)
Exclusions from Gross Income
Computing Gains or Losses

Disc 3:

Computing Gains or Losses (continued)
Alimony and Child Support
Business or Investment Income

Disc 4:

Business or Investment Income (continued)
Calculating Taxable Income
Assignment of Income

Disc 5:

Assignment of Income (continued)
Ordinary Income v. Capital Gains

Disc 6:

CD-ROM Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

FUTURE INTERESTS

Catherine L. Carpenter. 2008, 2005. 9 copies
Law Koren KF 605 .C73 2005
4.5 hour lecture, 24 page handout

Disc 1:

Introduction
Present Possessory Estates
Fee Simple Absolute
Fee Tail
Life Estates
Fee Simple Determinable
Fee Simple Subject to Condition Subsequent
Fee Simple Subject to Executory Limitations

Disc 2:

Future Interests
Reversion
Possibility of Reverter
Power of Termination or Right of Reentry
Vested Remainder Absolute
Vested Remainder Subject to Partial Divestment (Subject to Open)
Vested Remainder Subject to Total Divestment
Contingent Remainder
Executory Interests (Springing and Shifting)

Disc 3:

Rules Affecting Transfer of Property
Doctrine of Merger
Doctrine of Destructibility of Contingent Remainders
The Rule in Shelly's Case
Doctrine of Worthier Title
The Rule Against Perpetuities

Disc 4:

The Rule Against Perpetuities (Continued)

Disc 5:

Rule Against Perpetuities

Disc 6:

CD-ROM Future Interests Handout in PDF format

Return To Table of Contents

LAW SCHOOL EXAM WRITING

Charles H. Whitebread. 2005. 5 copies
Law Koren KF 283 .W45 2005
1 hour lecture, 100 page handout

Disc 1:

[Audio CD / Topics not Listed]

Disc 2:

The Eight Secrets of Top Exam Performance [Book in PDF format]

Return To Table of Contents

PROFESSIONAL RESPONSIBILITY

Erwin Chemerinsky. 2007 (1), 2010 (5). 6 copies
Law Koren AV KF 306 .C52 2007
3 hour lecture, 21 page handout

Disc 1:

Who Regulates
Who May Practice
Duty to Prevent Unauthorized Practice of Law
Duty to Accept Representation
Duty to Reject Representation
Withdrawl from Representation
Duty to Avoid Conflict of Interest

Disc 2:

Duty to Avoid Conflict of Interest (continued)
Duty of Competence
Duty to Follow Client Instruction
Duty to Protect Client Confidences
Duty to Prevent Abuse
Duty of Candor
Fairness to Opposing Party
Trial Tactics
Pro Bono
Attorney as Advisor
Permissible Nature of Communications

Disc 3:

Permissible Nature of Communications (continued)
Advertising and Solicitation
Structures
Fees
Duty to Protect Money or Property
Judge Disqualification
Serving Conduct
Off-the-Bench Conduct
Permissible Political Activities

Disc 4:

CD-ROM Professional Responsibility Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

REAL PROPERTY

Paula A. Franzese. 2005. 5 copies
Law Koren KF 570 .F73 2005
6 hour lecture, 62 page handout

Disc 1:

Fee Simple Absolute
Fee Tail
Defeasible Fees
Life Estate
Waste

Disc 2:

Joint Tenancy
Tenancy by the Entirety
Tenancy in Common
Landlord/Tenant Law
Tenancy for Years
Periodic Tenancy

Disc 3:

Tenancy at Will
Tenancy at Sufferance
Tenant's Duties
Landlord's Duties
Assignment
Sublease
Easements

Disc 4:

Easements (continued)
License
Profit
Covenants

Disc 5:

Covenants (continued)
Equitable Servitude
Adverse Possession
Land Transactions

Disc 6:

Land Transactions (continued)
Recording System
Water Rights
Possessor's Rights
Eminent Domain
Zoning

Disc 7:

CD-ROM Real Property Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

REMEDIES

William A. Fletcher. 2005. 4 copies
Law Koren KF 9010 .F53 2005
5 hour lecture, 40 page handout

Disc 1:

Tort Remedies

Disc 2:

Tort Remedies (continued)
Injury to Personal Property
Injury to Real Property

Disc 3:

Nuisance
Contract Remedies

Disc 4:

Contract Remedies (continued)
Purchase and Sale of Personal Property
Purchase and Sale of Real Property

Disc 5:

Purchase and Sale of Real Property (continued)
Construction Contracts
Employment Contracts

Disc 6:

CD-ROM Remedies Handout in PDF format

Return To Table of Contents

SALES & LEASE OF GOODS

Michael I. Spak. 2005. 7 copies
Law Koren KF 915 .S73 2005
3.5 hour lecture, 8 page handout

Disc 1:

Transactions in Goods
Contract Formation
Offer
Acceptance
Statute of Frauds

Disc 2:

Statute of Frauds (continue)
Parol Evidence Rule
Obligation and Performance
Tender
Payment
Risk of Loss

Disc 3:

Risk of Loss (continued)
Warranties
Mercantability
Fitness
Disclaimers
Beneficiaries
Remedies

Disc 4:

Remedies (continued)
Third Party Rights
Sample Problem Discussion

Disc 5:

CD-ROM Sales & Lease of Goods Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

SECURED TRANSACTIONS

Michael I. Spak. 2005. 10 copies
Law Koren KF 1050 .S73 2005
2.5 hour lecture, 24 page handout

Disc 1:

Introduction
Mechanics – Security Interests, Collateral, Creation

Disc 2:

Mechanics (continued) – Attachment, Perfection, financing Statements
Priorities

Disc 3:

Priorities (continued) – Rights Upon Default
Sample Problem Discussion

Disc 4:

CD-ROM Secured Transactions Handout in PDF format

Return To Table of Contents

SECURITIES REGULATION

Therese H. Maynard. 2005. 6 copies
Law Koren KF 1440 .M39 2005
9 hour lecture, 34 page handout

Disc 1:

Introduction – Modern Financial Markets
Securities Markets
Federal Securities Laws
Role of the SEC
Forces of Change at Work in Today's Securities Markets
Definition of "Security" – Scope of Statuatory Definition of Security, The Howey Test

Disc 2:

The Howey Test (continued)
Role of the "Context Clause"
Sale of business Doctrine
Promissory Notes
LLC as Security
Public Offerings and the Registration Process under § 5 of the 1933 Act – The Modern Underwriting Process

Disc 3:

The Modern Underwriting Process (continued)
Overview of the Regulating Framework of § 5 of the 1933 Act
Jurisdictional Underpinning of the 1933 Act
Pre-Filing Period

Disc 4:

Pre-Filing Period (continued)
Waiting period

Disc 5:

Waiting Period (continued)
Post-Effective Period
Preparing the Registration Statement and the SEC's System of Integrated Disclosure
Shelf Registration Process

Disc 6:

SEC's New Public Offering Reform Rules – Introduction
Reforms that Apply to All Issuers
Reforms that Apply to Communications Made in the IPO Context
Changes to Prospectus Delivery Obligations
Changes to Scope of Civil Liability Under the 1933 Act
Reforms that Apply to Public Offerings by Well-known Seasoned Issuers
Reforms that Apply to Public Companies Other than WKSIs
Off-shore Public Offerings

Disc 7:

SEC's Disclosure Policy and Theories of Materiality – Line Item Disclosure and the Concept of Materiality
Issuer's Exemptions from § 5 Registration Obligation – Distinguish Two Types of Exemption Set Forth in 1933 Act, Section 3(a)(11), Section 4(2)

Disc 8:

Scope of Regulation D
Rule 506 Safe Harbor for Private Placements
The Limited Offering Exemptions
The Other § 3(b) Exemptions
§ 4(6)
Resales of Securities by Non-Issuers – General Background
Selling for an Issuer in Connection with a Distribution
Purchasing Securities from an Issuer with a View to Distribution

Disc 9:

Scope of Protection Offered by Rule 144
Express Civil Liability Provisions of the 1933 Act – Introduction
Fraud Remedy
Rescission Remedy

Disc 10:

CD-ROM Securities Regulation Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

WILLS & TRUSTS

Stanley M. Johanson. 2011. 3 copies
Law Koren KF 755 .J64 2011
6 hour lecture, 50 page handout

Disc 1:

Wills
Intestate Succession
Principles and Terminology
When Rules Apply
Intestate Shares
Inheritance by Descendants
Distribution
Adopted Children
Non-marital Children
Lifetime Gifts
Disclaimer
Simultaneous Deaths
Execution of Wills
Requirements

Disc 2:

Presence
Attorney Liability
Holographic Wills
Conditional Wills
Valid Revocation
Presumptions
Dependant Relative Revocation
Changes after Signing
Beneficiary Death
Lapsed Gifts
120-Hour Rule
Lapse in Residuary Estate
Class Gift Rule

Disc 3:

Changes in Family
Marriage
Divorce
Pretermitted Child Statutes
Testamentary Gifts
Creditors' Claims
The Ademption Doctrine
Stocks
Encumbered Property
Incorporation by Reference doctrine
Independent Significance Doctrine
Mistakes
Contracts
Words of Disinheritance
Nonprobate Assets

Disc 4:

Will Contests
Lack of Testamentary Capacity
Undue Influence
Creditors' Claims
Trusts
Requirements
Settlor [grantor]
Delivery
Trust Property ("res")
Trustee
Beneficiaries

Disc 5:

Intent to Create a Trust
Lawful Purpose
Revocable Trusts
Charitable Trusts
Honorary Trusts
Resulting and Constructive Trusts

Disc 6:

Spendthrift Trusts
Self-dealing by fiduciary trust administration
Trust investments – The Uniform Prudent Investor Act
Judicial Modification and Termination of Trusts
Powers of appointment

Disc 7:

CD-ROM Wills & Trusts Handout in PDF format

Return To Table of Contents | See Sum and Substance Version

Content last updated August 2, 2012