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Table of Contents

    • About the Authors
    • Acknowledgments
    • Preface
    • 1Introduction to Law and Legal Systems
      • 1.1What Is Law?
      • 1.2Schools of Legal Thought
      • 1.3Basic Concepts and Categories of US Positive Law
      • 1.4Sources of Law and Their Priority
      • 1.5Legal and Political Systems of the World
      • 1.6A Sample Case
      • 1.7Summary and Exercises
    • 2Corporate Social Responsibility and Business Ethics

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      • 2.1What Is Ethics?

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      • 2.2Major Ethical Perspectives

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      • 2.3An Ethical Decision Model

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      • 2.4Corporations and Corporate Governance

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      • 2.5Summary and Exercises

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    • 3Courts and the Legal Process

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      • 3.1The Relationship between State and Federal Court Systems in the United States

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      • 3.2The Problem of Jurisdiction

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      • 3.3Motions and Discovery

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      • 3.4The Pretrial and Trial Phase

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      • 3.5Judgment, Appeal, and Execution

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      • 3.6When Can Someone Bring a Lawsuit?

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      • 3.7Relations with Lawyers

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      • 3.8Alternative Means of Resolving Disputes

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      • 3.9Cases

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    • 4Constitutional Law and US Commerce

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      • 4.1Basic Aspects of the US Constitution

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      • 4.2The Commerce Clause

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      • 4.3Dormant Commerce Clause

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      • 4.4Preemption: The Supremacy Clause

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      • 4.5Business and the Bill of Rights

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      • 4.6Cases

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      • 4.7Summary and Exercises

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    • 5Administrative Law

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      • 5.1Administrative Agencies: Their Structure and Powers

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      • 5.2Controlling Administrative Agencies

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      • 5.3The Administrative Procedure Act

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      • 5.4Administrative Burdens on Business Operations

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      • 5.5The Scope of Judicial Review

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      • 5.6Cases

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      • 5.7Summary and Exercises

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    • 6Criminal Law

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      • 6.1The Nature of Criminal Law

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      • 6.2Types of Crimes

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      • 6.3The Nature of a Criminal Act

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      • 6.4Responsibility

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      • 6.5Procedure

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      • 6.6Constitutional Rights of the Accused

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      • 6.7Cases

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      • 6.8Summary and Exercises

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    • 7Introduction to Tort Law

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      • 7.1Purpose of Tort Laws

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      • 7.2Intentional Torts

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      • 7.3Negligence

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      • 7.4Strict Liability

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      • 7.5Cases

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      • 7.6Summary and Exercises

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    • 8Introduction to Contract Law

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      • 8.1General Perspectives on Contracts

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      • 8.2Sources of Contract Law

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      • 8.3Basic Taxonomy of Contracts

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      • 8.4Cases

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      • 8.5Summary and Exercises

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    • 9The Agreement

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      • 9.1The Agreement in General

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      • 9.2The Offer

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      • 9.3The Acceptance

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      • 9.4Cases

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      • 9.5Summary and Exercises

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    • 10Real Assent

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      • 10.1Duress and Undue Influence

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      • 10.2Misrepresentation

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      • 10.3Mistake

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      • 10.4Capacity

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      • 10.5Cases

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      • 10.6Summary and Exercises

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    • 11Consideration

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      • 11.1General Perspectives on Consideration

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      • 11.2Legal Sufficiency

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      • 11.3Promises Enforceable without Consideration

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      • 11.4Cases

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      • 11.5Summary and Exercises

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    • 12Legality

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      • 12.1General Perspectives on Illegality

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      • 12.2Agreements in Violation of Statute

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      • 12.3Bargains Made Illegal by Common Law

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      • 12.4Effect of Illegality and Exceptions

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      • 12.5Cases

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      • 12.6Summary and Exercises

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    • 13Form and Meaning

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      • 13.1The Statute of Frauds

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      • 13.2The Parol Evidence Rule

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      • 13.3Interpretation of Agreements: Practicalities versus Legalities

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      • 13.4Cases

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      • 13.5Summary and Exercises

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    • 14Third-Party Rights

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      • 14.1Assignment of Contract Rights

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      • 14.2Delegation of Duties

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      • 14.3Third-Party Beneficiaries

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      • 14.4Cases

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      • 14.5Summary and Exercises

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    • 15Discharge of Obligations

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      • 15.1Discharge of Contract Duties

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      • 15.2Cases

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      • 15.3Summary and Exercises

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    • 16Remedies

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      • 16.1Theory of Contract Remedies

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      • 16.2Promisee’s Interests Protected by Contract

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      • 16.3Legal Remedies: Damages

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      • 16.4Equitable Remedies

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      • 16.5Limitations on Contract Remedies

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      • 16.6Cases

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      • 16.7Summary and Exercises

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    • 17Products Liability

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      • 17.1Introduction: Why Products-Liability Law Is Important

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      • 17.2Warranties

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      • 17.3Negligence

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      • 17.4Strict Liability in Tort

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      • 17.5Tort Reform

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      • 17.6Cases

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      • 17.7Summary and Exercises

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    • 18Intellectual Property

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      • 18.1Patents

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      • 18.2Trade Secrets

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      • 18.3Copyright

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      • 18.4Trademarks

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      • 18.5Cases

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      • 18.6Summary and Exercises

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    • 19Insurance

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      • 19.1Definitions and Types of Insurance

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      • 19.2Property Insurance, Liability Insurance, and Life Insurance

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      • 19.3Insurer’s Defenses

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      • 19.4Case

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      • 19.5Summary and Exercises

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    • 20Relationships between Principal and Agent

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      • 20.1Introduction to Agency and the Types of Agents

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      • 20.2Duties between Agent and Principal

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      • 20.3Cases

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      • 20.4Summary and Exercises

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    • 21Liability of Principal and Agent; Termination of Agency

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      • 21.1Principal’s Contract Liability

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      • 21.2Principal’s Tort and Criminal Liability

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      • 21.3Agent’s Personal Liability for Torts and Contracts; Termination of Agency

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      • 21.4Cases

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      • 21.5Summary and Exercises

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    • 22Partnerships: General Characteristics and Formation

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      • 22.1Introduction to Partnerships and Entity Theory

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      • 22.2Partnership Formation

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      • 22.3Cases

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      • 22.4Summary and Exercises

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    • 23Partnership Operation and Termination

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      • 23.1Operation: Relations among Partners

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      • 23.2Operation: The Partnership and Third Parties

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      • 23.3Dissolution and Winding Up

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      • 23.4Cases

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      • 23.5Summary and Exercises

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    • 24Hybrid Business Forms

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      • 24.1Limited Partnerships

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      • 24.2Limited Liability Companies

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      • 24.3Other Forms

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      • 24.4Cases

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      • 24.5Summary and Exercises

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    • 25Corporation: General Characteristics and Formation

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      • 25.1Historical Background

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      • 25.2Partnerships versus Corporations

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      • 25.3The Corporate Veil: The Corporation as a Legal Entity

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      • 25.4Classifications of Corporations

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      • 25.5Corporate Organization

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      • 25.6Effect of Organization

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      • 25.7Cases

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      • 25.8Summary and Exercises

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    • 26Legal Aspects of Corporate Finance

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      • 26.1General Sources of Corporate Funds

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      • 26.2Bonds

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      • 26.3Types of Stock

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      • 26.4Initial Public Offerings and Consideration for Stock

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      • 26.5Dividends

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      • 26.6The Winds of Change

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      • 26.7Cases

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      • 26.8Summary and Exercises

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    • 27Corporate Powers and Management

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      • 27.1Powers of a Corporation

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      • 27.2Rights of Shareholders

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      • 27.3Duties and Powers of Directors and Officers

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      • 27.4Liability of Directors and Officers

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      • 27.5Cases

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      • 27.6Summary and Exercises

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    • 28Securities Regulation

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      • 28.1The Nature of Securities Regulation

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      • 28.2Liability under Securities Law

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      • 28.3Cases

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      • 28.4Summary and Exercises

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    • 29Corporate Expansion, State and Federal Regulation of Foreign Corporations, and Corporate Dissolution

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      • 29.1Corporate Expansion

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      • 29.2Foreign Corporations

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      • 29.3Dissolution

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      • 29.4Cases

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      • 29.5Summary and Exercises

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    • 30Employment Law

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      • 30.1Federal Employment Discrimination Laws

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      • 30.2Employment at Will

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      • 30.3Other Employment-Related Laws

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      • 30.4Cases

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      • 30.5Summary and Exercises

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    • 31Labor-Management Relations

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      • 31.1A Brief History of Labor Legislation

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      • 31.2The National Labor Relations Board: Organization and Functions

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      • 31.3Labor and Management Rights under the Federal Labor Laws

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      • 31.4Case

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      • 31.5Summary and Exercises

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    • 32Consumer Credit Transactions

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      • 32.1Entering into a Credit Transaction

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      • 32.2Consumer Protection Laws and Debt Collection Practices

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      • 32.3Cases

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      • 32.4Summary and Exercises

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    • 33Secured Transactions and Suretyship

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      • 33.1Introduction to Secured Transactions

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      • 33.2Priorities

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      • 33.3Rights of Creditor on Default and Disposition after Repossession

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      • 33.4Suretyship

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      • 33.5Cases

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      • 33.6Summary and Exercises

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    • 34Mortgages and Nonconsensual Liens

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      • 34.1Uses, History, and Creation of Mortgages

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      • 34.2Priority, Termination of the Mortgage, and Other Methods of Using Real Estate as Security

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      • 34.3Nonconsensual Lien

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      • 34.4Cases

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      • 34.5Summary and Exercises

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    • 35Bankruptcy

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      • 35.1Introduction to Bankruptcy and Overview of the 2005 Bankruptcy Act

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      • 35.2Case Administration; Creditors’ Claims; Debtors’ Exemptions and Dischargeable Debts; Debtor’s Estate

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      • 35.3Chapter 7 Liquidation

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      • 35.4Chapter 11 and Chapter 13 Bankruptcies

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      • 35.5Alternatives to Bankruptcy

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      • 35.6Cases

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      • 35.7Summary and Exercises

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    • 36Introduction to Property: Personal Property and Fixtures

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      • 36.1The General Nature of Property Rights

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      • 36.2Personal Property

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      • 36.3Fixtures

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      • 36.4Case

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      • 36.5Summary and Exercises

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