- Avoiding Disputes
Presented by Christopher Kelley
Thursday, March 5, 2009
Introduction To Federal Administrative Law Section 5
Section 5 (Total Run Time: 5 min. 06 sec.)
- Basic Adjudication Procedures
- Two Goals in Adjudication
Presented by Christopher Kelley
Introduction To Federal Administrative Law Section 4
Section 4 (Total Run Time: 11 min. 31 sec.)
- Rulemaking
- “Informal” Rulemaking
- Exemptions and Exceptions – Informal Rulemaking
- Publication of Rules
- Participating in Rulemaking
Presented by Christopher Kelley
Introduction To Federal Administrative Law Section 3
Section 3 (Total Run Time: 12 min. 31 sec.)
- What Is Administrative Law?
- Another Definition
- Private Law v. Administrative Law
- The Goal of Administrative Law
- The Cardinal Principle of Federal Administrative Law
- Thus, As To Rulemaking...
- And, As To Adjudication...
- The Roles of the President and the Courts
- Agency Lawmaking
- Adjudication
- Agency Procedures
- Judicial Review
- Key Points
Presented by Christopher Kelley
Introduction To Federal Administrative Law Section 2
Section 2 (Total Run Time: 6 min. 43 sec.)
- The Administrative State
- What Do Agencies Do?
- Even Deciding What Is Peanut Butter
- Types of Agency Powers
Presented by Christopher Kelley
Introduction To Federal Administrative Law Section 1
Section 1 (Total Run Time: 8 min. 28 sec.)
- What Is An Agency?
- Types of Agencies
- Departments
- “Freestanding” Agencies
- Typical Features of Independent Agencies
Section 501(c)(3) Basics Section 5
Section 5 (Total Run Time: 7 min. 54 sec.)
- Public interest law firms and other legal services
- Community development and low-income housing
- Miscellaneous organizations
Presented by Will Foster
Section 501(c)(3) Basics Section 4
Section 4 (Total Run Time: 13 min. 47 sec.)
- Different Types of § 501(c)(3) Organizations Educational organizations
- Rulings and case law
- Rev. Proc. 86-43
- Religious organizations
- “Churches”
- Nonprofit hospitals and other health care providers
Presented by Will Foster
Section 501(c)(3) Basics Section 3
Section 3 (Total Run Time: 11 min. 53 sec.)
- Organizational requirement
- Operational Test
- Charitable Requirement
- Cannot violate public policy
- Private Inurement
- What is inurement?
- What are private shareholders or individuals?
- What are Net Earnings?
- How much inurement do we need?
- Intermediate Sanctions (§4958)
- Definitions
- Private benefit limitation
- Policy behind §4958
- Lobbying and Campaigning
Presented by Will Foster
Section 501(c)(3) Basics Section 1
Section 1 (Total Run Time: 9 min. 22 sec.)
- “Nonprofit”
- State law concept
- “Tax-Exempt”
- Federal and state tax law concept
- IRC § 501(a) – provides the exemption
- §501(c) – about 28 categories of eligible entities
- Most fit w/in 2 categories
- Public-Serving
- Mutual-Benefit (member-serving orgs)
- §501(c)(3)
- Generally include public-serving organizations and houses of worship
- Special benefits of §501(c)(3) status
Presented by Will Foster
Tuesday, March 3, 2009
Choosing a Lawyer Section 3
Section 3 (Total Run Time: 6 min. 02 sec.)
- Sources - http://www.arkansasfindalawyer.com/
- Legal Ability Ratings
Presented by Mike Mullane
Choosing a Lawyer Section 2
Section 2 (Total Run Time: 8 min. 32 sec.)
- Quality = Reputation
- Trust
- Cost
- Personality
Choosing a Lawyer Section 1
Section 1 (Total Run Time: 8 min. 37 sec.)
- What does a lawyer do for you?
- Look for Experience
The University of Arkansas Law Library
The University of Arkansas Law Library (Total Run Time: 9 min. 18 sec.)
- The Robert A. & Vivian Young Law Library, University of Arkansas
- Library Hours
- Library Layout
- Info Links
- Reference Collection and help desk
- Maps
- Public Access Computer Research
- Contact Information
Immigration Issues in Employment: The I-9 and Discrimination Section 3
Section 3 (Total Run Time: 3 min. 48 sec.)
- Tips
- E-Verify
- Enrolling in E-verify
- E-verify at Work
- Discrimination
Presented by Elizabeth Young
Immigration Issues in Employment: The I-9 and Discrimination Section 2
Section 2 (Total Run Time: 6 min. 21 sec.)
- Retention of the I-9
- Exceptions to the Rule
- Minor
- Legally Incapacitated Person
- Other Documentation
- Temporary Employment
Presented by Elizabeth Young
Immigration Issues in Employment: The I-9 and Discrimination Section 1
Section 1 (Total Run Time: 5 min. 08 sec.)
- The I-9
- http://www.uscis.gov/files/form/I-9.pdf
- Who Must Fill Out I-9?
- When to Fill Out the I-9?
- Required Documents
- http://www.uscis.gov/files/nativedocuments/m-274.pdf
- US Passport
- I-551 Permanent Resident Card
- Employment Authorization Document
Presented by Elizabeth Young
HIV and AIDS in the Workplace Section 4
Section 4 (Total Run Time: 7 min. 15 sec.)
- AIDS/HIV Workplace Policy
- How to Create a Workplace Policy
- 10 Principles for the Workplace
- Implementing your Workplace Policy
- Resources
Presented by D’lorah Hughes
HIV and AIDS in the Workplace Section 3
Section 3 (Total Run Time: 4 min. 32 sec.)
- Workplace Safety Standards
- OSHA Standards
- FMLA – Medical Leave Rights
- Requesting and Documenting FMLA Leave
- Employers’ Duty to Provide FMLA Notification
- Needlestick Safety Prevention Act (2000)
- Employee’s Right to Know vs. Confidentiality Standards for HIV
Presented by D’lorah Hughes
HIV and AIDS in the Workplace Section 2
Section 2 (Total Run Time: 9 min. 41 sec.)
- The ADA and the Rehabilitation Act of 1973
- ADA – Generally
- ADA – HIV Specific
- ADA – Employer Inquiries and Tests for HIV
- ADA – Employer Inquiries cont’d
- ADA - Employer Duty of Confidentiality
- ADA – Employer Defenses
- ADA Amendments – Proposed
- Family and Medical Leave Act (FMLA)
- FMLA – Medical Leave Rights
- Requesting and Documenting FMLA Leave
- Employers’ Duty to Provide FMLA Notification
Presented by D’lorah Hughes
HIV and AIDS in the Workplace Section 1
Section 1 (Total Run Time: 2 min. 50 sec.)
Presented by D’lorah Hughes
- Basic Statistics
- Basic Facts on HIV/AIDS
- HIV Transmission
- Treatment – Ability to Work
Presented by D’lorah Hughes
Conflict Resolution Section 2
Section 2 (Total Run Time: 10 min. 11 sec.)
- Conflict Outcomes
- Constructive Conflict Management
- Professional Assistance and Mediators
Presented by Tara Mullen
Conflict Resolution Section 1
Section 1 (Total Run Time: 4 min. 40 sec.)
Presented by Tara Mullen
- Definition of Conflict
- Types of Conflicts
- Constructive Conflict
- Destructive Conflict
Presented by Tara Mullen
Gift and Estate Planning Section 2
Section 2 (Total Run Time: 7 min. 29 sec.)
- Life Income Gifts
- Characteristics
- Types (Gift Annuities)
Presented by Jim Harris
Gift and Estate Planning Section 1
Section 1 (Total Run Time: 2 min. 53 sec.)
- What is a Planned Gift?
- Why is Planned Giving Important?
- Testamentary Gifts
- Traditional
- By Contract
- Most Tax Efficient Testamentary Gift
Presented by Jim Harris
Monday, March 2, 2009
Non-profit Insurance Needs and the Abrogation of Charitable Immunities Section 4
Section 4 (Total Run Time: 8 min. 32 sec.)
- Insurance Products for Non-profits
- Major Types of Insurance Products
- Sources for Model Insurance Policy Forms
- Terms
- Summary
Presented by Kathryn Sampson
Non-profit Insurance Needs and the Abrogation of Charitable Immunities Section 3
Section 3 (Total Run Time: 7 min. 28 sec.)
- Arkansas courts and immunity
- Arkansas in Minority
- Arkansas’s Direct Action Statute
- Operative language from the direct action statute
- Abrogated case law
- 2007 Arkansas Caselaw
- Liability Insurance has Heightened Contemporary Importance
- Low v. Ins. Co. of N. Am. (2005)
- Sowders v. St Joseph’s (2007)
- 2007 General Assembly
- Should a non-profit obtain liability insurance?
- Non-profit immunity from execution on non-profit’s property
- Rationales for obtaining insurance coverage, notwithstanding the execution principle
Presented by Kathryn Sampson
Non-profit Insurance Needs and the Abrogation of Charitable Immunities Section 2
Section 2 (Total Run Time: 5 min. 53 sec.)
- Statutes that give non-profits legal identities
- Immunity
- Statutory immunity
- A closer look at non-profit immunities
- Important exceptions to immunity
Presented by Kathryn Sampson
Non-profit Insurance Needs and the Abrogation of Charitable Immunities Section 1
Section 1 (Total Run Time: 7 min. 00 sec.)
- Non-Profit Insurance
- What is a non-profit entity?
- How does the law limit liability of a non- profit entity?
- What are the risks in “going bare”?
- What insurance products are offered?
- Factual scenarios for potential non-profit liability
- Medical clinic – malpractice
- Emergency shelter
- Volunteer labor on building project
- For-profit nursing home uses non-profit’s property
- What is a non-profit entity?
- What is a non-profit entity?
- How does the law limit liability of a non-profit entity?
- What are the risks in “going bare”?
- What insurance products are offered?
Presented by Kathryn Sampson
Non-Profit Contracts Section 3
Section 3 (Total Run Time: 10 min. 28 sec.)
- Implied Terms
- Restatement 2nd §204 and UCC §2-204
- Terms implied in fact
- Terms implied in law
- Reasonable efforts
- Termination of contract must provide reasonable notice. UCC §2-309
- Other UCC gap fillers
- Good Faith
- Remedies for Breach
- Expectation Damages
- Reliance Damages
- Restitution
- Specific Performance
Presented by Sharon Foster
Non-Profit Contracts Section 2
Section 2 (Total Run Time: 9 min. 53 sec.)
- Key Provisions
- Mandatory terms and conditions
- Notification requirements
- Choice of law/forum provisions
- Arbitration/mediation provision
Presented by Sharon Foster
Non-Profit Contracts Section 1
Non-Profit Contracts Section 1 (Total Run Time: 13 min. 19 sec.)
- Contract Information
- Mutual assent
- Battle of the Forms
- For Service Contracts Generally Covered by the Restatement of Contracts 2nd:
- For the Sale of Goods Generally Covered by the Uniform Commercial Code, §2-207:
- Electronic Contracting
- Warranties
- Express warranties
- Implied warranty merchantability
- Implied warranty of fitness
- Implied warranty workmanlike construction
- Key Provisions
- Names
- Obligations
- Personal Guarantees
- Payment Terms
Presented by Sharon Foster
Introduction to Cooperatives: Businesses Serving Members Section 6
Section 6 (Total Run Time: 12 min. 43 sec.)
- Why Cooperatives?
- A Farmer Cooprative Example
Presented by James Baarda
Introduction to Cooperatives: Businesses Serving Members Section 5
Section 5 (Total Run Time: 37 min. 50 sec.)
- Getting Started
- Formation
- Taxation
- Antitrust
- Securities Laws
Presented by James Baarda
Introduction to Cooperatives: Businesses Serving Members Section 4
Section 4 (Total Run Time: 23 min. 18 sec.)
- Who Benefits from the Cooperatives and How?
- Who Finances the Cooperative and How?
Presented by James Baarda
Introduction to Cooperatives: Businesses Serving Members Section 3
Section 3 (Total Run Time: 20 min. 13 sec.)
- Board of Directors
- Director's Seven Responsibilites
Presented by James Baarda
Introduction to Cooperatives: Businesses Serving Members Section 2
Section 2 (Total Run Time: 16 min. 39 sec.)
- Legal Choices
- Practicalities
- Who Controls the Cooperative and How? Control by Members
- Member Qualifications
- Voting and Voting Power
Presented by James Baarda
Introduction to Cooperatives: Businesses Serving Members Section 1
Introduction (Total Run Time: 16 min. 04 sec.)
- Types of Coorperatives
- What are Cooperatives?
- Cooperative Principals
- Putting it Together
Presented by James Baarda
The Environmental Audit
The Environmental Audit (Total Run Time: 8 min. 20 sec.)
- Definition of an Environmental Audit
- The Four Steps of an Environmenal Audit
- Who Performs the Audit?
- The Response
- Resources to determine Standards
Presented by Stephen Sheppard
10 Things to Keep Your Non-profit Out of Court
10 Things to Keep Your Non-profit Out of Court (Total Run Time: 24 min. 30 sec.)
- Plan your purpose
- Good paperwork
- Selection of officers
- One place to keep records
- Routine
- The board of directors should make decisions
- Take good minutes
- Keep good books
- Pay your taxes
- Have good insurance
Presented by Stephen Sheppard
Employment Discrimination Section 4
Application of these Laws in your Workplace (Total Run Time: 07 min. 32 sec.)
- Job interviews
- Hiring and Promotions
- Discipline and Performance Evaluations
- Terminations
- Postings
- Conclusions
Presented by Eva Madison
Employment Discrimination Section 3
State Employment Discrimination Laws (Total Run Time: 12 min. 50 sec.)
- The Arkansas Civil Rights Act (ACRA)
- Arkansas Tort Law
- Special Considerations Unlawful Harassment
- Retaliation
- National Origin
- Religious Accommodation
- The Equal Employment Opportunity Commission (EEOC)
Presented by Eva Madison
Employment Discrimination Section 2
Federal Anti-Discrimination Laws (Total Run Time: 09 min. 00 sec.)
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Equal Pay Act (EPA) 42 U.S.C. § 1981 (Section 1981)
Presented by Eva Madison
Employment Discrimination Section 1
Employment Discrimination (Total Run Time: 02 min. 50 sec.)
- The Human Resources Function
- Employment At Will
Presented by Eva Madison
Buying of Goods Section 4
Acceptance of Goods (Total Run Time: 11 min. 30 sec.)
- Hell or High Water clause
- Exceptions to the rule
- Conclusion
Presented by Janet Flaccus
Buying of Goods Section 2
Buying Outright vs. Buying on Credit (Total Run Time: 15 min. 10 sec.)
- Implied warranty of merchantability
- "As Is"
- Magnuson Moss
- Extended warranties
- Signing a note
- Signing a security agreement
- Holders in Due Course (HDC)
- FTC rule for consumers
Presented by Janet Flaccus
Buying of Goods Section 1
Real Property vs. Personal Property (Total Run Time: 04 min. 32 sec.)
- Introduction to Buying of Goods
- To buy or to lease?
- Uniform Commerical Code
Presented by Janet Flaccus
Workers' Compensation Section 4
What are the Benefits of Workers' Compensation (Total Run Time: 19 min. 45 sec.)
- Medical benefits
- Rehabilitative benefits
- Indemnity benefits
- Permanent benefits
- The Lanphier Test
- Dixon v. Salvation Army
Presented by Scott Zuerker
Workers' Compensation Section 3
What is Covered by Workers' Compensation (Total Run Time: 04 min. 46 sec.)
- Accidental injuries
Presented by Scott Zuerker
Workers' Compensation Section 2
Who is Covered by Workers' Compensation (Total Run Time: 04 min. 12 sec.)
- Definition of employment
- Definition of an employer
- Definition of an employee
Presented by Scott Zuerker
Workers' Compensation Section 1
Introduction to Workers' Compensation (Total Run Time: 03 min. 07 sec.)
- History of workers' compensation
- What is workers' compensation?
Presented by Scott Zuerker
Planned Giving from a Not-for-Profit Perspective Section 4
A Sound Planned Giving Strategy (Total Run Time: 01 min. 14 sec.)
- Closing thoughts
Presented by Carl J. Circo, B.A., J.D.
Planned Giving from a Not-for-Profit Perspective Section 3
Planned Giving from the Donor’s Perspective (Total Run Time: 32 min. 52 sec.)
- Donation options
- Estate plans
- Tax consequences of lifetime gifts
- Gifts taking effect at death
- Trusts and other special arrangements
Presented by Carl J. Circo, B.A., J.D.
Planned Giving from a Not-for-Profit Perspective Section 2
A Strategy for Not-for-Profit Organizations (Total Run Time: 12 min. 24 sec.)
- Encouraging planned giving
- Gift acceptance policies
- Risks of accepting contributions
Presented by Carl J. Circo, B.A., J.D.
Planned Giving from a Not-for-Profit Perspective Section 1
Introduction to Planned Giving (Total Run Time: 06 min. 11 sec.)
- What is planned giving?
- Key concepts and terms
- Sources of information
Presented by Carl J. Circo, B.A., J.D.
Websites and the Internet: Part II – Trademarks
Websites and the Internet: Part II – Trademarks (Total Run Time: 18 min. 46 sec.)
- Definition of a trademark
- Domain names
- Meta-tags
- Fair use and trademarks
- Cybersquatting
- Contracts and jurisdiction on the Internet
Presented by Ned Snow, B.A., J.D.
Websites and the Internet: Part I – Copyright
Websites and the Internet: Part I – Copyright (Total Run Time: 16 min. 55 sec.)
- Definition of copyright
- Rights protected by copyright law
- Fair use
- Other areas of concern
Presented by Ned Snow, B.A., J.D.
Bylaws Provisions Related to Directors of Non-Profits Section 4
Director Bylaws Quick Guide 4 (Run Time: 3 min. 28 sec.) - Section four is devoted to general concerns regarding directors including compensation, liability, and indemnification of directors.
Presented by Mary Beth Matthews, B.S., J.D.
Presented by Mary Beth Matthews, B.S., J.D.
Bylaws Provisions Related to Directors of Non-Profits Section 3
Director Bylaws Quick Guide 3 (Run Time: 2 min. 38 sec.) - Section three is devoted to general concerns regarding directors including committees, resignation, removal or other termination, vacancies.
Presented by Mary Beth Matthews, B.S., J.D.
Presented by Mary Beth Matthews, B.S., J.D.
Bylaws Provisions Related to Directors of Non-Profits Section 2
Director Bylaws Quick Guide 2 (Run Time: 4 min. 18 sec.) - This section provides guidance related to directors' meetings including regular and special meetings, notice of meetings, waiver of notice, quorums, voting, and action without meetings.
Presented by Mary Beth Matthews, B.S., J.D.
Presented by Mary Beth Matthews, B.S., J.D.
Bylaws Provisions Related to Directors of Non-Profits Section 1
Director Bylaws Quick Guide 1 (Run Time: 5 min. 35 sec.) - Section one of Professor Matthew's presentation on bylaws provisions related to directors includes an overview of issues including duties, elections, designation, or appointment, director terms, and staggering of director terms.
Presented by Mary Beth Matthews, B.S., J.D.
Presented by Mary Beth Matthews, B.S., J.D.
Bylaws Provisions Related to Members of Non-Profits Section 4
Member Bylaws Quick Guide 4 (Run Time: 5 min. 11 sec.) - The final section of Professor Matthew's presentation on bylaws and membership includes miscellaneous information such as transfer of membership interests, resignation, termination or other involuntary separation, and liability.
Bylaws Provisions Related to Members of Non-Profits Section 3
Member Bylaws Quick Guide 3 (Run Time: 1 min. 57 sec.) - Section three introduces the selection of Directors for non-profits with members and includes director elections and cumulative voting.
Bylaws Provisions Related to Members of Non-Profits Section 2
Member Bylaws Quick Guide 2 (Run Time: 6 min. 50 sec.) - Section two of the presentation relates to bylaws provisions for meetings including notice of meetings, record dates, membership lists, frequency of meetings, quorum, and voting procedures.
Bylaws Provisions Related to Members of Non-Profits Section 1
Member Bylaws Quick Guide 1 (Run Time: 2 min. 55 sec.) - This section of the presentation offers information for non-profits that include members and considers membership qualifications, classes of members, and dues, fees, and other financial requirement.
Introduction to Non-Profit Organization Bylaws Section 3
Bylaws Introduction Quick Guide 3 (Run Time: 4 min. 19 sec.) - Third section of Professor Matthew's presentation explains contents of bylaws relating to members, directors, officers, and other general topics such as banking and insurance.
Introduction to Non-Profit Organization Bylaws Section 2
Bylaws Introduction Quick Guide 2 (Run Time: 3 min. 17 sec.) - Second section of Professor Matthew's presentation on the general contents of bylaws including topics such as powers, duration, earnings, and political activities.
Introduction to Non-Profit Organization Bylaws Section 1
Bylaws Introduction Quick Guide 1 (Run Time: 2 min. 43 sec.) - First section of Professor Mary Beth Matthew's presentation including an introduction to bylaws and how bylaws are adopted.
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