University of Arkansas Legal e Source

Introduction To Federal Administrative Law

2009-03-05T13:48:00.002-08:00

Section 6 (Total Run Time: 3 min. 53 sec.)

Avoiding Disputes

Presented by Christopher Kelley

Introduction To Federal Administrative Law Section 5

2009-03-05T13:48:00.001-08:00

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

2009-03-05T13:47:00.000-08:00

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

2009-03-05T13:46:00.000-08:00

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

2009-03-05T13:45:00.000-08:00

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

2009-03-05T13:44:00.000-08:00

Section 1 (Total Run Time: 8 min. 28 sec.)

What Is An Agency?
Types of Agencies
Departments
“Freestanding” Agencies
Typical Features of Independent Agencies

Presented by Christopher Kelley

Section 501(c)(3) Basics Section 5

2009-03-05T13:42:00.000-08:00

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

2009-03-05T13:41:00.000-08:00

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

2009-03-05T13:36:00.002-08:00

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 2

2009-03-05T13:36:00.001-08:00

Section 2 (Total Run Time: 5 min. 20 sec.)

7 components to status

Presented by Will Foster

Section 501(c)(3) Basics Section 1

2009-03-05T13:31:00.000-08:00

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

Choosing a Lawyer Section 3

2009-03-03T06:40:00.000-08:00

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

2009-03-03T06:39:00.000-08:00

Section 2 (Total Run Time: 8 min. 32 sec.)

Quality = Reputation
Trust
Cost
Personality

Presented by Mike Mullane

Choosing a Lawyer Section 1

2009-03-03T06:37:00.000-08:00

Section 1 (Total Run Time: 8 min. 37 sec.)

What does a lawyer do for you?
Look for Experience

Presented by Mike Mullane

The University of Arkansas Law Library

2009-03-03T06:35:00.000-08:00

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

Presented by Randy Thompson

Immigration Issues in Employment: The I-9 and Discrimination Section 3

2009-03-03T06:34:00.000-08:00

Section 3 (Total Run Time: 3 min. 48 sec.)

Tips

http://www.uscis.gov/

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

2009-03-03T06:33:00.000-08:00

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

2009-03-03T06:31:00.000-08:00

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

2009-03-03T06:29:00.000-08:00

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

2009-03-03T06:23:00.000-08:00

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

2009-03-03T06:19:00.000-08:00

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

2009-03-03T06:18:00.000-08:00

Section 1 (Total Run Time: 2 min. 50 sec.)

Basic Statistics
Basic Facts on HIV/AIDS
HIV Transmission
Treatment – Ability to Work

Presented by D’lorah Hughes

Conflict Resolution Section 2

2009-03-03T06:16:00.000-08:00

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

2009-03-03T06:15:00.000-08:00

Section 1 (Total Run Time: 4 min. 40 sec.)

Definition of Conflict
Types of Conflicts

Constructive Conflict
Destructive Conflict

Presented by Tara Mullen

Gift and Estate Planning Section 3

2009-03-03T06:14:00.000-08:00

Section 3 (Total Run Time: 5 min. 45 sec.)

Life Income Gifts

Types (Charitable Trusts)

Gift and Estate Planning Section 2

2009-03-03T06:13:00.000-08:00

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

2009-03-03T06:11:00.000-08:00

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

Non-profit Insurance Needs and the Abrogation of Charitable Immunities Section 4

2009-03-02T14:41:00.000-08:00

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

2009-03-02T14:34:00.000-08:00

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

2009-03-02T14:32:00.000-08:00

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

2009-03-02T14:26:00.000-08:00

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

2009-03-02T14:20:00.000-08:00

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

2009-03-02T14:19:00.000-08:00

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

2009-03-02T14:07:00.000-08:00

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 7

2009-03-02T14:05:00.000-08:00

Section 7 (Total Run Time: 7 min. 00 sec.)

Limits to Cooperatives

Presented by James Baarda

Introduction to Cooperatives:Businesses Serving Members Section 6

2009-03-02T14:04:00.000-08:00

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

2009-03-02T14:03:00.000-08:00

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

2009-03-02T14:02:00.000-08:00

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

2009-03-02T14:01:00.000-08:00

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

2009-03-02T13:59:00.000-08:00

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

2009-03-02T13:56:00.001-08:00

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

2009-03-02T13:54:00.000-08:00

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

2009-03-02T13:52:00.000-08:00

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

2009-03-02T13:50:00.000-08:00

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

2009-03-02T13:49:00.000-08:00

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

2009-03-02T13:45:00.000-08:00

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

2009-03-02T13:44:00.000-08:00

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

2009-03-02T13:30:00.000-08:00

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 3

2009-03-02T13:29:00.000-08:00

Leases (Total Run Time: 14 min. 03 sec.)

Regular leases
Finance leases

Presented by Janet Flaccus

Buying of Goods Section 2

2009-03-02T13:28:00.000-08:00

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

2009-03-02T13:27:00.000-08:00

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

2009-03-02T13:26:00.002-08:00

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

2009-03-02T13:26:00.001-08:00

What is Covered by Workers' Compensation (Total Run Time: 04 min. 46 sec.)

Accidental injuries

Presented by Scott Zuerker

Workers' Compensation Section 2

2009-03-02T13:25:00.001-08:00

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

2009-03-02T13:24:00.000-08:00

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

2009-03-02T13:23:00.000-08:00

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

2009-03-02T13:22:00.000-08:00

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

2009-03-02T13:20:00.000-08:00

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

2009-03-02T13:18:00.000-08:00

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

2009-03-02T13:16:00.000-08:00

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

2009-03-02T13:14:00.000-08:00

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

2009-03-02T13:13:00.001-08:00

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.

Bylaws Provisions Related to Directors of Non-Profits Section 3

2009-03-02T13:12:00.000-08:00

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.

Bylaws Provisions Related to Directors of Non-Profits Section 2

2009-03-02T13:11:00.000-08:00

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.

Bylaws Provisions Related to Directors of Non-Profits Section 1

2009-03-02T13:07:00.000-08:00

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.

Bylaws Provisions Related to Members of Non-Profits Section 4

2009-03-02T13:06:00.000-08:00

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

2009-03-02T13:04:00.000-08:00

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

2009-03-02T13:03:00.000-08:00

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

2009-03-02T13:01:00.000-08:00

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

2009-03-02T12:59:00.000-08:00

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

2009-03-02T12:58:00.000-08:00

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

2009-03-02T12:50:00.000-08:00

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.