Assignments & Syllabus will be available on BBLearn (https://bblearn.uidaho.edu/webapps/login)
General Information and Syllabus #1 (pdf)
Study Guide 1 (pdf)
Law 809 section 02: Torts with Professor Lillard
The main text is "Cases and Materials on Tort Law and Alternatives," Ninth Edition, by Franklin and Rabin (“text”), supplemented by selections from "Negligence: Idaho Cases and Materials," 4.5 (2013), by Professor Dale Goble of the University of Idaho College of Law (“Goble”).
Do not attempt to use other editions of these books.
For the first day of class (Monday, Aug 22) please read: Text 35- 38 (thru note 3); Goble 45-47; also read, as background, Text 9-17 . In the week of Aug 15 I will be emailing you a study guide, which you should read and think about before class. The most important question on the study guide is: Last names A-L, think like plaintiff (Mr. Brown’s) lawyer. Last names M-Z, think like defendant (Mr. Kendall’s) lawyer. After reading the outcome and reasoning of the case, how should you tell the story of what happened, with your client’s interests in mind? Do not add or change any facts from those given by the court, but do consider your verbs, your adverbs, your nouns and your adjectives. Do not include any law or conclusions of law - just the facts. Be prepared to be called on to tell the story to the class. No need to turn anything in to me.
General Information & Syllabus (pdf)
"Eyeball" case (pdf)
Henderson Mint Case (pdf)
The text is Franklin, Rabin & Green, 9th edition. Please do not use any other edition.
For the first day of class, please read in the text: Brown v. Kendall, p. 35; Tarasoff, p. 151; Strauss, p. 168; Palsgraf, p. 418; Escola, p. 557, and Henderson v. Cominco American, 95 Idaho 690, 518 P.2d 873 (1974)(this case will be attached to the syllabus emailed to you in the week of Aug 15, or you can look it up — a hard copy will eventually be provided). Just read and appreciate the cases as they stand; do not get into the notes, etc. Come to class prepared to explain: what a tort is; what the goals, constraints, and recurring issues are in the law of torts; what negligence is; what is the prima facie case for negligence is; and how the elements of the prima facie case fit together. Come to class flexible in your vocabulary. Professor B. Cover, Professor Goble and I may all use different words, as do the various cases and Restatements. Can you understand the concepts even if the labels are different?
The first day of class is Tuesday, Aug 23, at 3:30 pm.
Reading Assignment (pdf)
NY Times Magazine Article (pdf)
Consent vs. Closure (pdf)
Summary of Facts (pdf)
Adams vs. US (pdf)
Reading Assignment for Wed. August 31 (pdf)
Notes & Questions (pdf)
Certifying a Litigation (pdf)
Patrykus v Gomilla (pdf)
Tyson Foods (pdf)
WalMart v Dukes (pdf)
First Week’s Assignment
- Aug. 22: Read Loren & Miller, Chapter 1, pages 1–28
- Aug. 24: Read Loren & Miller, Chapter 2, pages 29–58
Topics ScheduleThe schedule below is preliminary and subject to modification as time and other considerations require.
- Introduction to Intellectual Property Law Aug. 22
- Trade Secret Law Aug. 24–Aug. 31
- Patent Law Sept. 7–Sept. 28
- Copyright Law Oct. 3–Oct. 19
- Trademark Law Oct. 24–Nov. 16
- Intellectual Property Remedies Nov. 28
- Review Nov. 30
- Final Dec. 14, afternoon