Legal Studies III_Chapter Ten Assignment
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Houston Community College *
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112
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Law
Date
Feb 20, 2024
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Chapter 10 Reading Assignment 1.
Locate the case Lenz v. Universal Music Corp., 815 F.3d 1145, 1151 (9th Cir. 2016). What did the court state about when it would review legislative history? The court looks to legislative history only if statute is unclear.
2.
Use United States Code Congressional and Administrative News. a.
To which topic or act does Public Law 112-29 relate?
An act to amend title 35, United States Code, to provide for patent reform.
b.
Use the Legislative History volume for your Public Law Number and locate the House Report for your Public Law. H Rept. 112-98
i.
Review page 40 of the Report. What new system is created by the Act? The Act creates a new “First-inventor-to-file-system” for patent applications.
ii.
Review page 73 of the Report. Does the legislation contain any earmarks? H.R. 1249 does not contain any congressional earmarks.
iii.
Review page 67 of the Report on Direct Spending. By what amount did the Congressional Budget Office estimate that enacting the legislation would reduce direct spending? CBO estimates that enacting the bill would reduce net direct spending by $725 million.
iv.
Which volume of the Congressional Record includes debates and information relating to this legislation? Cong. Record Vol. 157 (2011)
v.
Review the Dissenting Views. Briefly, why did John Conyers write a dissenting view? He thought the legislation does not represent an overall improvement over the status quo and as presently drafted is not one that he could support.
3.
Use United States Code Congressional and Administrative News. a.
To which topic or act does Public Law 115-43 relate? An act to amend the Homeland Security Act of 2002 to make the Assistant Secretary of Homeland Security for Health Affairs responsible.
b.
Use Table 6 for the 115th Congress. Locate the following information relating to this Act. i.
When was this Act approved?
June 30, 2017
ii.
What was its number in the House? H.R. 1238
iii.
Give the date on which the Act was passed by the Senate. May 24, 2017
iv.
Give the date on which the Act was passed by the House. March 22, 2017
v.
Give the House Report Number. H Rept. 115-42
4.
Use the most recent C.F.R. Index. a.
Which C.F.R. title and part deal with flammability standards for children’s sleepwear (size 3)?
eCFR :: 16 CFR Part 1615
b.
Which C.F.R. title and part deal with labeling and advertising for malt beverages and beer? eCFR :: 27 CFR Part 7
i.
Review this part. Review the section within the part relating to comparative advertising. If a producer advertises taste test results, what procedures must it meet? The taste test procedure used must meet all scientifically accepted procedures ( and cannot be disparing, deceptive or misleading.) (1) Taste test results may be used in advertisements comparing competitors' products unless they are disparaging, deceptive, or likely to mislead the consumer. (2) The taste test procedure used shall meet scientifically accepted procedures. An example of a scientifically accepted procedure is outlined in the Manual on Sensory Testing Methods, ASTM Special Technical Publication 434, published by the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103, ASTM, 1968, Library of Congress Catalog Card Number 68–15545. (3) A statement shall appear in the advertisement providing the name and address of the testing administrator.
ii.
What provision governs your answer? The applicable provision is found in Title 27 of the Code of Federal Regulation
Administrative Law
5.
( We Do Not have Access to this information in Westlaw) Use the Wages-Hours volumes for the CCH Labor Law Reporter. a.
Review Paragraph 28,724 relating to who are family members for purposes of the Family and Medical Leave Act. Is an employee’s 16-year-old stepchild a “son or daughter” as that term is used in the Act? Yes. An employee's 16-year-old stepchild is included.
b.
Review subparagraph .10, entitled “Family Member Status in General.” Is a common law spouse a “spouse” within the meaning of the Act? Answer the question and briefly explain your answer. 6.
Locate the case published in volume 2016-2017 of NLRB Decisions ¶ 16,209. a.
Give the brief name of the case. b.
What did the NLRB order? c.
Generally, what remedy was ordered by the NLRB?
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