Preemption occurs when Congress chooses to act exclusively on a subject over which then federal government shares power with the states. True or false
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Preemption occurs when Congress chooses to act exclusively on a subject over which then federal government shares power with the states.
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- Identify and explain the forms of intellectual property, how long protection of one's rights lasts, and what remedies one can seek for an infringement of one's IP (Intellectual Property).In this chapter, we stated that the doctrine of stare decisis "became a cornerstone of the English and American judicial systems." What does stare decisis mean, and why has this doctrine been so fundamental to the development of our legal tradition? Also, what is the name commonly given to our legal tradition, as inherited from the English system?The U.S Supreme Court requires that any condemned property must be put into use for the general public. True False
- Assume Illinois passes a law requiring doctors to be certified before providing medical services to citizens of Illinois. You represent a client who is licensed to practice medicine in Indiana. Your client recently administered a drug to a patient in an emergency room of an Illinois hospital located right across the border of Indiana and Illinois. She is fined $50,000 and refuses to pay. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional as applied to her.Business law discussIn eminent domain cases, an individual private party may not benefit from the government's taking of private property for a public purpose. True False
- When a corporation wishes to issue certain securities, it must provide sufficient information for an unsophisticated investor to evaluate the financial risk involved. Specifically, the law imposes liability for making a false statement or omission that is "material." What sort of information would an investor consider "material" pursuant to the Securities Exchange Act of 1934? Be sure to explain the Act and provide two recent case examples where material representation or omission amounted to securities fraud in violation of SEC Rule 10b-5.John works as an engineer for a technological company, and Maria works as a sales executive for a competitor business. Maria reminded John that her profession contains sensitive information, and she cautions him not to reveal anything he learns from her work to anyone. While attending a conference, John overheard two executives from Maria's company discussing a new product launch. He chooses to buy a modest amount of Maria's company's shares, intending to profit from the predicted increase in the company's stock price following the product launch. John double-checked his company's regulations to ensure that there was no conflict of interest or limitation on the purchase. However, as a result of unanticipated factors, the product introduction was delayed, and the stock price of Maria's company fell instead. Instead of the predicted profit, John's investment resulted in a loss. Question : In the view of conflict of interest of ethics in financial analysis, state the key points of the…1. Regarding the Endangered Species Act (ESA), the following statement is true: The act limits its scope to protection with no recovery plans for the species it protects. The act does not allow courts or regulators to take economic factors into consideration in applying its provisions. The act was passed in the year 1952 under the guidelines given by the panel on the Council on Environmental Quality. The act has its scope limited to private businesses. The act provides for exemptions that are applicable to private activities for certain important federal projects. 2. Under the Securities and Exchange Commission's (SEC) quasi-judicial power, it has the right to regulate the various stock exchanges. appoint commissioners. conduct investigations. create legislation relating to federal securities laws.…
- Shawn buys 50 widgets at a store closing sale. He buys the widgets intending to use them around the house. He only uses 25, though, and decides to sell the remaining widgets online. Shawn lives in Colorado. He finds an individual buyer, Victoria, in Italy. Does the CISG apply if there is an issue with this contract? O No, because at least one party must be a merchant. Yes, because the contract does not state that the CISG does not apply. O Yes, because the CISG automatically applies when two signatory country parties enter into a contract. No, because the contract does not state that the CISG applies. O No, because these are two consumers.Toshiba Corporation, a Japanese electronics and engineering conglomerate with headquarters in Tokyo, produces a wide range of products, including personal computers, semiconductors, consumer electronics, household appliances, and nuclear power plant systems. The company also provides an array of services, such as those focused on information technology, communications, and nuclear reactor construction and operation. In May 2015, Toshiba formed an outside panel to investigate potential accounting irregularities at the company. The formation of such an outside panel is an accepted procedure for companies in Japan, where corporate boards of directors are composed primarily of company executives, with few independent outside directors. An outside panel is typically formed to investigate matters that may involve improprieties by senior managers and executives. Toshiba's CEO, Hisao Tanaka, resigned in July 2015 when the investigation uncovered that he was aware that Toshiba profits had been…This case describes a hypothetical situation faced by a fictitious international conglomerate, ICL, that intends to enter the retail grocery market in Hong Kong. The conglomerate's interest in the Hong Kong supermarket industry was initially kindled by the plan of Hutchison Whampoa, Ltd. (HWL) to sell its leading supermarket chain PARKnSHOP in August 2013. However, in October 2013, HWL reversed course and decided not to sell PARKnSHOP, saying that the sale would not deliver maximum value to its shareholders. Before embarking into new territory, ICL wanted an in-depth understanding of the Hong Kong grocery market environment, competitors, and potential barriers to entry. The conglomerate was aware that the new Competition Law, which was expected to take effect in 2015, might have profound implications on the grocery market landscape in Hong Kong. Case Study Questions Analyze the competitive environment of the supermarket industry in Hong Kong and the competitive response of the two…