Write a summary of the Commerce Clause and its effect on business activity, discussing the evolution of the Commerce Clause after reading: Gibbons v. Ogden, 22 U.S. 1 (1824); Wickard v. Filburn, 317 U.S. 111 (1942); Heart of Atlanta Motel Inc. v. United States, 379 U.S. 241 (1964);and United States v. Alfonso D. Lopez, Jr., 514 U.S. 549 (1995).
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Write a summary of the Commerce Clause and its effect on business activity, discussing the evolution of the Commerce Clause after reading: Gibbons v. Ogden, 22 U.S. 1 (1824); Wickard v. Filburn, 317 U.S. 111 (1942); Heart of Atlanta Motel Inc. v. United States, 379 U.S. 241 (1964);and United States v. Alfonso D. Lopez, Jr., 514 U.S. 549 (1995).
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- In the context of the First Sale Doctrine (17 U.S.C. § 109), which statement accurately describes its application to the distribution and resale of copyrighted material? Note that we had this business case when we were studying Netflix during their before streaming DVD rental era. The First Sale Doctrine allows for the unlimited reproduction and distribution of copyrighted digital content without the need for permission from the copyright holder The First Sale Doctrine requires companies to obtain permission from the copyright holder for each rental or resale of a physical copy of digital content, limiting the availability of titles for companies like Netflix The First Sale Doctrine permits the resale or rental of physical copies of digital content, such as DVDs, without requiring authorization from the copyright holder, enabling companies like Netflix to offer a wide variety of titles The First Sale Doctrine only protects the resale or rental of purely digital copies,…Loren has invented a product that detects water leakages caused by broken pipes and sends out an alarm similar to a smoke alarm. However, Loren does not have sufficient finances to invest in this new product. Therefore, he borrows money from his friends to enter the market and begins to experience some success. The product is not patentable because it is too similar to other existing technologies. Major corporations have seen his success and have now entered the market with competing products. Define, in detail, what will be the probable destiny of Loren's company?In Salman, the Supreme Court adopted the Ninth Circuit's interpretation, finding that an insider-tipper receives a personal benefit where the tipper makes a gift of inside information to a trading relative or friend, and rejecting the additional requirements imposed by the Second Circuit in United States v. Newman. Critically, discuss Salman v. United States 1 580 U.S., 137 S. Ct. 420 (2016) as it relates to insider dealing in the USA. You are required to discuss the law before Salman, namely a review of the "Classical", The "Misappropriation" Theory and the "Deceptive Device" or "Affirmative Misrepresentation" Theory. Did Salman establish a new prescedent as it relate to insider dealing? Students will be assessed using a short answer assignment in the form of a case study. The case study will be assigned by the CI and covers a variety of course objectives outlined in the course | modules. Students are expected to provide an in-depth analysis of the case provided. They will be required…
- Distinguish the legal expressions used in the creation of precedents, ratio decidendi and obiter dicta. How does a persuasive precedent differ from a binding precedent and are courts always bound by such precedents?In Salman, the Supreme Court adopted the Ninth Circuit’s interpretation, finding that an insider-tipper receives a personal benefit where the tipper makes a gift of inside information to a trading relative or friend, and rejecting the additional requirements imposed by the Second Circuit in United States v. Newman. Critically, discuss Salman v. United States 1 580 U.S., 137 S. Ct. 420 (2016) as it relates to insider dealing in the USA. You are required to discuss the law before Salman, namely a review of the “Classical”, The “Misappropriation” Theory and the “Deceptive Device” or “Affirmative Misrepresentation” Theory. Did Salman establish a new precedent as it relate to insider dealing? For each issue, compare both existing legislations and or the case laws with the facts presented in this case.Red Cross insurance company provide 8 million Americans with health-care financing. They paid millions of dollars for care attributable to illnesses related to tobacco use. In 1998, to recover some of this money, they sued the tobacco companies alleging fraud. They claimed that since 1953 the defendants conspired to addict millions of Americans to cigarettes and other tobacco products by misrepresenting the safety of nicotine and its addictive properties. The defendants’ success caused lung, throat, and other cancers, as well as heart disease, stroke, emphysema, and other illnesses to members of Red Cross plans, which Red Cross was required to pay. At trial, the defendants asked the court to dismiss the case on the ground that the plaintiffs did not have standing to sue. Does Red Cross have standing in this case? © a. No, Red Cross does not have standing because their claim should be filed against the insured who chose to smoke and risked these illnesses. b.…
- SECTION D Read the following extract and then answer the question belowA client is interested in setting up a business and does not know which form of business to use. He has been told that he can form a sole proprietorship, or partnership, or a limited liability company. He comes seeking for business advises on the advantages and disadvantages of a registered company. Make a comparison between a sole proprietorship, partnership, and a limited liability company.Frank places a sign in his front year supporting a law which would deport all non-Caucasian immigrants from the U.S. Emily places a sign in her front yard supporting a candidate in an upcoming election. Miguel places a sign in his front yard supporting a law which requires ride-sharing companies (like Lyft) to properly pay their drivers. Assuming their city adopts an ordinance which prohibits all signs being placed in any resident's front yard, who will be permitted to keep displaying their sign? Choose all of the correct answers. A. Frank B. Emily C. MiguelThe State of Florida has passed a statute nullifying any marriage that has previously been recognized, as well as outlawing any future marriages, for anyone who did not attend college. The statute gives no notice to any married couple and gives them no ability to challenge the statue. This statute has been challenged as unconstitutional by a group of married individuals as well as marriage equality groups. The groups have filed a Writ of Certiorari with the Supreme Court of the United States, which was granted. You are a law clerk for one of the nine Supreme Court Justices. Your task is to outline what arguments might be filed in a brief filed by both sides of this issue, so your Justice will be prepared for the arguments made by either side. Please include arguments for those supporting and those opposing the law. These arguments should focus on: 1. The Equal Protection clause and the Due Process Clause (what analysis will a court perform to decide if there is a violation of these…
- In US Supreme Court case O'Hagan v. United States (1997), O'Hagan was a lawyer working for Grand Met, a company that was secretly planning to make a tender offer for the stock of Pillsbury, the 'target' firm. O'Hagan bought call options on that stock before Grand Met offer went public. The misappropriation theory articulated by the Court's majority in this case is also called the theory of 'outsider' (rather than 'insider') trading. That is because 0'Hagan was not an insider of Pillsbury, the target. He was an outsider who did not owe a fiduciary duty to the shareholders of Pillsbury. The Court's majority held that he did, however, owe a fiduciary duty to Grand Met, the outside firm holding private material information releyant to the future value of Pillsbury stock.(T/F/U and Why?)In Salman, the Supreme Court adopted the Ninth Circuit’s interpretation, finding that an insider-tipper receives a personal benefit where the tipper makes a gift of inside information to a trading relative or friend, and rejecting the additional requirements imposed by the Second Circuit in United States v. Newman. Critically, discuss Salman v. United States 1 580 U.S., 137 S. Ct. 420 (2016) as it relates to insider dealing in the USA. You are required to discuss the law before Salman, namely a review of the “Classical”, The “Misappropriation” Theory and the “Deceptive Device” or “Affirmative Misrepresentation” Theory and dicuss how it relates to the case. Did Salman establish a new precedent as it relate to insider dealing? Write a case analysis between 2000-3000 words.1. How does a persuasive precedent differ from a binding precedent and are courts always bound by such precedents? a. What are the three main methods in which the doctrine of precedent operates within a legal system?