Case summary:The FTC was entrusted with the duty to adjudicate the matters relating to advertisement and fair trade practices. The FTC was entrusted with the duty for decades. The FTC started making rules which distinguished between fair and unfair trade practices.In the due process right of participants was limited in cases of violation of these rules. The process did not include the stage of cross-examination. The person who is booked for violating the rules will be given full adjudication but the legitimacy of the rule cannot be challenged in any case. It was more certain that the party charged with the violation of such rules will be adjudicated. The challenge against the new rules was filed in the court on the ground of limiting the rights of parties.
To find:The factors that are responsible for upholding the rule.
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Chapter 23 Solutions
The Legal Environment of Business: Text and Cases
- The 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…arrow_forwardWisconsin passes a state law that bans all semi-trucks from carrying double-trailers on roads in our state (see picture below). The state's ostensible reason for passing the law is to reduce accidents on the road. Double-trailers a more likely to be involved in accidents than single-trailer semis. A national trade group representing freight companies sues the state, arguing that the law violates the Dormant Commerce Clause. Would the state law violate the Dormant Commerce Clause? Explain your decision.arrow_forwardKennecott Copper Corp. brings a challenge to an Environmental Protection Agency (EPA) order that rejected a portion of the State of Nevada’s implementation plan dealing with the control of stationary sources of sulfur dioxide (SO2). All of the SO2 emissions come from a single source—the Kennecott copper smelter at McGill. The EPA bases its decision on the belief that the Clean Air Act National Ambient Air Quality Standards (NAAQS) must be met by continuous emission limitations to the maximum extent possible and that the Act permits the intermittent use of emission controls only when continuous controls are not economically feasible. Kennecott contends that the EPA must approve any State implementation plan that will attain and maintain an NAAQS within the statutory time period. Who will prevail? Why?arrow_forward
- A State statute empowered public school principals to suspend students for up to ten days without any notice or hearing. A student who was suspended for ten days challenges the constitutionality of his suspension on the ground that he was denied due process. Was due process denied? Explain.arrow_forwardIn 1975, after the war in Vietnam, the U.S. government discontinued draft registration for men in this country. In 1980, after the Soviet Union invaded Afghanistan, President Jimmy Carter asked Congress for funds to reactivate draft registration. President Carter suggested that both males and females be required to register. Congress allocated funds only for the registration of males. Several men who were subject to draft registration brought a lawsuit that challenged the law as being unconstitutional, in violation of the Equal Protection Clause of the U.S. Constitution. The U.S. Supreme Court upheld the constitutionality of the draft registration law, reasoning as follows: The question of registering women for the draft not only received considerable national attention and was the subject of wide-ranging public debate, but also was extensively considered by Congress in hearings, floor debate, and in committee. The foregoing clearly establishes that the decision to exempt women…arrow_forwardAssume 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.arrow_forward
- Regarding legality, the first right granted to minors in contract law cases is the right to dis-affirm. How would you "standardize or structure" the following rule of law regarding dis-affirming for minors? In its current state, it appears to be clear as mud! "Dis-affirming occurs when the minor states, either in a verbal declaration or by their actions, that they no longer intend to be bound by the terms of the contract to which they are a party. Upon reaching the age of majority, the minor may choose to disaffirm the contract they were entered into while in the minority. If they do not disaffirm the contract within a reasonable period of time, they are considered to have ratified the contract."arrow_forwardThe Case of Baylor University Patty Crawford, the Title IX coordinator at Baylor from November 2014 to October 2016, was hired to coordinate the institution’s Title IX compliance when this case took place (Baylor University, n.d.). Like all Title IX coordinators, Crawford’s role was a comprehensive administrative role that bears the responsibility of ensuring that campuses prevent and respond to gender discrimination, including sexual misconduct. This role spans duties related to grievance process management, victim assistance, organization management, and climate management (Lake, 2017). In addition to managing the institution’s compliance, Title IX coordinators also craft comprehensive training and awareness strategies to ensure students, employees, and other campus stakeholders are aware of how to identify and report sexual misconduct and what resources are available to students regardless of whether they choose to proceed with the grievance process. Crawford alleged that she was…arrow_forwardCatherine Bosley worked as a television news anchor for WKBN Channel 27 in Youngstown, Ohio. While on vacation with her husband in Florida she participated in a “wet t-shirt” contest, which was videotaped without her consent by DreamGirls, Inc. and licensed to Marvad Corp., which runs a Web site for adult entertainment through a subscription service on the Internet. Marvad used depictions of her in advertisements to promote the materials and services it markets. Web site searches related to Catherine Bosley in 2004 were the most popular search on the World Wide Web. Due to the publicity, she resigned from her position at WKBN. Bosley sought an injunction against the defendants from using her image in any manner that promotes the sale of their goods or services. The defendants contend that an injunction would violate their First Amendment rights. [Bosley v. Wildwett.com, 310 F. Supp. 2d 914 (N.D. Ohio)] 2.2. ) Provide a paragraph with more than five sentences (i.e., in the section for…arrow_forward
- The Abercrombie & Fitch Religious Discrimination Case The U.S. Supreme Court, in a 2015 case involving Abercrombie & Fitch, ruled that that “an employer may not refuse to hire an applicant for work if the employer was motivated by avoiding the need to accommodate a religious practice,” and that doing so violates the prohibition against religious discrimination contained in the CRA of 1964, Title VII. According to the EEOC general counsel David Lopez, “This case is about defending the American principles of religious freedom and tolerance. This decision is a victory for our increasingly diverse society.”22 The case arose when, as part of her Muslim faith, a teenage girl named Samantha Elauf wore a hijab (headscarf) to a job interview with Abercrombie & Fitch. Elauf was denied a job because she did not conform to the company’s “Look Policy,” which Abercrombie claimed banned head coverings. Elauf filed a complaint with the EEOC alleging religious discrimination, and the EEOC,…arrow_forwardThe Endangered Species Act (ESA) charges the National Marine Fisheries Service (a federal agency) with the duty to “ensure” that any proposed action by the council does not “jeopardize” any threatened or endangered species. The Steller sea lion is on the list of endangered species. The agency developed a North Pacific marine fishery plan that permitted a significant harvest of fish by commercial fisheries in the area. Greenpeace, an environmental group, challenged the agency on the grounds that the plan was not based on a sufficient number of biological studies on the impact of the allowed fishing on the Steller sea lion. Greenpeace’s biologic opinion concluded that the fishery plan would reduce the level of food for the sea lions by about 40% to 60% if the juvenile fish were not counted in that figure. Greenpeace’s expert maintained that counting juvenile fish was misleading because they were not capable of reproducing and the government agency’s figure was, as a result, much lower at…arrow_forwardExplain the factors weighed by courts to determine whether the fair-use doctrine provides a valid defense to a claim of copyright infringement. Describe the nature and classifications of property. Explain the difference between real property, personal property, and intellectual property. Which one would you rather own? Explain why. Provide an example of each.arrow_forward
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