Week Four Make-up. Define, comment upon, and give examples from your eBook
Chapter 6

1. APA for agencies: requires agencies to follow certain uniform procedures in making rules. arbitrary and capricious – this is the standard for challenging and agency action, an abuse of discretion or in violation of some other law. It requires the agency to show evidence to support the proposed rule, without the evidence the rule can be called arbitrary and capricious. – this can be set aside

ultra vires- beyond it’s power, one that goes beyond the authority given to the agency in its enabling act substantial evidence test – the rule requires that more convincing evidence exists in support of the regulation than against it

unconstitutional- pg 199

public comments period. Pg 190 -One of the purposes for publishing proposed rules is to allow the public an opportunity to review and provide input on the proposed rules. The period during which the agency accepts comments on the rule

standing equal protection violation of 24th Amendment unlawful poll tax violation of the 14th Amendment discrimination First Amendment.

2. Unauthorized appropriation is a privacy tort – using someone's name, likeness, or voice for commercial advantage without his or her permission. The Midler case specifically used the California law of appropriation to decide the case.
In order to sue for palming off, the owners would need to show that the product would create consumer confusion. On page 520, the author of the textbook uses the example of DeBiers instead of DeBeers (diamonds) as a “potentially confusing” name.

Palming off, one of the oldest unfair methods of competition, occurs when one company sells its product by leading buyers to believe it is really another com- pany’s product

The tort of misappropriation is a form of protection for a business whose trade