Role and Functions of Law Paper
LAW/421
November 5, 2013

Based on reading from the week 1 material and the case brief given from week 1, there will be an explanation of how the Supreme Court’s language and results of the case reviewed show the preemptive power of congress in upholding the laws set forth by congress in opposition from the State Law. There will also be a review of the rulings effect on other states and peoples’ rights. The review of congresses decision about preempting state law in this case shows that the government has supreme rule over the land and in this case used it to protect the tobacco industry. Business law and law in society will also be reflected upon and how it might relate to a past or present job opportunity. In review of the Case Brief Cipollone v. Liggett Group, Inc., given the results of the case, the preemption power of congress is too narrow. The basis for this case was the fact that the state law was conflicted with federal law regarding advertising and marketing techniques for the tobacco industry. Federal law is supreme when there are conflicting issues. A reason this could be viewed as too narrow, is because if there are any conflicting laws between state law and federal law there should be language in the statute that directly states the regulations and requirements or if there is not a direct statement, the state law would be preempted if it conflicts in any way with federal law. The Supreme Court’s ruling does not bar any resident from New Jersey or any other state, from bringing a suit against the tobacco companies. It shows that there were specifically enacted laws set-forth by congress that addresses the tobacco companies and how they can market and label the product. Based on this case, any person has the right to legally go after a tobacco company. This case is a great example of how state rules cannot conflict with federal law because the Supreme Court will use the Supremacy Clause to overrule the state law. Congress would want to preempt state law regarding the advertising and promotion of tobacco products because of taxes. The Federal Government makes money from cigarette sales and manufacturing. By congress being involved at a federal level it prevents the states from becoming involved at and preventing this flow of income for the Federal Government. Tobacco has recently been an increasing health issue and the government is protecting the tobacco industry. One reason for this could be the influence of the big tobacco companies in politics and how they can contribute to certain persons to get laws enacted in their favor. The functions and role of law in business and society are vast and must be narrowed down for better understanding. Law is important to businesses because it not only protects the business but it gives the business guidelines to follow to ensure fair dealing and also reliability of business transactions. It important that a business understand that there are rules that must be followed when conducting day-to-day transactions and they will be held accountable for their actions. Law regulates society by also holding individuals accountable for their actions. The law essentially defines the rules and also defines what happens if the rules are broken by an individual or business. The law affects my current position in sales and construction because when I moved into this position and with my current employer, I came from a competitor. This caused a few legal issues with proprietary manufacturing processes and my knowledge of these processes. I was required to sign confidentiality agreements about not sharing the information and processes I learned at my previous employer. The law protects my previous employer by not allowing me to share their manufacturing secrets with my current employer. After reviewing the case it appears that many of the laws enacted by congress are intended to protect certain industries or people in industries against local and state law. This helps avoid further litigation for the same issues time and again. This case showed the jurisdiction of where federal law and state laws are protected and how effective they are in court.

References

Melvin, S. P. (2011). The legal environment of business A managerial approach. New York, NY: McGraw-Hill/Irwin. Retrieved from University Of Phoenix, LAW421-Contemporary Business Law website.
Mark L. Pugatch / University of Phoenix. (2013). Law 421-Business Law-Week1. Retrieved from University of Phoenix, LAW421 website.