...State of Confusion Paper State of Confusion Paper The state of Confusion has over stepped its authority when it passed a law regulating trailer hitches on its roads. This regulation is in direct conflict with the commerce clause of the U.S. Constitution, Article 1 Section 8. This gives Tanya only one option in choosing a court to fight the unjust regulation. She must take her case to the federal court. This gives Tanya the best chance at overturning the state of Confusion’s regulation on trailer hitches. The Supremacy Clause also gives Tanya a chance to fight the states regulations. The supremacy clause states that all state judges must follow federal law when federal and state laws conflict. Using both of these clauses to fight the state of confusions’ regulations, Tanya has enough ammunition. The Federal District Court system will have jurisdiction over all matters arising under the Constitution, laws, or treaties of the United States. Regulations can be tricky when deciding constitutionality in the federal court system. Taxations are generally accepted when passed by state legislators. Under the Constitution, regulations that impact interstate commerce and pose a direct burden are deemed impermissible. Tanya can sue in the federal courts in the state of confusion for a declaratory judgment that the states regulations violate the commerce clause and are invalid because of the undue burden on interstate commerce the regulations impose. There are a few cases that the district...
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...of Columbia vs. Heller and Lopez vs. the United States: a look at Supreme Court gun law cases, rulings, and the current abuse of executive privilege under the Second Amendment. The Second Amendment to the Constitution is the right to keep and bear arms by every law abiding citizen in the United States. In this dialog, we will look at the aforementioned Supreme Court cases to better understand the limitations of the Central Governments ability to interfere with this individual right. In the case of the District of Columbia vs. Heller, the primary issue in this case was the complete ban of handguns in homes within the District of Columbia unless they are unserviceable. This case was brought by Dick Heller in an action claiming that a complete ban violates the 2nd Amendment right guaranteed to the citizens of this country. In the case of Lopez vs. the United States, Congress attempted to control where individuals could carry weapons through the invalid use and exercise of the commerce clause power. At first look into the District of Columbia vs. Heller case, the power to solicit and control gun regulation belongs to the States, not the Federal Government. The District of Columbia is not a state and therefore does not possess the authority to install gun regulations on the citizenry living there as they are residents of Maryland and Virginia and are so governed by the gun laws which exist in those states depending...
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...society The United States Constitution states in Article VI that the Constitution, and all laws made under it, “shall be the supreme Law of the Land”. These laws affect all persons and entities on a daily basis. In this paper I will specifically deal with the laws related to business and the authority bestowed upon the Congress under Article 1 section 8 of the Constitution, also known as the Commerce clause, and how those powers are addressed in the case of Cipollone v. Liggett Group, Inc. et al., 505 U.S. 504 (1992). Cipollone v. Liggett Group, Inc. et al., 505 U.S. 504 (1992). In the case of Cipollone vs. Liggett, the plaintiff, Cipollone, filed a lawsuit against tobacco manufacturer Liggett for violating New Jersey State statutes dealing with consumer protections (Melvin, 2011). The case was heard by the United States Supreme Court because of the contention that the New Jersey statutes were in conflict with United States federal law. The authority of the Court to hear a case of conflict between federal and state laws was spelled out in the case titled Marbury vs. Madison(1803) which gave the Court the power of judicial review of any laws thought to be in conflict with the US Constitution. The court ultimately ruled against the plaintiff finding that the New Jersey statutes did conflict with Federal law and were preempted because of this conflict. Commerce Clause The Commerce Clause of the US Constitution is found in Article 1, section 8 which states that the US Congress...
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...Professor Angela Bradrick Introduction This paper will examine the historic development of the American courts. It will define common law heritage and discuss the evolution of American law. It will also discuss, compare, and contrast the evolution of the United States courts, including state vs. federal, and trial vs. appellate courts. Common Law Heritage and the Evolution of American Law Back in the time of medieval England, common law heritage was established. Because of the unwritten laws of this time, judges used customs and societal norms to determine what laws were sufficient for what crimes. These were considered judge made laws. Judges would decide cases by using past rulings and sentencing to determine current similar cases; this was called stare decisis (Meyer & Grant, 2003). It was important for judges to use this procedure, making it a less difficult to prosecute each case independently. According to Meyer and Grant (2003), common law was un-codified, meaning these were unwritten laws. As stated earlier, judges used previous verdicts to identify what forms of prosecution and sentencing of law-breaking acts would be implemented in current cases. Codified laws, or written laws were also defined by pre-existing customs, but they were written statutes in which society could familiarize with and recognize as a law. The changes came about, when the common laws were codified to establish rules and regulations, thus becoming statutes. These statutes set...
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...Heather Norton State of Confusion University of Phoenix BUS/415 Leah M. Peer May 17, 2011 When a state enacts a law it is enforceable and any person who enters that state is responsible to abide by that law. If all transportation departments had fair, clear, and consistent rules and procedures for how out-of-state violations should impact home-state license privileges – and those agencies took responsibility for treating motorists fairly when problems arise (National Motorists Association, 2011). The State of Confusion requires Tanya Trucker and any other trucker to use a specific trailer hitch, when they drive through the state. Tanya Trucker is the owner of a trucking company, and she is upset that the Federal Government has not made any attempts to regulate the truck hitches used in the nation’s highways. In this paper the subject to analyze and determine what court has jurisdiction over Tanya’s suit, is the Confusion statue constitutional, the provisions of the U.S. Constitution that will be applied by a court to determine validity of the statue, is Tanya likely to prevail on her suit, and stages of a civil suit. The State of Confusion enacted a ruling requiring all truck and towing trailers that use Highways in confusion are required to use a B-type trailer hitch. This specific hitch is only produced by one manufacturer based in Confusion. This regulation states truck drivers need to attach the B-type hitch on their truck or they will be forced to...
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...Case Study Analysis XXXXXXXXXXXXXXXX HRM/552 Organizational Training and Development MBAX1CGU82 Sherri Johnson Workshop 2 May 26, 2014 Case Study Analysis The purpose of this paper is to review and select the case studies in Ch. 2 of Human Resource Management. The author will explain and summarize University of California Regents vs. Bakke case summary, the court’s ruling, how the court’s ruling may possibly impact the organization and for businesses in general, legal precedence the ruling sets for most businesses, and the role the federal enforcement agency plays in ensuring the organization’s compliance to regulation standards. Case Summary The University of California at Davis developed and implemented a special admissions program to increase enrollment of “disadvantaged” applicants, which meant minority students. The number of minority students increased. The special admissions goal was to fill 16 of the 100 positions with “disadvantaged” applicants whom would be selected by a special admissions committee. Allan Bakke, a Caucasian male, was denied admission to the school twice. Bakke brought a suit against the university on the grounds of Civil Rights Act violation and reverse discrimination, alleging preferential treatment of one group (minority or female) over another group opposed to equal opportunity (Byars & Rue, 2008). Court’s ruling The Supreme Court ruled in a five-to-four decision in favor of Allan Bakke and deemed the schools admissions...
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...The Payback Period is the tool that is used to determine how long it takes for the project to recover its initial costs for funding the project. The Net Present Value shows how the present project will affect the company. The Internal Rate of Return reveals the discount rate if the NPV equals zero. The antitrust law is a federal and state law regulation of corporations. The law insures that company does not grow too large which may prevent the growth of other corporations. The government believes that without this law that prices can become fixed and demand will be unfair in the market. In Assignment 3, I discussed the publicly traded company, Bank of America Corporation, and how the corporation deals with competition and change. In this paper, I will discuss the government regulations for mergers, the possible merger that could occur, and how the merger could be profitable. Explain why government regulation is or is not needed, citing the major reasons for government involvement in a market economy. Provide support for your explanation. Governmental regulation is highly important in today’s economy. There are federal and state regulations that are set to ensure the common wealth and beneficial care of the people. If a company was also involved in global marketing, they would need to...
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...FCC vs. ATT Team C Law/531 December 12, 2013 Judge Greg Holder FCC vs. AT&T There are agencies that regulate businesses on the federal, state, and local levels. The law is designed to protect employees and the public from unsafe and immoral business behavior. As a manager, knowing the rules and regulation of these agencies will prevent your company from harmful acts to the public and save cost in legal fees and fines. The Freedom of Information Act provides public access to documents in the possession of federal administrative agencies. This is the act that AT&T hinged its case on with the FCC to utilize the personal privacy clause to exempt case disclosure from its competitors. This paper will highlight the details of the case and define the term “personal privacy”. Case Details “Personal privacy” is generally awarded to individuals to protect them from unwarranted invasion of privacy. Managers must manage the flow of information to and from their companies to protect trade secrets and their employees. The dispute in this case is whether a corporation has the same rights as an individual when personal privacy is applied. “The Freedom of Information Act (FOIA) states that business agencies provide to the public records and documents upon request except specific statutory exemptions.” However, ATT argued that corporations are also entitled to personal privacy, because corporations are protected under the FOIA exemption 7(C) that relates to trade secrets. In this...
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...Constitution Paper 07/30/13 US/110 University of Phoenix The Articles of Confederation was the first known Constitution in the United States History. The Unites States Article of Confederation was created based on the American Revolutionary War. That sole purpose of this plan was to fight for certain freedoms during the war; however, it had many flaws that decreased the chances of the Articles becoming successful. The Articles did not give regulations concerning trade or taxation. It even called for a weak executive team which made to enforce legislation. The Articles of Confederation's greatest weakness, however, was that it had no direct origin in the people themselves–it knew only state sovereignty. There was no unity. Each state had the option to build their own military, create their own currency, and collect their own taxes. With this plan of government, it would be impossible for the federal government to govern effectively and efficiently due to the lack of power that they had over the states. The only power that the federal government had was to generate treaties and control foreign policy. They eventually realized that this plan was not going to work. There were thirteen states at this point. The federal government realized that it was hard to pass amendments due to the fact that they could not agree on anything. As a result, the constitution was created. The constitution is a written statement outlining the basic laws or principles by which a country or organization...
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...Hazardous Waste Regulation Paper University of Phoenix – ENV 320 Megan Lade April 18, 2016 Hazardous Waste Regulation Paper “As late as the Civil War, pigs, goats, and stray dogs were free to roam the streets as "biological vacuum cleaners." In fact, the need to have animals available to eat the garbage was such a concern that Charleston, West Virginia enacted an ordinance in 1834 to prohibit vulture hunting because they ate the city's garbage” (Roberts, n.d.). Hazardous waste, in the US, is created by our rapid growth and need for continued development and improvements of various industrial technologies and products. Lawrence Wang stated in his article, Hazardous Waste Management (n.d.), that the term ‘hazardous waste’ refers to any raw material, intermediate product, final product, spent waste, accidental spill, leakage etc that are hazardous to human health and the environment (while being ignitable, corrosive, reactive, toxic, infectious, carcinogenic and/or radioactive). What Is RCRA & CERCLA? The two key regulations that govern hazardous waste in the US would be the Resource Conservation and Recovery Act (RSRA) and the Comprehensive Environmental Response, Compensation and Liability Act. (CERCLA). In 1976 the Resource Conservation and Recovery Act (RCRA) was developed to control hazardous waste from, what the EPA coined, the ‘cradle-to-grave’. This act covers the generation, transportation, treatment, storage and disposal of hazardous waste. Its main goal was...
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...Constitution and Systems of the State Paper 2Texas Constitution vs. U.S. Constitution the Constitution was created by the founding fathers for two purposes. The Constitution is to establish a federal government for the United States and to delegate limited powers to the federal government. Serving as basic principles of government for the nation, the Constitution implies laws, customs and institutions within one single document. The U.S. Constitution was completed on September 17, 1789 (University of Texas Austin, 2009). A simple way to describe the Constitution is to recognize it as the states being the boss of the federal government. Just as manager is hired to oversee and ensure that the rules and regulations of a company or business are followed, the responsibility of the Constitution is the same. Many states have individual Constitutions that mirror the U.S. Constitution. The Texas Constitution is very similar to that of the United States by establishing the basic laws under that of which its citizens are administered. The Constitution used today was first adopted in 1876. The Constitution has been amended 439 times and consists of 17 amendments. A closer view of the Texas Constitution reveals the main articles of the state. In additional, the relationship between the U.S. Constitution and the state of Texas Constitution is compared. Next is an analysis of services the judicial, education and social systems provide. Finally, an analysis of the system effectiveness is made...
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...Fossil Fuel vs. Renewable Energy: Which is More Environmentally Safe? Cassandra Bohaychyk ENG-122 Professor Welsh June 23, 2013 Fossil Fuel vs. Renewable Energy: Which is More Economical and Environmentally Safe? While both have vital uses in the U.S, oil energy and renewable energy are pitted against each other as the main focuses of resources in the U.S environmental policy because each has an effect on the environment. Renewable energy is constant and can be found all over the nation, but may be costly in different ways. Fossil fuels may be a natural resource but are a one-time use that could eventually become obsolete, and could also be costly. Demonstrating in this research is a plethora of information leading to the outcome of the U.S environmental policy, and whether fossil fuels or renewable resources are best for the environment. Fossil Fuels include coal, petroleum (oil), and natural gas are concentrated organic compounds created from remains of plants and animals that lived millions of years ago formed into biomass. The refining and consumption of these resources have a massive impact on the environment and will eventually be exhausted. According to the US Energy Information Administration (EIA), fossil fuels meet around 82% of U.S. energy demand. According to the Institute for Energy Research, oil is the “transportation fuel” that makes all modern modes of transportation possible and moves both people and goods around the world. Once the products of...
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...ROLE AND FUNCTIONS OF LAW PAPER Role and Functions of law paper If one wants to be successful in business and society then understanding law is important. Laws control social behavior, and social behavior helps society run more proficiently. Laws also help with ethical standards and give a person a hire expectation of safety. Laws provide rules of conduct and a ways for settling disputes. There are other functions of law but not limited to keeping the peace, corruption in government and civil rights. Some governmental law functions include economic growth, social justice and environmental protection (Mallor, Barnes, Bowers, and Langvardt). It is imperative to understand that laws are in place for the safety of all, without laws people and business could not and would not function successfully; the world as we know it would collapse around us. Laws may appear to be rather simple, but the United States legal system is very complex. The United Stated has adopted the legal views of the early British settlers. Not all of the laws are the same but the concept in which the laws where written was adopted from the British to keep order and promote fairness among the British (Liggett, 2012). Laws are broken down into several different types of categories. These categories include but are not limited to the United States constitutions, statutes and common law, administrative...
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...have been many policies and laws that have been passed to make America, a county that will offer a citizenship equal liberty, rights and equal opportunity. In my paper I will discuss the path on how affirmative action was established, and how it is important to public and private procurement. I will use examples of affirmative action from recent discriminating cases. I will show how affirmative action affects federal and subcontractors within the government agencies. I will also talk about how high level manager uses affirmative action within their companies. I will also discuss the path of affirmative action how the changes affect the veterans that have served in the U.S. military. Finally I will discuss how affirmative action has helped changed America for the benefit of the people. “Preferential affirmative action patronizes Americans, blacks, women and others by presuming that they cannot succeed on their own. Preferential affirmative action does not advance civil right in this country” (Alan Keyes). As many decades have past, the question of whether America is place where equal opportunity is available to every citizen of the United States has grown as major debate throughout society. The legal meaning of affirmative action is the employment programs required by the federal statutes and regulations designed to remedy discriminatory practices in hiring minority group members. Affirmative action also means that positive steps are taken to increase the representation...
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...These substances have an immediate and perilous effect on the health of all human beings. Tobacco is the leading cause of preventable death in the United States, alcohol causes impaired judgment and in turn causes people to do things that affect their health physically and emotionally, and marijuana has almost the same effect as alcohol. (New England Law) Health is the ultimate concern when studying these three substances, which would lead to the Family Smoking Prevention Act to survive the Hudson Test. The Granholm case would lead one to believe that states cannot discriminate against outsiders from sales, and the medical exceptions for marijuana are valid on the fact that it has a medical advantage to some citizens. I strongly believe that the federal government has a right to regulate certain aspects of these substances based upon the danger posed to the health of citizens. This paper will discuss certain court cases that shape my opinion for every substance. Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S 557 (1980) was an important case decided by the United States Supreme Court that laid out a four-part test for determining when restrictions on commercial speech violated the First Amendment of the United States Constitution. Central Hudson Gas had challenged a New York State Public Service...
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