BUSA+Alternative++Judical+and+Online+Dispute+Resolution+(3)
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BUSA+Alternative++Judical+and+Online+Dispute+Resolution+(3)

Course Number: BUSA 2106, Summer 2007

College/University: UGA

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CONSTITUTIONAL AUTHORITY TO REGULATE BUSINESS Why can you not run into a crowded theater and yell "fire" when there is no fire? I. Overview One of the most prevalent myths in the folklore of law and lawyers is found in the dramatization of trials. In the world of pop culture, no one knows who really did it until the end when a surprise witness shows up to "finger" the bad guy. Regardless of...

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AUTHORITY CONSTITUTIONAL TO REGULATE BUSINESS Why can you not run into a crowded theater and yell "fire" when there is no fire? I. Overview One of the most prevalent myths in the folklore of law and lawyers is found in the dramatization of trials. In the world of pop culture, no one knows who really did it until the end when a surprise witness shows up to "finger" the bad guy. Regardless of the outcome, the process is always full of glamour and intrigue. Welcome to Real World 101! A trial rarely resembles the goings on found in the entertainment media. Trials are long, tedious, emotionally and financially draining processes for all parties concerned. In many ways a trial represents a failure by the parties to reach some sort of satisfactory solution of the issue beforehand. Rarely do the parties actually want to go through the machinations of being led through a labyrinth of pleadings, motions, and the like, feeling all the while totally dependent on the sometimes questionable competence of their attorneys. Unlike the make-believe world of entertainment, the job of an attorney is to keep his or her client out of court. The attorney's professional advice should anticipate and resolve potential legal problems before, rather than after, the fact. Assume a dispute does arise which cannot be avoided. The first step taken may not be at the courthouse door. Because of all the frustrations associated with the trial process, one of the fastest growing arenas of law-related activities is found in alternative dispute resolution mechanisms. The more traditional methods are arbitration and mediation. In both cases, a disinterested third party is called in to assist the disputing parties. With arbitration, the parties agree to be bound by the arbitrator. In mediation, the third party acts to bring the parties together but cannot bind them to an agreement. Newer mechanisms include judicial referees, fact-finders, and ombudsmen. In addition, most governmental agencies have internal administrative remedies available for resolution of problems persons may be having with the agency. If none of these out-of-court methods are feasible, the court trial process comes to the fore. II. Multi-issue Essay Question Brew Ha Ha Brewery is located in New Salem, California, and is engaged in the business of producing specialized low alcohol products for specifically identified niche markets. It produces diet beers for the overweight crowd, young malts for the young at heart, and aged malts for the over-the-hill yuppie couch potatoes. Brew Ha Ha's newest product seeks to cash in on the latest craze, a revival of witchcraft! Their new product is named "The Devil Made Me Do It!" The "Devil" beer has the same low alcohol content as all its other products but is designed to look like a steamy caldron of some witch's brew that will conjure up images of the rich and diverse history of occult practices throughout the world. The Texas State Liquor Control Board took umbrage at this product's motives and felt that it would foster and encourage the practice of witchery in its fair state. It thus decided to ban the sale of "The Devil Made Me Do It!" within the state on the grounds that this product would undermine the morals of its 18 Constitutional Authority to Regulate Business citizens through the practice of witchcraft. The Board claims its actions are allowable under both the U.S. and local constitutions. Brew Ha Ha, in turn, claims its constitutional rights are being violated. What result? III. Outline State Court Systems Limited-jurisdiction trial courts Courts that hear matters of specialized or limited nature Small claims courts are a good example of this General-jurisdiction trial court Courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts Intermediate appellate courts Courts that hear appeals from trial courts Highest state court The highest court in a state system Sample State Court System U.S. Supreme Court Created by Article III of the US Constitution Highest court in the US Located in Washington, D.C. Composed of nine justices who are nominated by the President and confirmed by the Senate Types of decisions: Unanimous Majority Plurality Tie Writ of Certiorari is needed for the Supreme Court to hear a case Special Federal Courts US Tax Court US Claims Court US Court of International Trade US Bankruptcy Court US Courts of Appeals These are the federal court system's intermediate appellate courts There are 13 courts of appeals US District Courts These are the federal court system's trial courts of general jurisdiction Presently, there are 96 district courts Relevant Court 19 Terms Standing Need a reason to sue vs Jurisdiction Court's Power to Hear Case vs Venue Place within Jurisdiction where case is heard Jurisdiction of Federal and State Courts Exclusive Federal vs Concurrent vs Not subject to State jurisdiction Shared Exclusive State Not subject to Federal jurisdiction Types of Jurisdiction (1) Subject Matter--type of case court can hear (2) In Personam--power to bring defendant into court within state done via summons outside of state look to long-arm statute defining minimum contacts needed to have jurisdiction special problem in Cyberspace Limited Jurisdiction of Federal Courts (1) Federal Question (2) Diversity of Citizenship amount in question $75,000 or more and all Plaintiffs citizens of different states than all Defendants Anatomy of a Lawsuit Pretrial Litigation Process Pleadings (possibly e-filing) Complaint Answer Discovery Discover relevant facts No Surprises depositions, interrogatories Note: executive calendars are judged using a multifactor approach Dismissal and Pre-Trial Judgments Settlement Conference Trial 20 Constitutional Authority to Regulate Business Anatomy of a Jury Trial Jury selection Opening statement Plaintiff's case Defendant's case Rebuttal and rejoinder Closing arguments Jury instructions Jury deliberations Verdict Entry of judgment The Appeal In a civil case, either party can appeal the trial court's decision once a final judgment is entered In a criminal case, only the defendant can appeal An appellate court will reverse a lower court decision if it finds an error of law in the record It will generally not reverse a finding of fact In Weisgam v. Marley Company, however, the Supreme Court noted that an appellate court may enter judgment against a jury-verdict winner with proper determination. Types of Alternative Dispute Resolution Arbitration Conciliation Fact finding Judicial referee Mediation Minitrial Small claims court All-business courts Arbitration Arbitration is a form of ADR in which parties choose an impartial third party to hear and decide the dispute Many contracts require that disputes arising out of the contract be submitted to arbitration Mediation and Conciliation Mediation A form of ADR in which the parties choose a neutral third party to act as the mediator of the dispute Conciliation A form of mediation in which the parties choose an interested third party to act as the mediator 21 Minitrial A minitrial is a session, usually lasting a day or less, in which the lawyers for each side present their cases to representatives of each party who have authority to settle the dispute Fact-Finding Fact-finding is a process where the parties hire a neutral person to investigate the dispute The fact-finder reports his findings to the adversaries and may recommend a basis for settlement Judicial Referee Parties to Dispute Resolution Judges/Justices administer Lawyers advocate/counselor Jury petit: trier of fact; grand: investigates, indictment Plaintiff/Petitioner brings case Defendant/Respondent parties against whom case is brought Major Functions of the Constitution Creates the three branches of government Executive--carries out laws Legislative--makes laws Judicial--interprets laws Protects individual rights by limiting the government's ability to restrict those rights Separation of Powers Article I Establishes the legislative branch of government--create federal courts Article II Establishes the executive branch of government--needs legislative approval for treaties Article III Establishes the judicial branch of government--reviews acts of other branches for constitutionality 22 Constitutional Authority to Regulate Business Supremacy Clause Establishes that the federal Constitution, treaties, federal laws, and federal regulations are the supreme law of the land. No state law can conflict with them. Geier v. American Honda Motor Company, Inc. illustrates how federal passive restraint law preempted District of Columbia tort law. Commerce Clause Grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes" Gives the federal government authority to regulate interstate commerce within the state or substantially affects. State "Police Power" States can enact laws to protect or promote public health, safety, morals, and general welfare State and local laws cannot unduly burden interstate commerce or discriminate against interstate commerce Wisconsin law banning 55 ft. trucks while federal law banned 65 ft. trucks was unconstitutional. Incorporation Doctrine A doctrine that states that most fundamental guarantees contained in the Bill of Rights are applicable to state and local government action Bill of Rights Government cannot take away rights without reason. More fundamental the right, the stronger the reason must be. Freedom of Speech--written, spoken, and symbolic Fully protected speech Speech the government cannot prohibit or regulate due to lack of compelling reasons Limited protected speech Commercial speech--subject to proper time, place, and manner restrictions Offensive speech--subject to proper time, place, and manner restrictions Unprotected speech--no compelling reasons exist to prohibit Dangerous speech Fighting words Speech that incites the violent or revolutionary overthrow of the government Defamatory language Child pornography Obscene speech Freedom of Religion Establishment Clause Prohibits government from establishing a government sponsored religion or promoting one religion over others law must be neutral on its face (school voucher system constitutional) Free Exercise Clause Prohibits government from enacting laws that prohibit or inhibit people from participating in or practicing their chosen religion without a compelling reason 23 Equal Protection Clause Strict scrutiny test or compelling interest test (needs compelling reason) Applied to classifications based on race Intermediate scrutiny test (needs reasonable relation to legitimate government purpose) Applied to classifications based on protected classes other than race (e.g. sex or age) Rational basis test (needs justifiable reason) Applied to classifications not involving a suspect or protected class Due Process Clause Substantive due process Requires governmental laws to be clear and not overly broad; the test is whether a reasonable person can understand the law Procedural due process Requires government to give people proper notice and hearing before depriving them of life, liberty, or property Privileges and Immunities Clause Prohibits states from enacting laws that unduly discriminate in favor of their residents when dealing with essential activities without substantial reason Relationship of Due Process and Equal Protection: Neither the State nor the Federal Government can take away someone's rights or discriminate against someone without a good reason. The more fundamental the right or the more suspect the class the better the reason must be. Strict Scrutiny/Compelling Interest Test used for fundamental rights Intermediate Test Rational Basis Test used for nonfundamental rights or Non-Suspect Classes reasonable basis needed education/poverty discrimination or Suspect Classes compelling reason needed/narrowest application e.g. religion, speech/race, religion discrimination Special Classes fair and substantial relation to important governmental objective gender discrimination Anatomy of a Lawsuit Pretrial Litigation Process Pleadings (possibly e-filing) 24 Constitutional Authority to Regulate Business Complaint Answer Discovery Discover relevant facts No Surprises depositions, interrogatories Note: executive calendars are judged using a multifactor approach Dismissal and Pre-Trial Judgments Settlement Conference Trial Anatomy of a Jury Trial Jury selection Opening statement Plaintiff's case Defendant's case Rebuttal and rejoinder Closing arguments Jury instructions Jury deliberations Verdict Entry of judgment The Appeal In a civil case, either party can appeal the trial court's decision once a final judgment is entered In a criminal case, only the defendant can appeal An appellate court will reverse a lower court decision if it finds an error of law in the record It will generally not reverse a finding of fact In Weisgam v. Marley Company, however, the Supreme Court noted that an appellate court may enter judgment against a jury-verdict winner with proper determination. Types of Alternative Dispute Resolution Arbitration Conciliation Fact finding Judicial referee Mediation Minitrial Small claims court All-business courts Arbitration Arbitration is a form of ADR in which parties choose an impartial third party to hear and decide the dispute Many contracts require that disputes arising out of the contract be submitted to arbitration Mediation and Conciliation Mediation A form of ADR in which the parties choose a neutral third party to act as the mediator 25 of the dispute Conciliation A form of mediation in which the parties choose an interested third party to act as the mediator Minitrial A minitrial is a session, usually lasting a day or less, in which the lawyers for each side present their cases to representatives of each party who have authority to settle the dispute Fact-Finding Fact-finding is a process where the parties hire a neutral person to investigate the dispute The fact-finder reports his findings to the adversaries and may recommend a basis for settlement Judicial Referee Parties to Dispute Resolution Judges/Justices administer Lawyers advocate/counselor Jury petit: trier of fact; grand: investigates, indictment Plaintiff/Petitioner brings case Defendant/Respondent parties against whom case is brought IV. Objective Questions: Terms: 1. Under the U.S. Constitution, the states delegated certain powers to the federal government. These powers are known as _______________ powers. 2. Under the U.S. Constitution, the three branches of government are given different powers. This is known as the doctrine of _______________ _______________ _________________. 3. When a state law conflicts with a federal law, the federal law takes precedent. This concept is known as the ________________ ________________. 4. The constitutional provision that addresses the issues of a national market and free trade among the states is known as the ________________ ________________. 5. The power the states retain to regulate private and business activity within their borders is the ________________ _______________. 26 Constitutional Authority to Regulate Business 6. Dangerous speech, defamatory language, and obscene speech are examples of _______________ ________________. 7. Examples of speech that are not prohibited under the First Amendment, but may be restricted are ________________ speech and ________________ speech. 8. The First Amendment contains two religion clauses. The _______________ ________________ prevents a state from establishing or promoting a state religion. The ________________ ________________ ________________ prohibits the government from prohibiting or inhibiting people from participating in their religion. 9. Although the freedom is not absolute, the ________________ is the only business given explicit constitutional protection. 10. The Fourteenth Amendment's Due Process Clause has two categories of due process; _______________ due process and ________________ due process. True/False: 1. ____ 2. ____ 3. ____ 4. ____ 5. ____ 6. ____ 7. ____ 8. ____ 9. ____ The Bill of Rights was part of the U.S. Constitution as originally adopted in 1787. The federal government has the exclusive right to regulate foreign commerce. If a state's law is in its best interest, it can preempt any relevant federal law. All provisions of the of Bill Rights are applicable only to the federal government. The Freedom of Speech Clause extends to protect both speech and conduct. Offensive speech, like obscene speech, can be forbidden under the First Amendment. Commercial speech can never be restricted under the First Amendment. Government action that "impacts" on religion, but does not "promote" it is valid. The requirements of the Due Process Clause apply to both state and federal government, but never to private individuals. The U.S. Supreme Court uses different standards when reviewing equal protection cases, depending on the classification affected. All countries of the world are democracies. 10. ____ 11. ____ Multiple Choice: 1. The federal government is given the power to set international trade policies in the U.S. Constitution under which doctrine or clause? A. Doctrine of Separation of Powers. 27 B. Commerce Clause. C. Preemption Doctrine. D. Supremacy Clause. 2. Under the Miller v. California standard for determining whether speech is obscene, there is a three-part test that is analyzed from the viewpoint of: A. An objective standard. B. The person who produced the allegedly obscene speech. C. The person who is offended by the obscene material. D. Contemporary community standards. 3. If the government believes certain offensive language is inappropriate to air on a television program, the government: A. Can do nothing; even though it is offensive, it is completely protected by the First Amendment. B. Can completely ban the speech since offensive language is like obscene language and can be entirely forbidden. C. Can regulate the language, restricting it to certain times the language can be aired. D. Can use its discretion to do any of the above. 4. If the government believes certain commercial speech should be regulated, the government must: A. Prove a substantial interest in restricting the speech. B. Prove the restriction advances the government's interest. C. Prove the restrictions are not more extensive than necessary. D. All of the above. 5. Ian Informant calls Janet Journalism at the Daily Reporter to tip her off about a scandalous politician. Janet meets with Ian and writes a very controversial story on the politician. Assume a lawsuit arises under a state law and this state has a "shield law." A. Janet and the Daily Reporter are not protected by the First Amendment because a journalist can never write detrimental articles about politicians. B. Janet and the Daily Reporter are protected by the First Amendment and cannot be forced to reveal that Ian was the source because of the shield law. C. Janet and the Daily Reporter are protected by the First Amendment but can be forced to reveal that Ian was the source. D. None of the above. 6. Assume the same facts as in question 5 except that the suit is brought under a law allowing federal prosecution. A. Janet and the Daily Reporter are not protected by the First Amendment because a journalist can never write detrimental articles about politicians. B. Janet and the Daily Reporter are protected by the First Amendment and cannot be forced to reveal that Ian was the source because of the shield law. C. Janet and the Daily Reporter are protected by the First Amendment but can be forced to reveal that Ian was the source. 28 Constitutional Authority to Regulate Business D. None of the above. 7. State X passes a law requiring all Caucasian citizens to pay an additional fee of $20 when applying for a driver's license. In examining the constitutionality of this requirement, the Supreme Court is likely to use which standard? A. Strict scrutiny. B. Intermediate scrutiny. C. Rational basis. D. Any of the above. 8. State X passes a law requiring that all lifeguards hired for public swimming pools must be men. In examining the constitutionality of this law, the Supreme Court is likely to use which standard? A. Strict scrutiny. B. Intermediate scrutiny. C. Rational basis. D. Any of the above. 9. Patron Paul is thrown in jail by the police for thirty days without a hearing for allegedly punching Customer Carl at the Big Bear Bar. Have the police violated any constitutional provisions? A. No, because Carl told the police what happened, so the procedural due process requirement has been met. B. No, because a reasonable person could understand it is illegal to injure someone else, so the substantive due process requirement has been met. C. Yes, because procedural due process requires a notice and a hearing. D. Yes, because a law against punching someone in a bar violates substantive due process. 10. Competitive Car Company lobbies several Congress members to pass a law giving U.S. car companies a tax break. Is this action protected under the Constitution? A. Yes, it is protected by the freedom to petition. B. No, the freedom to petition only protects individuals, not companies. C. No, this issue is governed by the individual states. D. None of the above. Constitution Exercise: Name the clause from the constitution that is relevant for handling the cases listed below: (1) Arizona statute suspends driver's license for someone who can't pay judgments while Federal Bankruptcy Law exists__________________ (2) Alaskan statute requires that owners of Alaskan oil leases must hire Alaskans__________________ (3) Federal Driver's Privacy Protection Act prohibits states from selling personal information without consent____________________ (4) Maryland statute stated that producers or refiners of petroleum 29 products were not permitted to operate retail service stations in Maryland____________________ (5) Federal Telecommunication Act of 1996 prohibits state and local governments from blocking entry into telecommunications industry____________________ (6) Wheat grown by a farmer for home consumption can be regulated by the Federal Government____________________ (7) The Telecommunications Act of 1996 requires cable operators not to transmit sexually explicit materials from 6AM to 10PM if signal bleed can occur____________________ (8) Federal Communications Commission regulations prohibit the broadcast of gambling and lottery information over radio and television______________________ (9) State high school policy permitting students of the high school to elect a student to give invocations over the public loud speaker at football games___________________________ V. Answers to Objective Questions: Terms: 1. Enumerated. These powers are expressly named or granted to the federal government by the Constitution. 2. Separation of powers. Under this doctrine, one branch is not permitted to encroach upon the domains of the other two branches. 3. Preemption doctrine. If certain matters are considered of national importance and the federal government has addressed the issue, states may not pass laws that are inconsistent with federal law. Federal law takes precedence over state law. 4. Commerce Clause. This provision is found in Article I, Section 8, Clause 3 of the U.S. Constitution and is the cornerstone of an enormous amount of exclusive legislative and regulatory power over interstate commerce by the federal government. 5. Police power. Based on the Tenth Amendment to the U.S. Constitution, the authority to secure the general health, safety, welfare and morals within their boundaries is conferred upon the states. 6. Unprotected speech. These are all forms of expression that have been found in varying degrees to be unprotected by the freedom of speech rights guaranteed by the First Amendment to the U.S. Constitution. 7. Offensive, commercial. Both of these forms of speech enjoy limited protection under the 1st Amendment. As such, they may not be totally barred, but are subject to restrictions on a case-by-case basis. 8. Establishment Clause, Free Exercise Clause. While not seeking to establish an "official" state religion, our system seeks to strongly protect the individual's right to practice his or her own religious beliefs. 9. Press. Our founders appreciated the necessity for a free and open press. The press is sometimes called the "Fourth Estate." 10. Substantive, procedural. Substantive goes to content, and procedural goes to application. In both cases, constitutional guarantees are sought to be meaningful in both context and application. They are based on the Fifth and Fourteenth Amendments. True/False: 1. False. The Bill of Rights was not part of the original Constitution and was not adopted until 1791. 2. True. The Commerce Clause of the U.S. Constitution grants the federal government the exclusive right to regulate commerce with foreign countries. 30 Constitutional Authority to Regulate Business 3. False. Under the Supremacy Clause of the U.S. Constitution, federal laws, treaties, and regulations are the supreme laws and may preempt any conflicting state laws. 4. False. Through the incorporation doctrine, the Supreme Court has held that most provisions of the Bill of Rights apply to the states as well as to the federal government. 5. False. The Freedom of Speech Clause protects oral, written, and symbolic speech, but not conduct. 6. False. Offensive speech can be restricted by the government, but cannot be completely forbidden. 7. False. Commercial speech, like offensive speech, can be subject to certain time, place, and manner restrictions. 8. True. Under the Establishment Clause, the government can impact on religion with laws that have a secular, as opposed to a religious, purpose. 9. True. The Due Process Clause imposes no duty on private individuals. 10. True. Depending on the classification that a given law may impact, the Court may apply a strict scrutiny, intermediate scrutiny, or rational basis test. 11. False. Kingdom of Nepal is a monarchy. Multiple Choice: 1. B. The Commerce Clause gives the federal government the exclusive power to establish and regulate international trade. 2. D. The Court in Miller set out a three-part test that requires application of "contemporary community standards" in determining whether certain speech appeals to prurient interest, is patently offensive, or has any social value. 3. C. Offensive speech has limited protection under the 1st Amendment. The government cannot forbid such speech, but can restrict it in certain ways. 4. D. For the government to be allowed to restrict commercial speech, it must prove A, B, and C. This is because commercial speech has limited protection under the 1st Amendment. Therefore, the government bears some burden in showing restriction of such speech is justified. 5. B. The press is the only business granted express protection under the First Amendment. Therefore, as long as Janet and the Daily Reporter act within the law, this speech is protected. The state's shield law protects Janet from having to divulge that Ian was the informant. However, this protection is not derived from the 1st Amendment. A is incorrect because the First Amendment does protect such speech provided it does not violate another law. C is incorrect because the shield law protects Janet's informants. 6. C. State shield laws only protect the press under state law. If a suit is brought under a federal law, the First Amendment protects the speech, but not Ian's identity. A is incorrect because the 1st Amendment does generally protect such speech. B is incorrect because the shield law is not effective in a federal court. 7. A. This law classifies persons based on race, which is a suspect class. Therefore, strict scrutiny would be the appropriate test. B is incorrect because intermediate scrutiny is used for other protected classes such as sex, age, or national heritage. C is incorrect because rational basis applies when the classification is neither suspect or protected. 8. B. Because this classification is based on gender, the appropriate test is intermediate scrutiny. A is incorrect because strict scrutiny is generally used for the suspect class of race. C is incorrect because rational basis applies when the classification is neither suspect or protected. 9. C. Regardless of the facts of this punching incident, Paul is entitled to notice and a hearing before he is jailed. A is incorrect because Carl's recitation of the facts does not satisfy the procedural due process requirement of a notice and hearing. B is incorrect because even if substantive due process is satisfied, this alone is not enough to put Paul in jail. D is incorrect because such a law does not violate substantive due process. However, procedural due process must also be satisfied. 31 10. A. The freedom to petition applies to both individuals and businesses. C is incorrect because the states must provide their citizens this freedom under the 1st Amendment. Constitution Exercise: (1) Supremacy Clause. Frustrated federal law without the intent to do so. (2) Privileges and Immunities Clause. Unconstitutionally bars essential activities without substantial reason. (3) Commerce Clause. Reno v. Condon, Information is an item in interstate commerce. (4) Commerce Clause. Exxon v. Governor of Maryland, Constitutional since no undue burden on commerce or no discrimination. (5) Supremacy Clause. Conflicting laws preempted. (6) Commerce Clause. Wickard v. Filburn, Affects wheat available in interstate commerce. (7) Freedom of Speech. U.S. v. Playboy, Unconstitutional as an overly broad restriction on content-based speech. (8) Freedom of Speech. Greater New Orleans Broadcasting Association, Inc. v. U.S., Rules violate commercial free speech rules since ads are not misleading or about unlawful activities. (9) Establishment Clause. Santa Fe Independent School District v. Jane and John Doe, State affirmatively sponsoring a particular religious practice violates Establishment Clause. VI. Answers to Essay Question: The issue of the regulation and control of the sale of alcoholic products has had a long and controversial history in the U.S. In 1919, Congress passed the Eighteenth Amendment to the U.S. Constitution that banned the manufacture, sale, or transportation of intoxicating liquors in the U.S. After years of futile efforts to enforce this ban, the Eighteenth Amendment was repealed in 1933 by the TwentyFirst Amendment to the U.S. Constitution. As part of the repeal of the Eighteenth Amendment, Section 2 of the Twenty-First Amendment allowed state and local jurisdictions the option to regulate the transportation, importation, or possession of intoxicating liquors within their jurisdictions. Because the Twenty-First Amendment specifically gave states local options over the control and regulation of the sale of intoxicating liquors, it appears that the Texas Liquor Board does have the presumptive power to act on this issue. In addition, traditional police powers to protect the health, safety, and morals of its citizens are also entrusted to state and local authorities. States have very broad powers regarding the control of intoxicating products, as was seen in the Capital Cities Cable Case discussed in the text, but this power is not absolute. There is an expectation by the federal government that any exercise of the local option power of liquor control will be suspect and preempted by the national goals of free commerce required by the Commerce Clause. Thus, even though the state may be the first to act in these types of cases, it may not always have the last word in these matters. In addition to concerns over power-sharing between national and state governments in cases involving the sale of intoxicating commercial products, we have a possible "larger" issue--that of free speech. Any attempt to limit free speech, albeit by a commercial entity rather than a private person, is always subject to great scrutiny by the courts. This question was based on a real incident that occurred in Texas in 1991. The Dixie Brewing Co. of New Orleans sought to market a beer in Texas called "Blackened Voodoo Lager." The Texas liquor authorities sought to ban the product because it believed the lager would promote occult practices. It later rescinded the proposed ban for fear of legal challenges. Those challenges would most likely have been made on the grounds of commercial free speech and interference with the free flow of goods in interstate commerce. At a minimum, the state of Texas would 32 Constitutional Authority to Regulate Business have the burden of proof in showing that the sale of this product would damage the health, safety, morals, and welfare of its citizens as required under the use of its state police powers. 33

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UGA - BUSA - 2106
Business Crimes and Online CrimesBUSINESS CRIMES AND ONLINE CRIMESWhen are you guilty beyond a reasonable doubt? I. Overview One of the most frequently posed questions to members of the legal profession is: "How can you defend someone you know is
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Constitutional Law for Business and E-CommerceCONSTITUTIONAL LAW FOR BUSINESS AND E-COMMERCEWhy can you not run into a crowded theater and yell "fire" when there is no fire?I. Overview The scales of justice have long been one of the key symbols
UGA - BUSA - 2106
CONSUMER PROTECTIONWhy should the buyer beware?I. Overview This chapter covers the set of remedies available to a wronged or injured consumer. First, there is criminal law. Victims of consumer fraud and similar offenses have always been able to s
UGA - BUSA - 2106
Corporate Directors, Officers, Shareholders, and Corporate LiabilityCORPORATE DIRECTORS, OFFICERS, SHAREHOLDERS, AND CORPORTE LIABILITYWho is in Charge?I. Overview Corporations can provide many advantages for business including perpetual existe
UGA - BUSA - 2106
Corporate Formation, Financing, and Multinational CorporationsCORPORATE FORMATION, FINANCING, AND MULTINATIONAL CORPORATIONSIs a corporation a legal entity?I. Overview Corporations can provide many advantages for business including perpetual ex
UGA - BUSA - 2106
COURT SYSTEMS AND JURISDICITONWhen can you take a case to court?I. Overview You are standing at the window with a friend and your car gets hit. You see it happen and you want to sue. Can you and, if so, where? Your friend saw the same accident. C
UGA - BUSA - 2106
EMPLOYMENT AND WORKER PROTECTION LAWSWho needs protection-the employer or the employee?I. OverviewIn the past, the dominant contractual form the employment relationship has taken has been found in the employment at will doctrine. This doctrine
UGA - BUSA - 2106
Entrepreneurship, Sole Proprietorships, and PartnershipsENTREPRENEURSHIP, SOLE PROPRIETORSHIPS, AND PARTNERSHIPSWhat type of business should I choose?I. Overview An important objective of this chapter is to introduce students to the law of busi
UGA - BUSA - 2106
ENVIRONMENTAL PROTECTIONHow can you pollute just a little?I. Overview A large chemical company recently aired a TV commercial to announce that it plans to use doublelined tanker ships to transport its products. In the ad, this news is shown being
UGA - BUSA - 2106
Equal Opportunity in EmploymentEQUAL OPPORTUNITY IN EMPLOYMENTWhy is discrimination wrong?I. Overview No single American legal issue is inflamed with more controversy than discrimination in the workplace. The genesis of our nation's heritage is
UGA - BUSA - 2106
Torts and Cyber PrivacyChapter 6 TORTS AND CYBER PRIVACYWho can I sue for hurting me?I. Overview The word tort is not readily familiar to students who have not yet studied law. Like so many words of art found in the law, it has a special meanin
UGA - BUSA - 2106
REAL PROPERTY AND LAND USE REGULATIONWhat do I really own?I. Overview Students find it important to learn how to plan their personal affairs through the law. The laws of contracts, property, and torts play significant roles in business and vital r
UGA - BUSA - 2106
STRICT LIABILITY AND PRODUCT LIABILITYWho is responsible for injury from a defective product?I. OverviewWhen an individual is hurt because of a defective product, the first thought is usually to compensation and its source. Traditionally the the
UGA - BUSA - 2106
Limited Liability Companies and Special Forms of BusinessLIMITED LIABILITY COMPANIES AND SPECIAL FORMS OF BUSINESSWhat does limited mean?I. Overview Business entity choices are strategic decisions based on a number of factors. These elements inc
UGA - BUSA - 2106
ONLINE COMMERCE AND E-CONTRACTSWhat has the computer done to the law?I. Overview The key features of this chapter seek to introduce the student to the basic history of e-commerce and the Internet. The first key objective of this chapter is to des
UGA - BUSA - 2106
Labor LawLABOR LAWShould strikes after be stopped?I. Overview Organized labor has suffered from a long and steady decline in membership, power, and influence over the past forty years. Much of this slide has been of its own doing, traceable to
UGA - BUSA - 2106
FORMATION OF TRADITIONAL AND ONLINE CONTRACTSDo we have a deal? I. OverviewA contract is an agreement between two or more parties, which provides not only for performance of duties called for under the agreement, but also for legal remedies in cas
UGA - BUSA - 2106
ETHICS AND SOCIAL RESPONISBILITY OF BUSINESSHow much of the manufacturing waste should we dump in the water?I. Overview The novel Spartacus was written by the French author Bernard Joseph Saurin in 1760. The novel was named after the Thracian slav
UGA - BUSA - 2106
Performance of Contracts and Remedies for BreachPERFORMANCE OF CONTRACTS AND REMEDIES FOR BREACHWhy can't I change the terms of my contract or extend it without consequences?I. Overview The first set of defenses to the enforcement of contracts
UGA - BUSA - 2106
LEGAL FOUNDATION AND GLOBAL ENVIRONMENTWhy do we stop at red lights or what is the "LAW"?I. Overview One of the first objectives of this opening chapter centers around illustrating attempts by great thinkers to answer the unanswerable. How law an
UGA - BUSA - 2106
Investor Protection and Online Securities TransactionsINVESTOR PROTECTION AND ONLINE SECURITIES TRANSACTIONSWhat's wrong with insider trading?I. Overview Assume a sporting event were to be contested under the following conditions: 1. All the pl
UGA - BUSA - 2106
GOVERNMENT REGULATION AND ADMINISTRATIVE LAWHow many agencies are there?I. Overview A labyrinth is identified as a structure or garden characterized by an extremely complex maze with tortuous dead ends and blind alleys. Anyone who has dealt with
UNC - BIOL - 252
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) Which of the following embryonic brain structures will form the thalamus, hypothalamus, and epithalamus in the adult? A) Diencephalon B) Mesence
UNC - CHEM - 430
Study guide for Chem 430 Final Exam Life and water 1. types of biomolecules, structure of water, H-bonding potential, water as a solvent and effect on structure/function of biomolecules. Chem. 21 thermodynamics. Amino Acids 1. general acid base prope
UNC - MCRO - 255
Name_Test Number_Multiple Choice questions 1-35. 1. Which of the following complement proteins is responsible for opsonizing bacteria? a. C1/C4/C2 b. C3 c. MAC complex d. C3b e. C5b 2. Antigen presenting cells take up antigen and migrate a. Throu
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Multiple Choice Answers: 1. A Gram negative bacterium a. Has no peptidoglycan in its cell wall. b. Has less LPS than a gram positive bacterium. c. Contains a layer of teichoic acid. d. Wll always contain endotoxin. e. Is not effectively treated with
UNC - CHEM - 262
UNC - CHEM - 430
UNC - BIOL - 252
Exa m III, BI O L 252 1) A) B) C) D) 2) A) B) C) D) 3) A) B) C) D) 4) A) B) C) D) 5) A) B) C) D) 6) A) B) C) D) 7) A) B) C) D) 8) A) B) C) D) 9) A) B) C) D) 10) A) B) C) D) 1 1) A) B) C) D) 1
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Chem 61, Section 2Exam 3November 22, 2004Name _(please print)Instructions: please use pencil1. 2. 3. 4. 5. There are 4 pages including this one. You may use molecular models. Spelling counts. Read each problem carefully. Ambiguously rendere
UNC - POLI - 100
Congress (Part 1) Chapter 11 1. What is the basic role of Congress? a. Lay and Collect Taxes b. Borrow money c. Regulate commerce d. Establish rules of naturalization e. Coin money f. Establish post offices and post roads g. Confer patents h. Constit
UGA - HIST - 2111
Professor Winship: HistGovernment of England Governed by Monarchy Parliament Two Houses (House of Lords and House of Commons) - Have to be male property owner to vote for House of Commons Monarchy much more important that Parliament - Parliam
UNC - POLI - 100
Political Science Final Exam Notes Taxation and Economic Policy A. Iron TrianglesB. Issue Networks a. An issue network is a set of individuals including public officials who have expertise within a given policy area, and who come together, usually
UGA - HIST - 2111
History 1/30Puritans came for religious freedom, but to them religious freedom meant the freedom to worship God correctly, not to worship any God they choose. Roger Williams- minister who believes Massachusetts is not pure enough. Serious fanatic.
UGA - HIST - 2111
History 2/04Most important colonies in West Indies British had a lot of colonies in New World Main purpose of colonies is economic, government wants to keep economic relationship Mercantalism-based on assumption of limited resources; ideally a coun
UGA - HIST - 2111
History 2/201773- Aftermath of the Boston Tea Party A crime has been commited and the British gov't can't Coercive Acts Close Boston harbour until tea is paid for. Take away Massachusetts self government. Quebec Act Gave freedom of religion in Que
UGA - HIST - 2111
History 2/06Snapshot of the Colonies in 1750 Governor Usually elected in England, takes orders from England Paid by the HoR Council House of Represenatives New England is most egalitarian place in the colonies. New England is most educated p
UNC - CLAR - 120
Clar.120 Ancient Cities What is a city? Cities are one of the things Anthropologists use to define complex societies. Why is it worth studying cities? Understanding a civilization The culture, art, political government Cities How Do We Define Them? I
UNC - POLI - 100
Gulci Gulch Essay An upset for the ages occurred when Tax Reform Act of 1986 swept through Congress with overwhelming support. The fact that tax reform succeeded is miraculous because, in order to become a law, the act had to overcome many obstacles.
UNC - POLI - 100
An analysis of the Oceanian Government George Orwell in his critically acclaimed novel 1984 enlightens a reader's view of politics. Readers notice after flipping through the pages that a government has total control over the lives of their citizens.
UNC - HIST - 367
To the Victors Belong the Spoils I. Creating a Usable Past A public memory of the past supporting White Supremacy A. Archives and Scholarship Investment in history began in 1898 in Alabama and NC follows in 1903 History could shape a white citizenry
UNC - POLI - 100
Poli Science 100-006 An Introduction to Government 1. What is government? a. Government is the structure and processes through which rules or policies are authoritatively determined for society as a whole. i. Usually territory involved ii. Power b. A
N.C. State - PHI - 205
How do I know the outside world exists and that it is as it appears to be? Internalist: all you can observe is what is I your own mind and your own perceptions and any attempt to get outside the mind is not possible 1 Each individual is trapped in hi
N.C. State - MAE - 301
1-1Chapter 1 INTRODUCTION AND BASIC CONCEPTSThermodynamics 1-1C Classical thermodynamics is based on experimental observations whereas statistical thermodynamics is based on the average behavior of large groups of particles. 1-2C On a downhill roa
N.C. State - MAE - 301
1-34Review Problems 1-85 A hydraulic lift is used to lift a weight. The diameter of the piston on which the weight to be placed is to be determined. Assumptions 1 The cylinders of the lift are vertical. 2 There are no leaks. 3 Atmospheric pressure
N.C. State - MAE - 301
5-98Review Problems5-145 A water tank open to the atmosphere is initially filled with water. The tank discharges to the atmosphere through a long pipe connected to a valve. The initial discharge velocity from the tank and the time required to emp
N.C. State - MAE - 301
5-1195-176 Saturated refrigerant-134a vapor at a saturation temperature of Tsat = 34C condenses inside a tube. The rate of heat transfer from the refrigerant for the condensate exit temperatures of 34C and 20C are to be determined. Assumptions 1 St
N.C. State - MAE - 301
5-77Charging and Discharging Processes5-121 A large reservoir supplies steam to a balloon whose initial state is specified. The final temperature in the balloon and the boundary work are to be determined. Analysis Noting that the volume changes l
N.C. State - MAE - 301
5-1Chapter 5 MASS AND ENERGY ANALYSIS OF CONTROL VOLUMESConservation of Mass 5-1C Mass, energy, momentum, and electric charge are conserved, and volume and entropy are not conserved during a process. 5-2C Mass flow rate is the amount of mass flowi
N.C. State - MAE - 301
4-49Closed System Energy Analysis: Solids and Liquids 4-74 A number of brass balls are to be quenched in a water bath at a specified rate. The rate at which heat needs to be removed from the water in order to keep its temperature constant is to be
N.C. State - MAE - 301
4-64Review Problems4-110 Heat is transferred to a piston-cylinder device containing air. The expansion work is to be determined. Assumptions 1 There is no friction between piston and cylinder. 2 Air is an ideal gas. Properties The gas contant for
N.C. State - MAE - 301
5-27Turbines and Compressors 5-45C Yes. 5-46C The volume flow rate at the compressor inlet will be greater than that at the compressor exit. 5-47C Yes. Because energy (in the form of shaft work) is being added to the air. 5-48C No.5-49 Steam expa
N.C. State - MAE - 301
5-61Pipe and duct Flow5-98 A desktop computer is to be cooled safely by a fan in hot environments and high elevations. The air flow rate of the fan and the diameter of the casing are to be determined. Assumptions 1 Steady operation under worst co
N.C. State - MAE - 301
5-41Mixing Chambers and Heat Exchangers 5-72C Yes, if the mixing chamber is losing heat to the surrounding medium. 5-73C Under the conditions of no heat and work interactions between the mixing chamber and the surrounding medium. 5-74C Under the co
N.C. State - MAE - 301
2-37Energy and Environment 2-79C Energy conversion pollutes the soil, the water, and the air, and the environmental pollution is a serious threat to vegetation, wild life, and human health. The emissions emitted during the combustion of fossil fuel
N.C. State - MAE - 301
3-1Chapter 3 PROPERTIES OF PURE SUBSTANCESPure Substances, Phase Change Processes, Property Diagrams 3-1C Yes. Because it has the same chemical composition throughout. 3-2C A liquid that is about to vaporize is saturated liquid; otherwise it is co
N.C. State - MAE - 301
4-1Chapter 4 ENERGY ANALYSIS OF CLOSED SYSTEMSMoving Boundary Work 4-1C It represents the boundary work for quasi-equilibrium processes. 4-2C Yes. 4-3C The area under the process curve, and thus the boundary work done, is greater in the constant p
N.C. State - MAE - 301
2-1Chapter 2 ENERGY, ENERGY TRANSFER, AND GENERAL ENERGY ANALYSISForms of Energy 2-1C In electric heaters, electrical energy is converted to sensible internal energy. 2-2C The forms of energy involved are electrical energy and sensible internal en
UNC - STOR - 415
UGA - ECON - 2200
1Econ 2200-Moore Study Guide for Final Exam I. General Information: The final exam will be held in our regular classroom. Dates/times for each section are: 10:10 Section: Friday, Dec 14, 8:00-11:00 a.m. 11:15 Section: Monday, Dec 10, 12:00-3:00 p.m.
UNC - STOR - 415