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BA621-L7A7 - February 1 2010 BA621 Business Law Lesson#7...

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February 1, 2010 – May 21, 2010 BA621 Business Law Lesson #7 Assignment #7 Case 17-1 Summary: American Dental Association v. Martin This case (pages 477-478 of your text) is in Chapter Seventeen to show courts’ reluctance to review rules enacted by administrative agencies. Specifically, the ADA challenged a rule enacted by OSHA that meant to protect health care workers from viruses that can be transmitted in the blood of patients. The ADA said the rule failed to establish that dental workers were sufficiently at risk to benefit from the rule and that the rule unnecessarily burdened consumers with increased medical costs and, hence, diminished care. The court denied the ADA’s petition to review the rule. Answer the following questions (found on page 479 of your text). 1) If you were Justice Posner in Case 17-1, what missing information would you want to consider before making your decision? Clue: Consider the arguments that both sides make in relation to the positive and negative aspects of OSHA's placing more stringent rules on dentists. In other
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