Admin LawSummer09 Final

Admin LawSummer09 Final - 2009 Administrative Law Professor...

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2009 Administrative Law Professor Farmer Final Exam This exam consists of one question worth 100 points. You will have two hours to complete this exam. Please read the question carefully. This exam will consist of 100% of your final grade. QUESTION ONE BEGINS ON THE NEXT PAGE
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QUESTION ONE Congress enacts the following statutes: 1 USC 100: This Act shall be referred to as the No Internet Porn Act (“NIPA”). 1 USC 101: It is the intent and purpose of the NIPA to protect children and those otherwise susceptible to the evils of pornography. The NIPA is to operate independently of the president. 1 USC 102: The Federal Anti-Porn Commission (“FAPC”) is hereby created to carry out and enforce the objectives of the NIPA. The FAPC is given adjudicatory authority. 1 USC 103: Persons owning or operating Internet web sites that contain pornography are prohibited from targeting, or allowing access to their sites by, persons under the age of 18 and those who are susceptible to the evils of pornography. 1 USC 104: No one under the age of 18, and those who are susceptible to the evils of pornography, may access pornographic sites. 1 USC 105: The FAPC is given the authority to enact all necessary rules and regulations to carry out the purposes of the NIPA. 1 USC 106: Judicial review of any adjudications of the FAPC may not be reviewed by any Article III court. 1 USC 107: The FAPC shall be governed by a board of three directors. The board of three directors shall be appointed by the president with confirmation by both the House and the Senate. 1 USC 108: The FAPC shall have absolute discretion to expend any moneys in the enforcement of the NIPA. In exercising such discretion, the FAPC must consider the needs of the public versus its monetary funds. Pursuant to the above authority, FAPC decides to create regulations to further enforce the purposes of the NIPA. The FAPC publishes in the Federal Register its intent to create regulations that: (1) define the meaning of pornography; and (2) require prescreening of all Internet pornography before the FAPC before it can be published on the Internet.
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Admin LawSummer09 Final - 2009 Administrative Law Professor...

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