BUS 670 Legal Env DQ's

BUS 670 Legal Env DQ's - BUS 670 Legal Environment DQs Week...

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BUS 670 – Legal Environment DQ’s Week 1 – #1 The Nature of Law Problem 4, page 166 Was EPA’s taking of aerial photographs of the Dow complex a search prohibited by the Fourth Amendment? EPA was well within their rights and did not violate Dow’s Fourth Amendment rights when they lawfully flew through navigable airspace in order to obtain aerial photographs of Dow’s facility. According to Kyllo v United States, 533 U.S. (U.S. Sup Ct. 2001) “we have held that visual observation is no “search” at all; the lawfulness of warrantless visual surveillance has long been accepted.” As observed in California v Ciraolo, 476 U.S. 207, 213 (1986), “One might think that examining the portion of a house that is in plain public view [amounts to] a “search,” [though] not an unreasonable one under the Fourth Amendment” (p 141). Despite the EPA initially requesting an inspection of the facility and being denied the visit, they were well within their rights when they flew over top the facility and snapped photographs of portions of the facility that were in plain sight. If Dow wished to maintain their privacy of the entire facility they should have attempted to conceal the equipment and piping that was in plain view overhead. However, the case goes on to declare that, “it would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the advance of technology. The question confronted today is what limits there are upon this power of technology to shrink the realm of guaranteed privacy” (p 141). Mallor, J. P., Barnes, A. J., Bowers, T., & Langvardt, A. W. (2010). Business law: The ethical, global, and e-commerce environment (14 th ed.). New York, NY: McGraw Hill Irwin. #2 The US Constitution What article and section addresses the subject of a presidential veto of a bill passed by the House and the Senate? What is necessary in order for the House and Senate to override a presidential veto? Article 1 Section 7 of the U.S. Constitution addresses the subject of bills passed by the House and Senate. The U.S. Constitution states, in reference to overriding a presidential veto:
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“Clause 2: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House
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BUS 670 Legal Env DQ's - BUS 670 Legal Environment DQs Week...

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