GM520 - Week 2 Discussion Questions

GM520 - Week 2 Discussion Questions - Week 2 Discussion...

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Week 2 Discussion Questions Question No. 1: State of MN banned the sale of milk in plastic, nonreturnable/refillable containers, but permitted them in paperboard milk cartons. Please study the problem found in eBook Chapter 5, Problem 7, and answer the following questions: On appeal to the U.S. Supreme Court, 1. Can the statute survive a constitutional challenge? 2. Is there a "rational basis" for the statute? 3. What effect does the evidence to the contrary have on the statute's constitutionality? We will also read and discuss Chapter 5 Problem 8 in this thread. I do believe the statute can survive a constitutional challenge because the Commerce Clause allows Congress only to regulate interstate commerce; the regulation of milk sales in only paperboard cartons is Minnesota intrastate commerce, which is left to the states for regulation. The state’s purpose to pass the statute was to “control waste” and “take up [less] space in solid waste disposal dumps”; however, the Minnesota Supreme Court found that the plastic bottles
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This note was uploaded on 10/13/2011 for the course MAFM FI516 taught by Professor Anthonycriniti during the Spring '10 term at Keller Graduate School of Management.

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GM520 - Week 2 Discussion Questions - Week 2 Discussion...

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