Indictment by grand jury before criminal trial Constitution places restrictions on government, not individuals/businesses o Commerce clause gives government jurisdiction over business Protected Freedoms o Religion o Speech Unprotected speech is regulated speech Obscenities, porn, defamation, harmful o Commercial speech is only protected if it relates to a lawful activity and if it’s not misleading o Slander is more regulated for individuals than for celebrities DUE PROCESS Level 1 – Rational Basis (Economic and Social Regulation) 4
o Has to be legitimate government interest o Distinction must have some rational relationship with interest o Ex. Emissions testing, advertising rules Level 2 – Intermediate Scrutiny (Gender Based Discrimination) o Classification substantially advances an important government interest Level 3 – Strict Scrutiny (Race, National Origin, Free Speech, Right to Privacy, Right to Travel) o Must demonstrate that distinction is necessary to protect a compelling interest o Distinction in narrowly tailored to discriminate no more than is absolutely necessary o Can almost ever meet this test Exception: affirmative action Rational Basis Review Intermediate Scrutiny Strict Scrutiny State Interest Only needs to be legitimate, can be merely conceivable – need not be actual Must be genuine and important State interest must be compelling Law’s Relation to that Interest Must be rationally related or non- arbitrary Must be substantially related Must be necessary to achieve the purpose – must be “narrowly tailored” o Substantive Due Process Prohibits statutes, regulations, and other kinds of government action that are arbitrary and irrational o Procedural Due Process Guarantees that the government will follow fair procedures before taking certain actions against individuals and companies Requirements 1. Advance notice of proposed action 2. “Opportunity to be heard” 3. Impartial decision maker o Takings Clause Private property shall not be taken for public use without just compensation 5
ETHICS Ethics: the study of morality by systematically exploring moral values, moral standards and obligations, moral reasoning, and moral judgments Philosophical approaches to ethical reasoning o Utilitarianism : permits all conduct that will serve to objective of maximizing the social utility o Deontological (rule-based): we can identify and apply certain threshold standards of moral behavior o Virtue Ethics : concentrates on the actor attempting to become a virtuous person in all aspects, rather than on outcomes Social and Organizational Pressures o Obedience to Authority Employees become so focused on pleasing the boss that they do not see ethical dimensions of an action o
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- Spring '08