Case Study: Issue: Takings Clause, Campaign Finance Laws, Commerce Clause

1155 words - 5 pages

Case Study:For those of you unfamiliar with the F.I.R.A.C Method of coming to conclusions regarding case studies of business law, first the person must state the fact, then the issues, the Law and finally show how that law applies and conclude on behalf of either side.Fact:Solo Inc made contributions to support pending Alaska State ballot initiative to increase taxes to support the Alaska State university. It also used company resources to suport the ballot initiative and in so doing violated the statute put into affect on January 1, 2001 called the "Campaign Financing Reform Act" which prohibited corporations doing business within the state contributing to or soliciting contributions for any purpose which would influence the vote on any question submitted to the voters other than ones materially affecting any of the property, business or assets of the corporation.Issue:Did Solo Inc violate the Campaign Finance Reform Act?Rule:Campaign Finance Reform Act - No Corporate Entity shall contribute or solicite contributions for any purpose that would influence the vote on any question submitted for the voters.Full Faith and Credit Clause - It ensures that rights established under deeds, wills, contracts and the like in one state will be honored by other states.(Article 4)Article 1 Section 8 - Commerce Clause - To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; (Article 1)5th and 14 ammendment Takings Clause - Two questions: if the 5th amendment was sufficient to decide what was a taking in terms of state action (as shown in Lucas), why was it necessary for the courts to extend the takings clause to the 14th amendment? Also, why was the Court ever able in the first place to apply the 5th amendment takings clause to states? The government must sufficiently equally reimburse the person for whom the taking was committed on.(Takings--5th v 14th amendments)14th ammendment Police Power - Police Power Defined and Limited .--The police power of a State today embraces regulations designed to promote the public convenience or the general prosperity as well as those to promote public safety, health, and morals, and is not confined to the suppression of what is offensive, disorderly, or unsanitary, but extends to what is for the greatest welfare of the state. 65Because the police power is the least limitable of the exercises of government, such limitations as are applicable are not readily definable. These limitations can be determined, therefore, only through appropriate regard to the subject matter of the exercise of that power. 66 ''It is settled [however] that neither the 'contract' clause nor the 'due process' clause had the effect of overriding the power of the state to establish all regulations that are reasonably necessary to secure the health, safety, good order, comfort, or general welfare of the community; that this power can neither be abdicated nor bargained away, and is inalienable even by express...

Find Another Essay On Case Study: Issue: Takings Clause, Campaign Finance Laws, Commerce Clause

The Commerce Clause: An Expansion of Federal Power

1688 words - 7 pages their fellow states as enemies and Britain, whom they rebelled against, as allies. These conflicts showed that individual states were not responsible enough to regulate commerce amongst themselves. The right to regulate interstate commerce had to be given to the federal government. Evolution of Commerce Clause as Instrument of Federal Power The Initial Opinion on the Commerce Clause ‘Gibbons v. Ogden(1824)’ was the earliest case to extend the

The Interstate Commerce Clause: How the Supreme Court Interpreted It Over

2446 words - 10 pages the waterways, as well as the embryonic railroads and eventually telegraph lines, oil and gas pipelines, interstate highways and airlines" (Burger 4).Laws and court cases challenging the extent of the Commerce Clause; began as soon as the Constitution was written. And in every case for a century and a half, the Supreme Court, the branch of the Federal Government charged with interpretation of the Constitution, reminded us that the Clause was not

R. vs Oakes Case and Reasonable Limits Clause

898 words - 4 pages The Charter of Rights and Freedoms is an important document that allows us to live our lives without arbitrary governmental control, although there may be certain times when rights should be limited. The R. v Oakes case is a perfect example of this situation coming into play. David Edwin Oakes was caught with an unlawful possession of hash oil and was automatically convicted of trafficking, under section 8 of the Narcotic Control Act. By

Confidentiality Issue Case Study

2637 words - 11 pages Confidentiality Issue Case Study Counselling is a professional activity, which can be harmful if correct procedures are not followed. Counsellors are dedicated to respecting the rights of those persons seeking their assistance. They must know their rights. It is part of the counsellor’s responsibility to encourage clients to take responsibility themselves. Confidentiality is an ethical issue, which involves keeping

Volkswagen's "Driver's Wanted" ad campaign Case Study

512 words - 2 pages "Drivers Wanted" campaign.As stated in the case study, after AC won the Volkswagen account, they did some in-depth research on consumer and dealer perceptions of Volkswagen. They discovered that--Volkswagen consumers are younger, slightly more affluent, and more educated than the average car purchaser; Volkswagen owners are creative/confident/adventurous individuals who enjoy a more active role in driving; and Volkswagen was perceived as its

E-BUSNIESS & E-COMMERCE study case

1791 words - 7 pages Objective of the case study:The aim of our case study is to analyze and assess Xxxxxxx as a Microsoft CETC Training center to implement yyyyy's expertise in e-commerce, e-business and e-learning. Providing Xxxxxxxwith these solutions will enhance its teaching capabilities especially with its expansion in different locations in the region and enhance its strategic positioning in the market.We will also discuss the implementation of other possible

The case law study of multi-modal transport issue

2678 words - 11 pages documents, Eastern Pride should issue clean bill of lading or foul bill of lading. From then on, the liability transferred from EasyRider to Eastern Pride. Eastern Pride had to keep the cargo without damage until discharging in Dover. So the cargo was found damage, VMeen Business Corporation can check the relevant transport documents to identify who is the responsible carrier for damage.The laws of Hong KongIn contrast to mainland China's civil law

nikes brazil campaign to launch their new world cup shirts - syracuse university - case study on brands

424 words - 2 pages Charly Stamps Case Study Analysis The most impressionable case study discussed in Loveworks, was the Nike campaign to launch their new world cup uniform. I deem this the most impressionable case study for its ability to sneak their way into the consumers’ hands. Nike reconnecting the fans with the team by using their product and brand as the vehicle. I thought the campaign was the most strategically planned. The team identified and outlined

Case study: electronic commerce and business - SHYT (china company in shanghai)

2562 words - 10 pages study computer knowledge and skills to adopt new science and technology environment online so that it is very advantageous to break down misconception about e-travel like internet security etc and build up confidence for customers.In addition, the travel firm should integrate all kinds of software and hardware systems like CRM etc to improve ability of controlling and dealing data and information.4.3 E-Supply Chain4.3.1 E-commerce Travel Supply

E-commerce: A Case Study

529 words - 3 pages , Toysmart decided to settle in order to keep what was left of it. The Federal Trade Commission voted 3-2 to accept a settlement with Toysmart.com forbidding the defunct Internet toy retailer from selling off its customer data as a separate asset during bankruptcy proceedings.In this day and age, there are no true allies that can be trusted: in the case of Toysmart, it was Disney. Small businesses forget their size and capabilities when a strong partner backs them. And as the result, when this partner backs out, they are left with hardly any funds to simply pay their office bills.E-business is a dog eat dog world.

Moral Conflict with Ethical Principles and Laws - Suicidal Cancer Patient Tells Nurse Intentions - Ethics and Law of Health - Case Study

2568 words - 11 pages HLTH3000: Case Study Written Assessment A 57-year-old male patient is suffering from late stage prostate cancer and is currently in care of the oncology department at a general hospital in Brisbane, Queensland. He was diagnosed seven years ago by a urologist, but refused conventional medical intervention and chose to seek alternative treatment. Since this diagnosis, his current admission to the hospital was due to anemia and hypoproteinemia

Similar Essays

Stretching The Commerce Clause Essay

868 words - 3 pages individuals and the NFIB are collectively alleging that “the Act is invalid in its entirety because four of its five core provisions exceed Congress‘s constitutional authority, and none is severable from the rest of the Act.” The plaintiffs in this case are seeking relief stating that this Act, that requires all United States citizens to maintain health insurance, is by far stretching the limits of the Commerce Clause and the pushing the

Effects Of The Commerce Clause Essay

617 words - 3 pages act fairly and honestly in all business practices. Proverbs 16:11:12 “The Lord demands fairness in every business deal; He sets the standard. A king despises wrongdoing, for his rule depends on justice” (New Living Translation). The Commerce Clause provides for the elimination of trade barriers between states (Jennings 2012). The clause also allows for the removal of in-state biases that can be created by unfair taxation or importation laws

Commerce Clause, Ucc And Ucita Essay

633 words - 3 pages 1. Prior to the UCC and UCITA, an earlier and more considerable effort of the United States government to uphold consistency within commercial laws was the Commerce Clause. The Commerce Clause bestowed authority upon congress to control business overseas, and amongst the numerous states, also including Indian Tribes (Cheeseman, 2006). Since the Commerce Clause empowers the United States government to control businesses, it encompasses a larger

Anti Rape Legislation And The Commerce Clause

1262 words - 5 pages the civil action suit through a Federal Court using this law. The question before the court is whether anti-rape legislation is constitutional under the Commerce Clause. The rationale behind the resolution of this issue shall consist of careful analysis of whether this case falls under the precedent of Heart of Atlanta Motel vs US [379 U.S. 241] case of 1964 or the 1995 US vs Lopez case [514 U.S. 549]. It shall be determined whether the